[JPRT 109-33]
[From the U.S. Government Publishing Office]



109th Congress                                                  S. Prt.
 1st Session             JOINT COMMITTEE PRINT                   109-33
_______________________________________________________________________
 
                    COUNTRY REPORTS ON HUMAN RIGHTS
                           PRACTICES FOR 2004

                               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

                                     






                             SEPTEMBER 2005

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

                                  ______

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23-016 PDF             WASHINGTON : 2005
_________________________________________________________________
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                     COMMITTEE ON FOREIGN RELATIONS

                  RICHARD G. LUGAR, Indiana, Chairman

CHUCK HAGEL, Nebraska                JOSEPH R. BIDEN, Jr., Delaware
LINCOLN CHAFEE, Rhode Island         PAUL S. SARBANES, Maryland
GEORGE ALLEN, Virginia               CHRISTOPHER J. DODD, Connecticut
NORM COLEMAN, Minnesota              JOHN F. KERRY, Massachusetts
GEORGE V. VOINOVICH, Ohio            RUSSELL D. FEINGOLD, Wisconsin
LAMAR ALEXANDER, Tennessee           BARBARA BOXER, California
JOHN E. SUNUNU, New Hampshire        BILL NELSON, Florida
LISA MURKOWSKI, Alaska               BARACK OBAMA, Illinois
MEL MARTINEZ, Florida
                 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
CHRISTOPHER H. SMITH, New Jersey,    HOWARD L. BERMAN, California
  Vice Chairman                      GARY L. ACKERMAN, New York
DAN BURTON, Indiana                  ENI F.H. FALEOMAVAEGA, American 
ELTON GALLEGLY, California               Samoa
ILEANA ROS-LEHTINEN, Florida         DONALD M. PAYNE, New Jersey
DANA ROHRABACHER, California         ROBERT MENENDEZ, New Jersey
EDWARD R. ROYCE, California          SHERROD BROWN, Ohio
PETER T. KING, New York              BRAD SHERMAN, California
STEVE CHABOT, Ohio                   ROBERT WEXLER, Florida
THOMAS G. TANCREDO, Colorado         ELIOT L. ENGEL, New York
RON PAUL, Texas                      WILLIAM D. DELAHUNT, Massachusetts
DARRELL ISSA, California             GREGORY W. MEEKS, New York
JEFF FLAKE, Arizona                  BARBARA LEE, California
JO ANN DAVIS, Virginia               JOSEPH CROWLEY, New York
MARK GREEN, Wisconsin                EARL BLUMENAUER, Oregon
JERRY WELLER, Illinois               SHELLEY BERKLEY, Nevada
MIKE PENCE, Indiana                  GRACE F. NAPOLITANO, California
THADDEUS G. McCOTTER, Michigan       ADAM B. SCHIFF, California
KATHERINE HARRIS, Florida            DIANE E. WATSON, California
JOE WILSON, South Carolina           ADAM SMITH, Washington
JOHN BOOZMAN, Arkansas               BETTY McCOLLUM, Minnesota
J. GRESHAM BARRETT, South Carolina   BEN CHANDLER, Kentucky
CONNIE MACK, Florida                 DENNIS A. CARDOZA, California
JEFF FORTENBERRY, Nebraska
MICHAEL McCAUL, Texas
TED POE, Texas
         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.........................................................    ix

Letter of Transmittal............................................    xi

Preface..........................................................  xiii

Overview and Acknowledgments.....................................    xv

Introduction.....................................................   xix

                                Volume I

Africa
    Angola.......................................................     1

    Benin........................................................    15

    Botswana.....................................................    24

    Burkina Faso.................................................    33

    Burundi......................................................    43

    Cameroon.....................................................    59

    Cape Verde...................................................    79

    Central African Republic.....................................    84

    Chad.........................................................    97

    Comoros......................................................   112

    Congo, Democratic Republic of the............................   117

    Congo, Republic of...........................................   143

    Cote d'Ivoire................................................   151

    Djibouti.....................................................   180

    Equatorial Guinea............................................   188

    Eritrea......................................................   199

    Ethiopia.....................................................   209

    Gabon........................................................   231

    Gambia, The..................................................   239

    Ghana........................................................   249

    Guinea.......................................................   266

    Guinea-Bissau................................................   278

    Kenya........................................................   284

    Lesotho......................................................   304

    Liberia......................................................   310

    Madagascar...................................................   321

    Malawi.......................................................   329

    Mali.........................................................   340

    Mauritania...................................................   349

    Mauritius....................................................   360

    Mozambique...................................................   366

    Namibia......................................................   380

    Niger........................................................   389

    Nigeria......................................................   398

    Rwanda.......................................................   420

    Sao Tome and Principe........................................   438

    Senegal......................................................   441

    Seychelles...................................................   451

    Sierra Leone.................................................   457

    Somalia......................................................   468

    South Africa.................................................   478

    Sudan........................................................   495

    Swaziland....................................................   513

    Tanzania.....................................................   522

    Togo.........................................................   547

    Uganda.......................................................   559

    Zambia.......................................................   577

    Zimbabwe.....................................................   592

East Asia and the Pacific
    Australia....................................................   615

    Brunei.......................................................   628

    Burma........................................................   636

    Cambodia.....................................................   664

    China (includes Hong Kong and Macau).........................   682

    China (Taiwan only)..........................................   755

    East Timor...................................................   769

    Fiji.........................................................   779

    Indonesia....................................................   786

    Japan........................................................   817

    Kiribati.....................................................   828

    Korea, Democratic People's Republic of.......................   832

    Korea, Republic of...........................................   843

    Laos.........................................................   855

    Malaysia.....................................................   869

    Marshall Islands.............................................   891

    Micronesia, Federated States of..............................   895

    Mongolia.....................................................   901

    Nauru........................................................   910

    New Zealand..................................................   914

    Palau........................................................   920

    Papua New Guinea.............................................   925

    Philippines..................................................   932

    Samoa........................................................   949

    Singapore....................................................   955

    Solomon Islands..............................................   972

    Thailand.....................................................   979

    Tonga........................................................  1000

    Tuvalu.......................................................  1004

    Vanuatu......................................................  1008

    Vietnam......................................................  1014

Europe and Eurasia

    Albania......................................................  1037

    Andorra......................................................  1052

    Armenia......................................................  1055

    Austria......................................................  1066

    Azerbaijan...................................................  1076

    Belarus......................................................  1095

    Belgium......................................................  1118

    Bosnia-Herzegovina...........................................  1126

    Bulgaria.....................................................  1146

    Croatia......................................................  1160

    Cyprus.......................................................  1178

    Czech Republic...............................................  1194

    Denmark......................................................  1205

    Estonia......................................................  1212

    Finland......................................................  1218

    France.......................................................  1223

    Georgia......................................................  1234

    Germany......................................................  1252

    Greece.......................................................  1266

    Hungary......................................................  1279

    Iceland......................................................  1293

    Ireland......................................................  1301

    Italy........................................................  1308

    Kazakhstan...................................................  1317

    Kyrgyz Republic..............................................  1339

    Latvia.......................................................  1356

    Liechtenstein................................................  1364

    Lithuania....................................................  1369

    Luxembourg...................................................  1380

    Macedonia....................................................  1385

    Malta........................................................  1402

    Moldova......................................................  1407

    Monaco.......................................................  1421

    Netherlands, The.............................................  1425

    Norway.......................................................  1432

    Poland.......................................................  1436

    Portugal.....................................................  1450

    Romania......................................................  1456

    Russia.......................................................  1478

    San Marino...................................................  1526

    Serbia and Montenegro........................................  1529

    Slovak Republic..............................................  1571

    Slovenia.....................................................  1582

    Spain........................................................  1589

    Sweden.......................................................  1597

    Switzerland..................................................  1604

    Tajikistan...................................................  1616

    Turkey.......................................................  1629

    Turkmenistan.................................................  1656

    Ukraine......................................................  1670

    United Kingdom...............................................  1698

    Uzbekistan...................................................  1709

                               Volume II

Near East and North Africa

    Algeria......................................................  1733

    Bahrain......................................................  1750

    Egypt........................................................  1770

    Iran.........................................................  1793

    Iraq.........................................................  1816

    Israel and the occupied territories..........................  1830

    Jordan.......................................................  1865

    Kuwait.......................................................  1881

    Lebanon......................................................  1901

    Libya........................................................  1919

    Morocco......................................................  1926

    Western Sahara...............................................  1942

    Oman.........................................................  1945

    Qatar........................................................  1953

    Saudi Arabia.................................................  1963

    Syria........................................................  1979

    Tunisia......................................................  1995

    United Arab Emirates.........................................  2013

    Yemen........................................................  2027

South Asia

    Afghanistan..................................................  2043

    Bangladesh...................................................  2055

    Bhutan.......................................................  2071

    India........................................................  2079

    Maldives.....................................................  2112

    Nepal........................................................  2120

    Pakistan.....................................................  2140

    Sri Lanka....................................................  2158

Western Hemisphere

    Antigua and Barbuda..........................................  2173

    Argentina....................................................  2177

    Bahamas......................................................  2187

    Barbados.....................................................  2195

    Belize.......................................................  2200

    Bolivia......................................................  2208

    Brazil.......................................................  2219

    Canada.......................................................  2245

    Chile........................................................  2252

    Colombia.....................................................  2263

    Costa Rica...................................................  2292

    Cuba.........................................................  2302

    Dominica.....................................................  2321

    Dominican Republic...........................................  2325

    Ecuador......................................................  2341

    El Salvador..................................................  2352

    Grenada......................................................  2367

    Guatemala....................................................  2371

    Guyana.......................................................  2393

    Haiti........................................................  2403

    Honduras.....................................................  2419

    Jamaica......................................................  2436

    Mexico.......................................................  2444

    Nicaragua....................................................  2464

    Panama.......................................................  2480

    Paraguay.....................................................  2494

    Peru.........................................................  2505

    St. Kitts and Nevis..........................................  2523

    Saint Lucia..................................................  2528

    Saint Vincent and the Grenadines.............................  2532

    Suriname.....................................................  2537

    Trinidad and Tobago..........................................  2548

    Uruguay......................................................  2552

    Venezuela....................................................  2559

                               Appendixes

A.  Notes on Preparation of the Reports..........................  2579

B.  Reporting on Worker Rights...................................  2583

C.  Selected International Human Rights Conventions..............  2585

D.  Description of Conventions in Appendix C.....................  2593

E.  FY 2004 Selected U.S. Assistance Programs--Actual Obligations  2594

F.  60th Session of the U.N. Human Rights Commission Voting 
  Record.........................................................  2605

G.  60th Session of the U.N. Human Rights Commission Voting Table  2611

H.  United Nations Universal Declaration of Human Rights.........  2615




















                                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.

                                  (ix)

                                     

















                         LETTER OF TRANSMITTAL

                              ----------                              

                                       Department of State,
                                     Washington, DC, March 31, 2005
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 2004, 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.

                                  (xi)









                                     
                                PREFACE

                              ----------                              



                      HUMAN RIGHTS REPORTS

    In his second inaugural address, President Bush renewed 
America's commitment to stand for freedom and human dignity 
throughout the world:

          America's vital interests and our deepest beliefs are 
        now one. From the day of our founding, we have 
        proclaimed that every man and woman on this earth has 
        rights, and dignity, and matchless value, because they 
        bear the image of the maker of heaven and earth. Across 
        the generations we have proclaimed the imperative of 
        self-government, because no one is fit to be a master, 
        and no one deserves to be a slave. Advancing these 
        ideals is the mission that created our nation. It is 
        the honorable achievement of our fathers. Now it is the 
        urgent requirement of our nation's security, and the 
        calling of our time.
          So it is the policy of the United States to seek and 
        support the growth of democratic movements and 
        institutions in every nation and culture, with the 
        ultimate goal of ending tyranny in our world.

    The Country Reports on Human Rights Practices provide a key 
framework that the United States and others around the world 
use in assessing the state of human freedom and in marshalling 
efforts to advance it. The conscientious compiling of these 
reports equips us to more effectively stand against oppression 
and for human dignity and liberty. Our embassies and Washington 
staff work closely with local citizens, human rights and other 
organizations, and community leaders to identify, investigate, 
and verify information. These volumes, available in the 
languages of most of the world's peoples, foster discussion, 
promote advocacy, permit the measurement of progress, and show 
where improvements are needed.
    Over the last 12 months, we have worked closely with the 
international community to enable citizens in countries such as 
Guatemala, Indonesia, Ghana, Ukraine, and Afghanistan to make 
their votes truly count in selecting their governments. This 
fundamental right to effective suffrage opens the door for 
advancing a wide range of other rights, as the records in these 
countries have already begun to show.
    This 28th edition of our Country Reports turns our 
spotlight on 196 countries, ranging from the stoutest defenders 
to the worst violators of human dignity. We take seriously our 
responsibility to report as accurately, as sensitively, and as 
carefully as possible the information in these reports.
    The information contained in this report allows us to 
construct strategies for promoting freedom and individual 
liberty. In the coming month we will report on the specific 
steps we have taken over the past year to support human rights 
and democracy.
    Mindful of the diligent effort and widespread cooperation 
both within and outside the Department that has gone into 
preparing these reports, I am pleased to transmit the 
Department of State's Country Reports on Human Rights Practices 
for 2004 to the U.S. Congress.

                       Condoleezza Rice, Secretary of State






















                     OVERVIEW AND ACKNOWLEDGEMENTS

                              ----------                              


                      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. 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 2004 
Country Reports on Human Rights Practices 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. These rights include freedom from torture or 
other cruel, inhuman or degrading treatment or punishment, from 
prolonged detention without charges, from disappearance or 
clandestine detention, and from other flagrant violations of 
the right to life, liberty and the security of the person.
    Universal human rights 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: Nadia Tongour; Deputy Editor-in-Chief: LeRoy 
G. Potts; Senior Advisors: Elizabeth Dugan, and Gretchen 
Birkle; Senior Editors: Cortney Dell, Dan Dolan, Stephen 
Eisenbraun, Leonel Miranda, Jennifer M. Pekkinen and Stan 
Ifshin; Editors: Joseph S. Barghout, Jonathan Bemis, Ryan J. 
Casteel, Sharon C. Cooke, Stuart Crampton, Frank B. Crump, 
Mollie Davis, Sajit Gandhi, Joan Garner, Solange Garvey, Jerome 
L. Hoganson, Victor Huser, Kari Johnstone, David T. Jones, 
Sandra J. Murphy, Daniel L. Nadel, Donald E. Parker, Gary V. 
Price, Elizabeth Ramborger, Peter Sawchyn, and Julie Turner; 
Assistant Editors: Lori Rothamel, Janet Mayland, Editorial 
Assistants: Gene Bigler, Kent Brokenshire, Sally I. Buikema, 
Lynda Walker-Johnson and Carol G. Finerty; Technical Support: 
Linda C. Hayes, Mancharee Junk, Alonzo Simmons, and Tanika N. 
Willis.
 INTRODUCTION TO THE COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2004

    On September 17, 2002, President Bush presented a new 
National Security Strategy for the United States based on the 
principle that promoting political and economic freedom and 
respect for human dignity will build a safer and better world. 
To guide and focus the national effort that had grown out of 
the war on terrorism, the strategy outlined a series of 
fundamental tasks which, among others, required our Government 
to champion aspirations for human rights and build democracy. 
In his second inaugural address on January 20, 2005, President 
Bush elaborated on that principle: ``The survival of liberty in 
our land depends on the success of liberty in other lands. The 
best hope for peace in our world is the expansion of freedom in 
all the world.''
    The United States and its international partners worked 
with many countries during 2004 to expand freedom by helping to 
protect the political rights of their citizens and to advance 
the rule of law in their societies. In a few cases, where 
concerns centered on the rights of the people to choose their 
own governments, dramatic developments focused global attention 
on their struggles and landmark achievements.
    In the past three years since the removal of the Taliban 
regime, the people of Afghanistan have worked to diminish 
terrorism and improve security; to bridge traditional ethnic, 
religious, and tribal divides; to craft a new constitution 
faithful to their values and way of life; to extend fundamental 
rights to women and minorities; and to open their society to 
unprecedented political competition and freedom of expression. 
The international community responded to this undertaking by 
helping to register voters across a geographically scattered, 
largely illiterate population; by educating cadres of Afghan 
election workers and political participants in the conduct of 
elections and campaigns and by joining with Afghan forces to 
provide security during pre-election preparations and during 
the actual voting. In the presidential election, which took 
place in October, 18 candidates vied for the votes of the 10 
million registered Afghans, more than 40 percent of whom were 
women. Despite threats and attacks before the vote and serious 
technical challenges, more than 8 million Afghans--including 
more than 3.2 million women--cast ballots to choose their 
leader in a truly democratic election for the first time, with 
a majority selecting President Hamid Karzai.
    In Ukraine, the presidential election campaign was marred 
by government pressure on opposition candidates and by 
widespread violations and fraud during the voting. The Kuchma 
government engaged in fraud and manipulation during the 
presidential election in both the first and second round of 
voting on October 31 and November 21. The Government censored 
media outlets and journalists to influence news coverage, which 
sparked the so-called ``journalist rebellion'' among reporters 
who refused to follow government directives. Eventually, 
popular demonstrations against the official results of the 
flawed November 21 vote gradually swelled into an ``Orange 
Revolution,'' the campaign color associated with opposition 
leader Viktor Yushchenko, who was widely believed to have won 
the election.
    Respect for human rights in Ukraine took a decided turn for 
the better when, on December 3, the country's Supreme Court 
invalidated the runoff election as fraudulent, vindicating the 
observations of many domestic and international monitors about 
numerous violations of electoral procedures, harassment of 
opposition candidates, heavily biased coverage in government-
controlled media, and widespread voting and counting fraud. In 
the court-mandated repeat election on December 26, the people 
of Ukraine selected their new President. International 
observers of that vote, won by Yushchenko, noted the 
improvements in media coverage, increase in transparency of the 
voting process, decrease in government pressure to support a 
particular candidate, and fewer disruptions at the polls. The 
new President expressed a strong commitment to democracy, the 
rule of law, and observance of human rights.
    In Iraq, people faced a series of difficult tasks as they 
prepared to choose their own leader through democratic 
elections, while the severity and ubiquity of terrorist attacks 
expanded the dimensions of the challenges. First, the Iraqi 
Governing Council achieved consensus on a framework for the 
transition of sovereignty back to Iraqi authorities under the 
aegis of the rule of law and clearly defined procedures by 
which Iraq's citizens would be able to choose their own 
authorities and construct their own constitutional order. In 
March, the approval of the Transitional Administrative Law 
(TAL) achieved these objectives and paved the way for the 
second step, the transition of sovereignty from the Coalition 
Provisional Authority to the Iraqi Interim Government (IIG) on 
June 28.
    Working with the assistance of the United Nations and other 
international advisors, the IIG established the Independent 
Electoral Commission of Iraq, an independent election authority 
that established procedures for registration of and voting by 
Iraqis and expatriates in 14 other countries. On August 15-18, 
the National Conference convened and elected a 100-member 
Interim National Council. Elections for the Transitional 
National Assembly, the country's legislative authority and the 
first step in the formation of an Iraqi Transitional 
Government, were scheduled to take place on January 30, 2005. 
According to the TAL, the transitional government will draft a 
permanent constitution that is to be ratified by August 2005, 
and new elections are to be held for a permanent government 
under that Constitution by December 2005.
    We believe events like these elections will increase the 
prospects for peace, provide a solid grounding for self-
government in these countries and help create momentum for the 
improvement of human rights practices for all people 
participating in them. Yet progress along this path will not be 
easy or rapid, at least at first, as the 196 detailed reports 
in this volume amply demonstrate. In a number of cases, these 
reports will show that human rights practices may actually have 
eroded despite the successful completion of internationally 
accepted elections, as has occurred in some respects with the 
judiciary and the media since the voting that took place last 
year in Venezuela.
    It was in part the recognition of the complexity and 
difficulty of the task of promoting human rights that led 
Congress in 1977 to institutionalize the Department of State's 
process of compiling these annual Country Reports on Human 
Rights Practices. By providing this compendium of witness to 
the global human rights experience, we hope that the record of 
this work in progress will help illuminate both future tasks 
and the potential for greater cooperation in advancing the 
aspirations of the Universal Declaration of Human Rights.

         The Year in Review: Democracy, Human Rights and Labor

    Behind the detail of 196 country reports contained in the 
pages that follow, the developments and experiences in certain 
countries stand out due not only to the intensity of the human 
rights problems but also to our involvement with the victims 
and their governments during 2004.
    The Government of Sudan's human rights record remained 
extremely poor as it continued to restrict freedom of speech, 
press, assembly, association, religion and movement. It 
arrested and harassed those who exercised these rights.
    At year's end, there were more than 1.5 million Internally 
Displaced Person (IDPs) in the Sudanese Province of Darfur, and 
another 200,000 civilians had fled to Chad, where the U.N. High 
Commissioner for Refugees (UNHCR) coordinated a massive refugee 
relief effort. Approximately 70,000 people reportedly died as a 
result of the violence and forced displacement.
    Despite the Government's repeated commitments to refrain 
from further violence in Darfur, the atrocities continued. 
Government and government-supported militias known as the 
Jinjaweed routinely attacked civilian villages. Typically, the 
Jinjaweed, often in concert with regular government forces, 
conducted attacks under cover of military aerial support. In 
September, after carefully reviewing a detailed study conducted 
by independent experts covering the experience of more than 
1,100 refugees, Secretary of State Colin Powell concluded that 
genocide had been committed against the people of Darfur, 
saying that ``Genocide has been committed in Darfur and that 
the Government of Sudan and Jinjaweed bear responsibility and 
that genocide may still be occurring.''
    Government forces in that region routinely killed, injured, 
and displaced civilians, and destroyed clinics and dwellings 
intentionally during offensive operations. There were confirmed 
reports that government-supported militia also intentionally 
attacked civilians, looted their possessions, and destroyed 
their villages.
    At the same time, year-end developments in negotiations 
related to the North-South conflict provided hope for peace and 
improvement of human rights practices in other areas of Sudan. 
By year's end, the State Department saw significant movement on 
the preliminary accords between the Government and the Sudan 
People's Liberation Movement Army after 21 years of low 
intensity conflict.
    In response to the Democratic People's Republic of Korea's 
(North Korea) continued brutal and repressive treatment of its 
people, the United States Congress enacted the North Korea 
Human Rights Act of 2004. The Act seeks to address the serious 
human rights situation in North Korea and to promote durable 
solutions for North Korean refugees, transparency in provision 
of humanitarian assistance, a free flow of information, and a 
peaceful reunification on the Korean peninsula.
    In Belarus, police abuse and occasional torture of 
prisoners and detainees continued. The security forces 
arbitrarily arrested and detained citizens for political 
reasons; in addition, individuals were sued and sentenced to 
jail terms for such political crimes as ``defamation'' of state 
officials, often interpreted to include criticism of their 
policies. The Government of Belarus persisted in discounting 
credible reports regarding the role of government officials in 
the long-term disappearances of a journalist and well-known 
opposition political figures and failed to conduct full, 
transparent investigations into these disappearances. Instead, 
the Government appointed Viktor Sheiman, linked to 
disappearances by credible evidence in a Council of Europe 
report, as Head of the Presidential Administration, thus 
perpetuating a climate of abuse with impunity.
    In Burma, the Junta ruled by decree and was not bound by 
any constitutional provisions providing any fundamental rights. 
Security forces carried out extrajudicial killings. In 
addition, disappearances continued, and security forces raped, 
tortured, beat, and otherwise abused prisoners and detainees. 
Arbitrary arrests and incommunicado detention were frequent. 
Security forces also regularly infringed on citizens' privacy, 
forcibly relocated populations, and conscripted child soldiers.
    The Government of Iran was responsible for numerous 
killings during the year, including executions following trials 
that lacked due process. There were numerous reports that 
security forces tortured prisoners and detainees. Additionally, 
there were arbitrary arrests, extended incommunicado detention, 
poor and overcrowded prisons, lack of access to counsel, 
punishment by the lash, and violation of personal privacy.
    China's cooperation and progress on human rights during 
2004 was disappointing. China failed to fulfill many of the 
commitments it made at the 2002 U.S.-China Human Rights 
Dialogue. However, at the end of the year, working level 
discussions on human rights, which had been suspended when the 
U.S. supported a resolution on China's human rights practices 
at the U.N. Commission on Human Rights (UNCHR), were resumed. 
During 2004, the government continued to arrest and detain 
activists, such as individuals discussing freely on the 
Internet, defense lawyers advocating on behalf of dissidents 
and the dispossessed, activists arguing for HIV/AIDs issues, 
journalists reporting on SARS, intellectuals expressing 
political views, persons attending house churches, and workers 
protesting for their rights. Abuses continued in Chinese 
prisons. The Government continued its crackdown against the 
Falun Gong spiritual movement, and tens of thousands of 
practitioners remained incarcerated in prisons, extrajudicial 
reeducation-through-labor camps, and psychiatric facilities. 
The National People's Congress amended the Constitution to 
include protection of human rights, yet it is unclear to what 
extent the Government plans to implement this amendment.
    In Saudi Arabia, there were positive developments in a few 
areas, including a government-sponsored conference on women's 
rights and obligations and the formation of the first formal 
human rights organization permitted in the Kingdom. In October, 
the Government issued an executive by-law entitling some long-
term residents to apply for citizenship, and by year's end, 
voter and candidate registration, albeit only for men, was well 
advanced for municipal elections scheduled for February 2005.
    The record of human rights abuses and violations for Saudi 
Arabia, however, still far exceeds the advances. There were 
credible reports of torture and abuse of prisoners by security 
forces, arbitrary arrests, and incommunicado detentions. The 
religious police continued to intimidate, abuse, and detain 
citizens and foreigners. Most trials were closed, and 
defendants usually appeared before judges without legal 
counsel. Security forces arrested and detained reformers. The 
Government continued to restrict freedoms of speech and press, 
assembly, association and movement, and there were reports that 
the Government infringed on individuals' privacy rights. 
Violence and discrimination against women, violence against 
children, discrimination against ethnic and religious 
minorities, and strict limitations on worker rights continued.
    In contrast to developments in a number of countries that 
increased direct citizen control over government authorities, 
in Russia changes in parliamentary election laws and a shift to 
the appointment, instead of election, of regional governors 
further strengthened the power of the executive branch. Greater 
restrictions on the media, a compliant Duma (Parliament), 
shortcomings in recent national elections, law enforcement 
corruption, and political pressure on the judiciary also raised 
concerns about the erosion of government accountability. 
Racially motivated violence and discrimination increased, 
despite considerable legislative prohibitions. Authorities 
failed to investigate actions against minorities while 
subjecting them to more frequent document checks, targeting 
them for deportation from urban centers, and fining them in 
excess of permissible penalties or detaining them more 
frequently. Government institutions intended to protect human 
rights were relatively weak.
    The Government of Zimbabwe has conducted a concerted 
campaign of violence, repression, and intimidation. This 
campaign has been marked by disregard for human rights, the 
rule of law, and the welfare of Zimbabwe's citizens. Torture by 
various methods is used against political opponents and human 
rights advocates. War veterans, youth brigades, and police 
officers act with sustained brutality against political 
enemies. The Mugabe regime has also targeted other institutions 
of government, including the judiciary and police. Judges have 
been harassed into submission or resignation, replaced by 
Mugabe's cronies. The news media have been restricted and 
suppressed, with offending journalists arrested and beaten. 
Land seizures continue to be used as a tool for political and 
social oppression, and opponents of these destructive policies 
are subject to violent reprisals.
    Respect for human rights remained poor in Venezuela during 
2004, despite the Government victory in an August referendum to 
recall President Chavez. Opponents charged that the process was 
fraudulent, but Organization of American States (OAS) and 
Carter Center observers found that the official results 
``reflected the will of the electorate.'' Throughout the year, 
the Government increased its control over the judicial system 
and its interference in the administration of justice. 
Nongovernmental organizations (NGOs) were subject to threats 
and intimidation by government supporters. In December, the 
legislature passed laws that erode freedom of the media, 
freedom of speech, and which in effect make criticism of the 
government a criminal offense. The U.S. Government sanctioned 
the Venezuelan Government for continuing to fall short in 
efforts to combat trafficking in persons.
    Fidel Castro added another year to his record as the 
longest serving dictator in the world. The Government retained 
its stance of rejection of all democratic processes and 
continued its harassment and intimidation of pro-democracy 
activists, dissidents, journalists and other professionals and 
workers seeking to undertake economic activities not controlled 
by the state. The majority of the 75 dissidents sentenced to 
long jail terms in 2003 remained incarcerated despite 
international protests, and the authorities arrested 22 
additional human rights activists and sentenced them for acts 
such as ``contempt for authority.'' Addressing abuses in Cuba 
continued to be a priority for the United States as a member of 
the UNCHR.
    During its 2004 session, the UNCHR formally adopted a U.S.-
sponsored resolution on Cuba, as well as resolutions on 
Turkmenistan, North Korea and Belarus for the second year in a 
row. A resolution on Burma was approved by consensus. With such 
member countries as Zimbabwe, Cuba, Sudan, and China, which 
fail to protect their own citizens' rights, the 2004 session of 
the UNCHR fell short in several respects. The Commission failed 
to adopt resolutions on the human rights situations in China, 
Zimbabwe and Chechnya. The United States continued to emphasize 
the need to improve the functioning of the Commission, 
especially by supporting the inclusion of more countries with 
positive human rights records.
    The United States believes that democratically elected 
governments are more likely to respect their citizens' human 
rights. For this reason, the United States collaborated with 
other participating countries of the Community of Democracies 
(CD), a network of democratic countries working together to 
promote, solidify, and advance democracy throughout the world. 
In 2004, the U.S. joined other CD countries to help launch the 
formation of a democracy caucus, a group of like-minded 
countries that coordinates more closely in the UNCHR and other 
UN settings to advance goals consistent with democratic values. 
At the UNCHR, the United States--jointly with Peru, Romania and 
East Timor--introduced and succeeded in having adopted a 
resolution to enhance the UN's role in promoting democracy. 
Among the resolution's recommendations is a call for the 
establishment of a mechanism--a ``Focal Point''--within the 
Office of the High Commissioner for Human Rights, dedicated to 
helping new and emerging democracies access UN resources 
available to support them.
    In addition to its support for the creation of the UN 
democracy caucus, the CD sought to support the development of 
democratic institutions and values through projects linking 
democratic countries. It sent a multinational delegation of 
democracy practitioners to East Timor to share best practices 
with Timorese officials. Likewise, a group of Iraqi, election-
related officials traveled from Iraq to Lithuania to observe 
and learn about election processes. Unifying democratic voices 
against violations of basic human rights--rights that have been 
codified in the Universal Declaration of Human Rights and that 
were reaffirmed in the CD's Warsaw Declaration and Seoul Plan 
of Action--is an essential way to maintain pressure on 
governments that deny and violate the rights of their own 
citizens.

                         INSTITUTIONAL CHANGES

    In Qatar, the process of constitutional change continued 
with the Emir's approval of the draft of a new constitution 
that voters overwhelmingly had approved in 2003. Although the 
Emir's family will maintain hereditary rule, the new 
constitution expected to be enacted in June 2005, contains a 
number of human rights provisions.
    In Pakistan, President Musharraf continued as Chief of the 
Army Staff, despite his promise to step down by year's end.
    In Africa, the Central African Republic (CAR) enacted a new 
constitution and took a number of other steps to further an 
announced transition to democracy under President Bozize, who 
seized power in a March 2003 coup. In Guinea-Bissau, following 
a military coup in September 2003, the military installed a 
civilian government. In both cases, the stabilization of post-
coup situations has been accompanied by a decline in the number 
of reported violations of human rights.
    Turkey's desire to meet the EU Copenhagen Criteria to begin 
the accession process moved the Government to pass an important 
package of reforms, including a new, relatively more liberal 
penal code and a set of constitutional amendments to combat 
honor killings and torture; expand the freedom of religion, 
expression, and association; and reduce the role of the 
military in government. However, implementation of these 
reforms lagged. Security forces continued to commit numerous 
abuses, including torture, beatings, and arbitrary arrest and 
detention, although observers noted a decrease in such 
practices and the European Committee for the Prevention of 
Torture reported that local authorities were making efforts to 
comply with the Government's "zero tolerance" policy on 
torture. Honor killings continued. The Government relaxed some 
restrictions on the use of Kurdish and other languages, but 
restrictions on free speech and the press remained.
    The year witnessed increasing efforts by some governments 
to fight corruption. Costa Rica was the most ambitious in 
actually investigating former high-level officials, as it 
launched separate investigations for misuse of funds, 
kickbacks, and illegal contracts by three former presidents. In 
Africa, anti-corruption campaigns focused on pecuniary as well 
as human rights abuses by officials. Gambian President Jammeh's 
campaign centered on curbing official corruption to restore 
international credibility, and the work of the Commission of 
Inquiry led to the dismissal of a number of top officials and 
some prosecutions for economic crimes. Kenya created an anti-
corruption czar, and the Government opened a number of 
investigations into allegations of extrajudicial killings. In 
Zambia, a Police Complaints Authority instituted in 2003 to 
combat police misconduct continued investigations into 
complaints.

                            POLITICAL RIGHTS

    Regrettably, with the exception of Georgia and Ukraine, 
political developments in Eurasia remain a serious concern. 
Progress continues to be measured largely in terms of civil 
society development. More and more NGOs, opposition parties, 
and citizens are willing to organize and advocate for 
government accountability. In Turkmenistan and Uzbekistan, 
opposition parties are unable to register. At the same time, 
governments of the regions are drawing the wrong lessons from 
Ukraine and Georgia and attempt to stifle civil society by 
harassing democracy NGOs through bureaucratic obstacles and 
specious legal means.
    In Georgia, the progress that international observers noted 
in last January's presidential election set the stage for ``the 
most democratic elections in Georgia's history'' in 
parliamentary voting in March. Other governments in the region 
have made some limited progress in improving electoral 
processes by drafting new election codes. New election laws 
introduced in Kazakhstan, Kyrgyzstan and Tajikistan are an 
improvement in some areas, but in all three countries, the laws 
continue to fall short of international standards. Likewise, 
elections in 2004 in Kazakhstan and Kyrgyzstan marked limited 
improvements over previous ones, but domestic and international 
observers raised questions about voting irregularities, abuse 
or harassment of opposition candidates, or limitations on equal 
access to the media.
    In Belarus, the Government continued to deny citizens the 
right to change their government through a democratic political 
process. A seriously flawed referendum on October 17 removed 
constitutional term limits on the presidency. In advance of the 
referendum and the equally flawed parliamentary elections held 
simultaneously, the Government suspended independent newspapers 
and disqualified many parliamentary candidates. The Government 
used excessive force and in some cases beat and arrested 
political leaders who peacefully protested electoral fraud and 
the journalists covering the protests. During the year, the 
Government also shut down a number of major registered NGOs 
that focused on political rights, and state security 
authorities increasingly harassed those that remained.
    In October, Bosnia and Herzegovina held its first self-
administered municipal elections since the signing of the 
Dayton Peace Accords. The elections were judged to meet 
international democratic standards.
    A notably high voter turnout in a series of three elections 
in Indonesia paved the way for the transition in political 
power there from a defeated incumbent to an elected opposition 
leader. The process also marked the defeat of military and 
police candidates who stood for seats in Parliament. In 
noteworthy elections in Africa, the incumbent political parties 
of Ghana and Mozambique gained re-election in processes that 
were judged generally free and fair. Sierra Leone held its 
first local government elections in 32 years, although there 
were irregularities in some areas.
    In Burundi, concern focused on the delay in holding 
elections and the progress of the country's transition to 
democracy. The Transitional Government failed to hold the local 
and national elections that are stipulated by the Arusha Peace 
and Reconciliation Agreement, and at the end of the year it 
also delayed indefinitely a referendum on a draft constitution. 
The Maoist insurgency and the deadlock among Nepal's political 
parties also prevented the holding of elections there during 
the year and helped deepen the country's political crisis.
    In Rwanda, greatly circumscribed political rights were 
further limited when leading human rights organizations were 
either shut down or effectively dismantled. The action was 
justified as part of a campaign against ``divisionism,'' 
according to a government report that accused human rights 
groups, journalists, teachers, and churches of promoting an 
``ideology of genocide.''
    The Iranian Government's respect for the freedom and 
political participation of its citizens continued to 
deteriorate. Elections that were widely perceived as neither 
free nor fair were held for the 290-seat Majlis (Parliament) in 
February. The conservative, cleric-dominated Guardian Council 
excluded virtually all reformist candidates, including 85 
incumbent members of parliament. Reasons cited included not 
showing "demonstrated obedience" to the current system of 
government. As a result of the seriously-flawed elections, 
reformers were reduced to a small minority of the parliament. 
Meanwhile, the conservative backlash against reformist trends 
and parties continues.

                      INTERNAL AND OTHER CONFLICTS

    The Truth and Reconciliation Commission of Sierra Leone 
completed public hearings in which approximately 10,000 
citizens participated to air grievances as victims or provide 
confessions from the civil war. The Commission suggested legal, 
political and administrative reforms to the Government. The 
Government also released numerous children who had fought as 
child soldiers. By year's end, the UN Mission to Sierra Leone 
(UNAMSIL) had handed over responsibility countrywide to the 
Sierra Leone Armed Forces and the Sierra Leone Police, as 
UNAMSIL began preparations to withdraw by June 2005 as 
stipulated by its Security Council mandate.
    After being elected in a runoff at the end of 2003, 
Guatemalan President Oscar Berger ``re-launched'' the 1996 
Peace Accords as a national agenda and symbolically apologized 
to citizens on behalf of the State for human rights violations 
committed during that country's protracted civil war. The 
Government also reduced the size of the military, eliminated 
some major commands and units and reduced the military budget. 
In August, the military made public a new doctrine, which 
includes provisions on the importance of protecting human 
rights.
    As a result of negotiations throughout the year, the 
Government of Colombia demobilized approximately 3,000 fighters 
from the paramilitary United Self-Defense Forces of Colombia 
(AUC) in November and December. In addition, hundreds of 
municipal officials returned to their towns after the 
government established a permanent police presence in every 
urban center in the country. As a result, rates for homicides, 
kidnappings, and other violent crimes decreased.
    In Haiti, domestic conflict continued throughout the year. 
The political impasse, combined with increasing violence 
between pro- and anti-Aristide factions, culminated on February 
29, when President Aristide submitted his resignation and left 
the country. Despite the presence of UN peacekeeping forces, 
the constitutionally-established Interim Government remained 
weak. In September, pro-Aristide partisans in Port-au-Prince 
launched a campaign of destabilization and violence known as 
"Operation Baghdad." This campaign included kidnapping, 
decapitation and burning of police officers and civilians, 
indiscriminate shootings, and the destruction and incineration 
of public and private property. The violence prevented the 
normal functioning of schools, public markets, the seaport, and 
the justice system in Port-au-Prince for several weeks.
    A series of conflicts continued to trouble South Asia. In 
Jammu and Kashmir and the northeastern states of India, 
violence continued, and security forces committed abuses with 
impunity, killing civilians and not just armed combatants. In 
Sri Lanka, both the Government and the terrorist organization, 
Liberation Tigers of Tamil Eelam, violated the ceasefire. In 
Nepal, the disappearance of persons in custody remained a very 
serious problem, and government security forces continued to 
have broad authority to arrest and detain individuals suspected 
of sympathizing with the Maoist insurgents. Security forces 
also used arbitrary and unlawful lethal force. As the Maoist 
insurgency continued, rebel militants tortured civilians, while 
government agents forcibly conscripted children as soldiers and 
conducted bombings that killed civilians.
    The Great Lakes region of central Africa, which encompasses 
the Democratic Republic of the Congo (DRC), Rwanda, Burundi and 
Uganda, has been plagued by civil war, large-scale interethnic 
violence, and massive human rights abuses associated with them 
for well over a decade due to the continuing presence of armed 
groups and militia that move between the countries. These 
groups compete with one another for strategic and natural 
resources and inhabit an environment of shifting alliances. 
Among the most worrisome groups in the eastern Congo are those 
who took sanctuary in the region after the 1994 Rwandan 
genocide. This same group continues to oppose the Government of 
Rwanda and launch cross-border campaigns, as well as attack 
civilians in the DRC and commit numerous other abuses. There 
are also armed groups in the region who oppose the governments 
and peace process in Uganda and Burundi.
    While prospects for peace in the Great Lakes region are 
promising, human rights abuses are almost routine. Children are 
the primary victims and are forcefully recruited, abducted, and 
turned into soldiers, although some of the governments have 
made progress in demobilizing child soldiers in their ranks. 
Some militia groups are predominantly comprised of children. 
Women and girls are particularly vulnerable, as rape 
increasingly is used as a weapon of war. The region is a home 
to approximately five million of the world's 25 million 
internally displaced persons and hosts a number of refugees. 
The United States is actively pursuing talks between the DRC, 
Uganda and Rwanda. We continue to monitor the situation in all 
the countries in the region by focusing attention on the threat 
posed by armed groups.
    In Cote d'Ivoire, an attack on the rebel positions and an 
air strike on French peacekeeping troops in November broke the 
tenuous 18-month ceasefire between the Government and rebels. 
Despite the embargo and threat of sanctions, the Government has 
threatened to pursue a military solution to the conflict. 
President Bush determined that Cote d'Ivoire, once one of the 
United States' largest trading partners in the region through 
the Africa Growth and Opportunity Act (AGOA), was ineligible 
for AGOA this year due to concerns about the security situation 
and the general decline in the rule of law that make it a 
hostile place for foreign investment.
    In Russia, the September attack on a school in Beslan in 
North Osettia and the ongoing disappearances of civilians 
detained by security forces underscored the extent to which 
both sides in the expanding conflict in the North Caucasus 
continue to demonstrate little respect for basic human rights. 
There were credible reports of serious violations, including 
politically motivated disappearances and unlawful killings, by 
both the government and Chechen rebels. Individuals seeking 
accountability for these abuses also continued to be targeted, 
and Chechen rebels continued to attack Russian civilians, 
including a bombing of a Moscow subway.

                        INTEGRITY OF THE PERSON

    After years of controversy, the Chilean Supreme Court 
upheld an appeals court decision to lift the judicial immunity 
of former President Augusto Pinochet. On December 13, a 
prosecuting judge indicted Pinochet for crimes committed as 
part of ``Operation Condor'' during the 1970s. In Central 
African Republic as the process of transition to civilian rule 
continued, the government disbanded the Security Investigation 
Division, a military intelligence unit that was accused of 
committing numerous human rights abuses, including torture, 
rape and extortion, during 2003. In December 2003, President 
Bozize reconvened the permanent military tribunal after an 
eight-year suspension. The tribunal considered cases on a 
variety of alleged human rights abuses including extrajudicial 
killings, rape and armed robbery.
    North Korea remains one of the world's most repressive and 
brutal regimes. An estimated 150,000-200,000 persons are 
believed to be political prisoners in detention camps in remote 
areas, and defectors report that many prisoners have died from 
torture, starvation, disease, exposure, or a combination of 
causes. The regime also subjects citizens to rigid controls 
over many aspects of their lives.
    In Egypt, the 1981 Emergency Law, extended in February 2003 
for an additional three years, restricted many basic rights. 
The security forces continued to mistreat and torture 
prisoners, which resulted in at least ten reported deaths in 
custody at police stations or prisons during the year. 
Arbitrary arrest and detention and prolonged pretrial detention 
remained serious problems. Dismal prison conditions persisted.
    Widespread use of torture by the Government of Syria 
resulted in at least eight deaths during the year. Arbitrary 
arrest and detention, prolonged pre-trial detention without 
trial, fundamentally unfair trials in the security courts, and 
deteriorating prison conditions all persisted. Throughout the 
year, the security services conducted mass arrests of Kurds in 
Hassakeh province, Aleppo, Damascus, and other areas. On March 
12, security forces in Qamishli, in the northeastern Hassakeh 
province, opened fire on a crowd at a soccer match after 
clashes between Arab and Kurdish fans erupted. In the days of 
rioting that followed, dozens were killed, as many as 2,000 
Kurds were detained, and nearly 300 Kurds remained in custody 
and were awaiting trial before the State Security Court and 
Military Court at year's end. The Government also continued to 
withhold information on the welfare and whereabouts of persons 
who have been held incommunicado for years.
    In Uzbekistan, torture was routine in prisons, pretrial 
facilities, and local police and security service precincts, 
and members of the security forces responsible for documented 
abuses were rarely punished. However, the government took some 
notable steps to address torture and establish police 
accountability. It created preliminary procedures within some 
divisions of the Ministry of Internal Affairs for investigating 
and disciplining officers for human rights abuses and allowed 
NGO access to its prisons and to train prison guards in human 
rights practices. The Government also cooperated with 
international forensic experts to take part in investigations 
of deaths in custody in which torture had been alleged.

                          FREEDOM OF THE PRESS

    A conservative backlash to democratic demands in Iran 
extended into a number of areas beyond explicit questions of 
political rights. For example, the investigation into the 2003 
death of a Canadian/Iranian photographer who suffered a brain 
hemorrhage after sustaining injuries while in an Iranian prison 
stagnated during 2004. The Government also gradually suppressed 
all independent domestic media outlets and arrested or 
intimidated their journalists into silence. In 2004 the last 
forum for free debate, weblogs, came under pressure when the 
government began arresting their creators and forcing them to 
sign false confessions. The increase in government pressure and 
control of media in Russia continued to weaken freedom of 
expression and independence of the media there, as a trend of 
increasing control and harassment of the press was noted in a 
number of Eurasian countries, especially Belarus and some 
countries in Central Asia. The Russian approach centered on use 
of controlling ownership of broadcast media to limit access to 
information on sensitive issues, such as Chechnya. Government 
pressure also increased self-censorship of journalists.
    In Togo, after the Government undertook formal political 
consultations with the European Union, it adopted a new press 
code with mixed results. It eliminated prison sentences for 
most journalistic offenses, but maintained them for inciting 
certain actions, such as ethnic hatred or violation of the law, 
as well as for publishing under a false name. The law also sets 
standards of professionalism for journalists and requires 
independent newspapers to ensure that at least one third of 
their staff meet the Government's standards.
    While Algeria experienced its first contested democratic 
election in 2004, leading to the reelection of President 
Bouteflika, the Government acted to increase restrictions on 
the media. The use of defamation laws and government harassment 
of the press significantly increased, leading to the 
imprisonment of several journalists for terms from two to 24 
months, closure or suspension of two newspapers, and more self-
censorship by the press.
    In Venezuela, international organizations and domestic 
journalists charged the government with encouraging a climate 
of hostility toward the media. Administrative acts, combined 
with a new law passed in December, created a climate of 
hostility toward the independent media with increasing threats 
of prosecution.

                          FREEDOM OF RELIGION

    These issues are discussed in depth in the Annual Report on 
International Religious Freedom, released in September 2004, 
while these Country Reports further highlight and update 
important developments.
    The International Religious Freedom Act requires that those 
countries that engage in particularly severe violations of 
religious freedom be designated as Countries of Particular 
Concern (CPC). In September 2004, the Secretary of State re-
designated Burma, China, Iran, North Korea, and Sudan as CPCs, 
and designated for the first time Eritrea, Saudi Arabia, and 
Vietnam.
    With the cessation of government-sponsored violations of 
religious freedom under Saddam Hussein, the Secretary acted to 
remove Iraq's CPC designation in June 2004. Since the 
liberation of Iraq by coalition forces, there have been no 
governmental impediments to religious freedom, and the Iraqi 
Transitional Administrative Law provides for ``freedom of 
thought, conscience, and religious belief and practice.''
    The Government of Saudi Arabia's actions in the area of 
religious freedom were disappointing. Throughout 2004, senior 
U.S. officials engaged Saudi authorities in an intense 
discussion of religious practices, and in September, the 
Secretary of State designated Saudi Arabia as a "Country of 
Particular Concern" under the International Religious Freedom 
Act for particularly severe violations of religious freedom. 
The Government rigidly mandates religious conformity. Non-
Wahabi Sunni Muslims, as well as Shia and Sufi Muslims, face 
discrimination and sometimes severe restrictions on the 
practice of their faith. A number of leaders from these 
traditions have been arrested and imprisoned. The government 
prohibits public non-Muslim religious activities. Non-Muslim 
worshippers risk arrest, imprisonment, torture, or deportation 
for engaging in religious activities that attract official 
attention. There were frequent instances in which mosque 
preachers, whose salaries are paid by the government, used 
violent language against non-Sunni Muslims and other religions 
in their sermons.
    Vietnam continued to restrict freedom of religion and the 
operation of religious organizations other than those approved 
by the State. The Government failed to issue a nationwide 
decree banning forced renunciations of faith, did not end the 
physical abuse of religious believers, continued to hold a 
significant number of religious prisoners, and although it 
permitted the re-opening of some churches closed in the Central 
Highlands in 2001, it refused to allow the re-opening and 
registration of hundreds of others. However, following CPC 
designation, some improvements in religious freedom were 
evident. Some religious leaders expressed cautious optimism 
about a new Ordinance on Religion that the Government released 
in November, and in December, the Evangelical Church of Vietnam 
North (ECVN) held its first National Congress in 20 years and 
named a new, independent leadership board. Among the gains in 
freedom of religion covered by the Country Reports, the 
Jehovah's Witnesses in Armenia succeeded in October to register 
with the government after they had experienced a string of 
rejected applications. In Bosnia and Herzegovina, a new state-
level law on religious freedom passed both houses of the 
legislature. The law provides comprehensive rights to religious 
communities and confers a legal status upon them they had not 
held previously. And in Georgia, there were fewer reports of 
violence against minority religious groups this year.

              TREATMENT OF MINORITIES, WOMEN AND CHILDREN

    On December 30, the Department of State completed its 
Report on Global Anti-Semitism, July 1, 2003-December 15, 2004. 
Drawing extensively on material from our embassies, NGOs and 
accounts submitted for these Country Reports, this separate 
compendium was prepared in accordance with a separate 
legislative provision.
    In the Czech and Slovak Republics, discrimination against 
Roma persisted, although both governments made efforts to 
improve the situation through such measures as revising legal 
norms and recruiting Roma to serve as community liaisons with 
the police forces or as health assistants.
    In Croatia, the restitution of property to mostly Serb 
refugees has improved significantly, although local obstruction 
to the return of minority groups remained a problem. In Kosovo, 
acts of violence against the minority Kosovo Serb population 
and other non-Serb minorities took place during a series of 
riots over two days in March, demonstrating the continued 
tenuousness of minority rights there.
    In Thailand, the government's human rights record was 
marred by abuses committed by security forces against Muslim 
dissidents in the southern part of the country. On April 28, 
elements of the police and military killed more than 100 
persons while repelling attacks by Muslim separatists in Yala, 
Pattani, and Narathiwat provinces. On October 25, 78 Muslim 
detainees being transported to an army camp died from 
asphyxiation after police and military forces stacked them into 
overcrowded truck beds.
    In Afghanistan and Iraq, women made unprecedented strides 
in exercising political rights by voting, holding public office 
and standing for election as candidates. In education and other 
areas as well, women made increasing strides in achieving basic 
rights. In Pakistan, special women's police stations with all 
female staff have been established in response to complaints of 
custodial abuse of women. Additionally, while honor killings 
continued in Pakistan, new legislation stiffened penalties for 
honor killings and criminal proceedings for the blasphemy laws 
and Hudood ordinances were changed to reduce abuses.
    In a number of countries, one of the most significant 
problems related to the abuse of women and children is the 
failure of the state to combat vigorously against conditions 
that engender the trafficking of women and children.
    In Burma, women and girls from villages were trafficked for 
prostitution at truck stops, fishing villages, border towns, 
and mining and military camps. Burmese men, women and children 
are also trafficked to other countries. Government economic 
mismanagement and forced labor policies worsen the situation.
    In the United Arab Emirates (UAE), women and girls are used 
as prostitutes and domestic servants, and young boys are 
exploited as camel jockeys. A recent documentary on camel 
jockeys notes the very young age at which abuse often begins, 
the harsh conditions that may lead to serious injuries or 
death, and the malnutrition, and physical and sexual abuse by 
employers. The Government has pledged and taken some measures 
of limited effectiveness against these practices.
    State promotion of tourism drives the predatory interests 
that promote sex tourism and sexual exploitation of underage 
girls for prostitution in Cuba.
    The booming oil sector in Equatorial Guinea contributes to 
making the country both a transit point and destination for 
trafficking of women for prostitution.
    The estimate of the number of Indians trafficked into 
forced labor and the sex trade runs into the millions, in 
addition to thousands of Nepalis and Bangladeshis trafficked to 
India for sexual servitude. Trafficking in persons in India is 
a significant problem, and some government officials 
participated in and facilitated the practice. While India 
continues to lack a national law enforcement response to its 
trafficking in persons problem, some progress has been noted in 
individual states and the central government recently expressed 
a commitment to establishing and implementing a national anti-
trafficking policy.
    Violence and discrimination towards vulnerable groups 
continued to be a problem in Tanzania. In August, the semi-
autonomous island of Zanzibar outlawed homosexuality and set 
severe penalties for it in its autonomous island territory. On 
mainland Tanzania, 4 million women and girls have undergone 
female genital mutilation (FGM), and despite a law partially 
outlawing the practice, police rarely enforced the law and the 
average age of the practice appeared to have decreased in an 
effort to avoid detection.

                             WORKER RIGHTS

    In Iraq, the exercise of labor rights remained limited, 
largely due to violence, unemployment, and maladapted labor 
organizational structures and laws, although, with 
international assistance, some progress was underway at year's 
end. According to the Brussels-based International 
Confederation of Free Trade Unions (ICFTU), workers reported 
organizing unions in workplaces where they were forbidden under 
the laws of the former regime and revitalized union structures 
previously dominated by the Ba'ath party. The International 
Labor Organization (ILO) provided technical assistance to Iraq 
throughout the year to help bring its labor laws into line with 
international labor standards, rebuild the capacity of the 
Ministry of Labor and Social Affairs, establish emergency 
employment services, and put in place training and skills 
development programs.
    In April, a Commission of Inquiry appointed under Article 
26 of the ILO Constitution visited Belarus to investigate a 
complaint that the Government was systematically violating its 
obligations under the ILO's fundamental Conventions on freedom 
of association and protection of the right to organize and 
bargain collectively, both of which it has ratified. The 
Commission's report, issued in October, concluded that the 
country's trade union movement was subject to significant 
government interference. The Commission recommended that the 
government take all necessary steps to register independent 
unions, amend laws and decrees restricting freedom of 
association, protect independent trade unionists from anti-
union discrimination, and disseminate the Commission's 
conclusions and recommendations. It stated that most of these 
recommendations should be implemented by June 2005 at the 
latest.
    Under the leadership of President Bush the United States 
has stepped forward with its democratic allies to reaffirm our 
commitment to human rights and democracy. We rest upon the 
principle that nations governed by free people will be the 
cornerstone for the development of a world that is more 
peaceful for all. The execution of our democratic duty depends 
on the determination and passion of its promoters. Let the 
following Country Reports serve as an indicator of the progress 
made and as a guide for the challenges ahead.
                       NEAR EAST AND NORTH AFRICA

                              ----------                              


                                ALGERIA

    Algeria is a multi-party republic based on a constitution and a 
presidential form of government. The head of state is elected by 
popular vote to a 5-year term. The President has the constitutional 
authority to appoint and dismiss cabinet members, as well as the prime 
minister, who acts as the head of the Government. The president also 
serves as Commander in Chief of the Armed Forces. President Bouteflika, 
elected in 1999 in an uncontested election, completed a full term in 
office, the first president to do so since the adoption of the multi-
party system in 1989. In Algeria's first democratic, contested 
presidential elections, he was re-elected in April from among five 
other candidates while the military remained neutral.
    The 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 counterterrorism operations. The Ministry of 
National Defense and the Ministry of the Interior oversee the 
maintenance of order within the country. The military has traditionally 
influenced government decisions beyond defense and foreign policy and 
is widely believed to have orchestrated the outcome of the 1999 
presidential elections. More recently, however, with increased civic 
peace and the president's re-election, there has been a trend toward 
more civilian control, a reduced role for the military in day-to-day 
decision-making, and an increased military focus on modernization and 
professionalism. During the April elections, the Armed Forces Chief of 
Staff ordered all members of the military to maintain strict political 
neutrality, and a law was passed ending military/security force voting 
in their barracks, a practice that was thought to have been a source of 
voting irregularities in previous elections. Although the Constitution 
provides for an independent judiciary, it continued to be restricted by 
executive influence and internal inefficiencies. While the Government 
generally maintained effective control of the security forces, there 
were some instances in which security force elements acted 
independently of government authority. Some security force members 
committed serious human rights abuses.
    Algeria is emerging from over a decade of terrorism and civil 
strife in the 1990s, in which between 100,000 and 150,000 persons were 
estimated to have been killed. It is making a slow, uneven, and 
incomplete transition from a military-dominated state with a state-
administered economy toward democracy and an open market economy. The 
country has a population of approximately 33 million. The hydrocarbon 
sector was the backbone of the economy, accounting for 55 to 60 percent 
of budget revenues, 35 percent of Gross Domestic Product, and over 95 
percent of export earnings. Government statistics put the economic 
growth rate at 6.8 percent. Unemployment has been estimated at 20 to 30 
percent; for citizens between the ages of 20 and 30, unemployment is 
even higher.
    The Government's human rights record remained poor overall and 
worsened in the area of press freedoms; however, there were significant 
improvements in some areas. There continued to be problems with 
excessive use of force by the security forces as well as failure to 
account for past disappearances. New allegations of incidents and 
severity of torture continued. Citing the country's ongoing struggle 
against armed terrorist groups, civilian and military police 
arbitrarily detained and arrested persons and incommunicado detention 
continued. The Government routinely denied defendants fair and 
expeditious trials. Despite judicial reforms, prolonged pretrial 
detention and lengthy trial delays were problems. Denial of defendants' 
rights to due process, illegal searches, and infringements on privacy 
right also remained problems. The Government did not always punish 
abuses, and official impunity remained a problem. The Government 
continued to restrict freedoms of speech, press, assembly, association, 
and movement during the year. The use of defamation laws and government 
harassment of the press significantly increased, leading to the 
imprisonment of several journalists for terms ranging from 2 to 24 
months, the closure or suspension of two newspapers, and more self-
censorship by the press. The Government also continued 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. Despite the Government's recognition of Tamazight as a 
national language, restrictions on Amazigh (Berber) ethnic, cultural, 
and linguistic rights continued to provoke occasional demonstrations. 
Child labor was a problem in some sectors. The Government continued to 
restrict workers' rights by not officially recognizing some unions.
    Despite these problems, the Government took several notable steps 
to improve human rights. There was a significant reduction in reported 
abuses by the security forces. Government actions reduced the number of 
terrorism-related civilian deaths and strengthened the basic human 
right to life and security. The Government oversaw generally free fair 
elections, according to international observers, including a 
representative from the Organization for Security and Co-operation in 
Europe (OSCE). The government-appointed Ad Hoc Mechanism on the 
Disappeared recommended and the Government agreed to accept 
responsibility for unauthorized actions by security forces and pay 
indemnities to families of the disappeared. The Government also 
negotiated in good faith with the Berber group ``Arouch'' as part of 
its National Reconciliation plan. In October, the Government passed new 
Penal Code legislation criminalizing both torture and sexual harassment 
for the first time.
    Terrorist groups committed numerous, serious abuses. Terrorists 
continued their campaign of insurgency, targeting government officials, 
families of security force members, and civilians. The death of 
civilians often was the result of rivalries between terrorist groups or 
to facilitate the theft of goods needed to support their operations. 
Terrorists used violence to extort money, food, and medical supplies. 
Terrorists also used vehicle-borne explosive devices to attack 
infrastructure targets and also used ambushes to attack military 
convoys. The violence occurred primarily in the countryside, as the 
security forces largely forced terrorists out of the cities. Successful 
operations by security forces helped to eliminate terrorist cells and 
leaders, weakened terrorist groups, and resulted in significantly lower 
casualty levels for 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.--Citing the 
Government's continued struggle against terrorism, security forces 
killed terrorists in armed confrontations. There were no politically 
motivated killings by the Government or its agents; however, communal 
guards killed one unarmed person allegedly without warning. The 
Government stated that, as a matter of policy, disciplinary action is 
taken against soldiers or policemen who are guilty of violating human 
rights. In December, Ali Tounsi, head of security forces in the 
Ministry of the Interior, announced that 300-400 police officers are 
dismissed every year due to stricter disciplinary standards and better 
recruitment. The Government did not routinely release specific 
information regarding punishments of military and security force 
personnel.
    According to credible reports in May, adolescents Chouaib Argabi 
and Ali Remili stole food, hid it in a palm grove, and attempted to 
retrieve it in the night. In an area where armed militants are known to 
be active, Communal Guards (GLD) noticed their movements and allegedly 
fired without warning, killing Argabi, an ethnic Berber, and sparking 
demonstrations the next day (see Section 1.c.). No investigation was 
conducted into the incident, but the commander of the GLD denied his 
guards fired summarily.
    The gendarme responsible for the death of a Kabylie youth that 
sparked the 2001 Black Spring was tried in 2002 by a military tribunal 
and sentenced in 2003 to 2 years in prison for involuntary homicide. He 
was released during the year (see Section 1.d).
    No disciplinary action was taken in the March 2002 case where 
hundreds of persons died in riots between gendarmes and protesters and 
the April 2002 case in which numerous persons were injured and killed 
during street battles between Kabylie protesters and riot police.
    During the year, security forces killed numerous suspected 
terrorists. In September, Interior Minister Zerhouni stated publicly 
that 450 terrorists had been killed, arrested, or had surrendered 
during the first 8 months of the year. According to press reports, an 
estimated 219 terrorists were killed and 444 arrested during the year.
    Terrorists targeted both civilians and security forces. According 
to press reports, there were 93 civilian deaths at the hands of 
terrorists, compared to 198 in 2003. Terrorists were also responsible 
for the deaths of 117 members of the security forces, compared to 223 
last year.
    According to the Government, the total number of terrorist, 
civilian, and security force deaths during the year was approximately 
429, compared to 1,162 in 2003.
    Terrorist groups mainly targeted infrastructure and security 
forces. These groups also committed acts of extortion by carrying out 
violent reprisals against those who failed to pay a ``tax.'' Other 
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 
disputes over private land ownership. The violence appears to have 
occurred primarily in the countryside, as the security forces largely 
forced the terrorists out of the cities.

    b. Disappearance.--During the year, there were no reports of 
politically motivated disappearances. There have been credible reports 
of thousands of disappearances occurring over a period of several years 
in the mid-1990s, many of which involved the security forces. The last 
known disappearance, according to local and international NGOs, 
occurred in 2002.
    The total number of disappeared continued to be debated. 
Officially, the Government estimated that approximately 7,200 persons 
were missing or disappeared as a result of government actions and 
approximately 10,000 additional persons missing or disappeared as a 
result of terrorist kidnappings and murders. Local NGOs reported 
security forces played a role in the disappearances of approximately 
8,000 persons. Amnesty International (AI), in its 2003 report, stated 
that 4,000 men and women disappeared from 1993-2000 after being 
arrested by members of the security forces or state-armed militias. In 
November, Farouk Ksentini, Director of the Ad Hoc Mechanism on the 
Disappeared, said that 5,200 cases of the disappeared were attributable 
to security force abuses. Human rights attorney Ali Yahia Abdenour 
placed the combined number of missing from both security force and 
terrorist actions, based on the testimony of family members, at 18,000, 
which is comparable to the official government estimation.
    In 2003, local NGOs reported a trend of prolonged detentions 
ranging from 8 to 18 months that were frequently characterized as 
disappearances until the prisoners were released to their families. 
Disappearances resulting from prolonged detention or other factors 
remain contrary to the legal procedures stipulated in the country's 
Penal Code and its Constitution.
    Nearly all of the disappearances remained unresolved. Local offices 
of the Ministry of Interior in each district accept cases from resident 
families of those reported missing. Credible sources stated that the 
offices provided little useful information to the families of those who 
disappeared. In September 2003, the Government announced the 
establishment of the Ad Hoc Mechanism on the Disappeared (the 
``Mechanism'') and named Farouk Ksentini as director. Ksentini 
described the Mechanism as an interface between the Government and 
victims' families with the authority to request information from 
governmental agencies in order to research familial claims of 
disappearances. Ksentini has noted that the Mechanism is not an 
investigative body and cannot force the cooperation of other 
governmental agencies or the security forces.
    In February, President Bouteflika publicly declared that the State 
must accept responsibility for the actions of security personnel, even 
though such actions were not authorized by Government policy. On April 
28, the Mechanism provided President Bouteflika with recommendations 
for dealing with disappearances. One recommendation was that, for cases 
verifiable by the Mechanism's files, an indemnity should be paid to the 
families of the disappeared. According to Ksentini, the Mechanism had 
files on 5,000 such cases, although an NGO claimed in September that 
the Mechanism only had 300 files, despite the large numbers of 
disappearances and records maintained by local NGOs. In December, 
during Human Rights Day, President Bouteflika announced that the 
Mechanism would present further recommendations on the disappeared by 
March 2005.
    Local human rights NGO groups severely criticized the Mechanism for 
its ineffectiveness during its 18-month mandate. NGOs were not invited 
to give any input related to the Mechanism's creation nor consulted for 
recommendations. However, the Mechanism has met, on a case-by-case 
basis, with individual NGOs that requested a meeting. NGOs also claimed 
the Mechanism could not provide any guarantee of its independence and 
impartiality. After some reflection, local NGOs generally welcomed 
indemnities in some form. However, local NGOs and family members of the 
disappeared continued to demand that the Government make greater 
efforts to locate the remains of the missing, investigate 
disappearances, determine responsibility, and to hold perpetrators 
accountable.
    There were no reported prosecutions of security force personnel 
stemming from these cases. According to some local NGOs, the Government 
has refused to investigate cases for fear of raising criminal charges 
against security forces or other government officials. One group also 
claimed that the Government feared investigations leading to the 
prosecution of terrorists who received an amnesty under the Civil 
Concord would embarrass President Bouteflika, who has been a driving 
force behind the Concord and the policy of national reconciliation. In 
its 2003 report, Human Rights Watch (HRW) noted that the Mechanism's 
mandate fell short of holding perpetrators accountable and bringing 
them to justice. For courts to hear charges of disappearance, the law 
requires at least two eyewitnesses. Courts have therefore refused to 
consider several cases where a family member, as a single eyewitness to 
an abduction, had identified specific policemen as the abductors.
    The Government asserted that the majority of reported 
disappearances either were committed by terrorists disguised as 
security forces or involved former armed Islamist supporters who went 
underground to avoid terrorist reprisals. However, there is no evidence 
that the Government investigated any of the 5,200 cases that it 
admitted were caused by security forces. Ksentini reiterated throughout 
the year previous statements that if security forces had played a role 
in the disappearances, it was due to the actions of individuals 
operating outside the scope of their superior's orders and not on the 
orders of any specific government institution. While acknowledging 
government responsibility for protecting its citizens, Ksentini said 
the Mechanism would forward evidence of responsibility to the judiciary 
for prosecution, but had not done so because there was not enough 
evidence in any case.
    In October 2003, Salah-Eddine Sidhoum, physician and human rights 
activist, was acquitted of subversion and jeopardizing the State. Dr. 
Sidhoum had been convicted in absentia in 1997.
    The Government also placed restrictions on the international NGO 
Freedom House's efforts to investigate the issue of the 
``disappeared.'' The Government required Freedom House to submit its 
proposed activities in advance for governmental approval. Government 
officials said technical assistance was welcomed, but no political 
activities would be allowed. As a result, some proposed activities were 
denied. The Government also denied visas to Freedom House associates, 
causing some events to be cancelled.
    In November 2003, a suspected mass gravesite was discovered in 
Relizane and the personal effects of El Hadj Abed Saidane, who 
disappeared in 1996, were identified. The family of Saidane accused 
Mohamed Fergane, the former mayor of the local town and the head of a 
self-defense militia at the time of Saidane's disappearance. Fergane 
had previously been accused of being responsible for 212 forced 
disappearances between 1994 and 1997 by families of the disappeared. 
The Relizane prosecutor's office agreed to conduct an investigation 
into this case, but failed to do so after the remains were removed by 
unknown persons. Government authorities did not pursue an investigation 
into who was responsible for the removal of the remains.
    In February 2003, the Salafist Group for Call and Combat (Groupe 
Salafiste pour la Predication et le Combat, or GSPC) kidnapped 38 
foreign tourists in the southwestern part of the country but released 
them 6 months later after crossing into Mali. One of the hostages died 
from exposure.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Both the Constitution and legislation prohibit such 
practices; however, according to local human rights groups, defense 
lawyers, and media reports, security forces continued to use torture 
when interrogating persons.
    Although torture had been denounced in the Penal Code, new 
legislation enacted in September criminalizes torture, and government 
agents may face prison sentences for up to 3 years for committing such 
acts. However, during the year, there were no reports of police or 
security forces receiving punishment for torturing suspects. Impunity 
remained a problem (see Section 1.d.).
    Though human rights lawyers have stated that the incidence and 
severity of torture is on the decline--in part due to better training 
of the security forces and alternative intelligence gathering 
techniques--they maintained that torture still occurred in military 
prisons, more frequently against those arrested on ``security 
grounds.'' Last year, the independent press reported that the 
``chiffon'' method--placing a rag drenched in dirty water in someone's 
mouth--was the preferred method of torture because it left no physical 
traces of assault. In 2003, AI reported an increased number of accounts 
detailing the usage of the wet rag method.
    In May, 24 adolescents were arrested in T'kout following 
demonstrations protesting the death of Chouaib Argabi (see Section 
1.a.). Six of the adolescents alleged to their lawyer that they were 
tortured and sexually abused by the gendarmerie during their detention. 
Their attorney, Salah Hanoun, reported to the press that he saw the 
physical proof of mistreatment and took photographs. During their 
trial, defense lawyers raised the issue of torture, but the judge 
refused any discussion of the matter.
    In March 2003, according to AI, a 42-year-old restaurant manager 
from Bouira was tortured for 10 days at the military security center in 
the Ben Aknoun quarter of Algiers. He stated he was tied down and 
forced to swallow large quantities of dirty water, beaten, subjected to 
electric shocks, and forced to sign a statement ``admitting'' links to 
armed groups. He was remanded in pre-trial detention. The Government 
did not investigate his alleged torture.
    No action was taken in the 2002 cases in which security forces 
allegedly tortured a shopkeeper in Surcouf or in which security forces 
tortured four members of the political party Rally for Democratic 
Culture (RCD) and their families.
    Prison conditions generally met international standards, and the 
U.N. Development Program (UNDP) noted improved conditions in civilian 
and low security prisons as a result of prison reform efforts 
undertaken by the Ministry of Justice. The UNDP also worked with the 
Government to improve educational programs in prisons.
    However, overcrowding, insufficient medical treatment, and the 
Government's continued refusal to allow international observers access 
to military and high security prisons remained problems. In October 
2003, the media reported there was 1 doctor for every 300 prisoners. 
While the Government permitted visits by independent human rights 
observers to regular, non-military prisons, it did not permit visits to 
its military or high security prisons. In October, the International 
Committee of the Red Cross (ICRC) visited civilian prisons and pre-
trial detention centers, but it was still barred from the country's 
military and high security prisons
    Hunger strikes were held in several prisons throughout the country 
in protest over the length of detentions before trial.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, in practice the security 
forces continued arbitrarily to arrest and detain citizens, although 
reportedly less frequently than in previous years.
    The national police or General Directorate for National Security 
(DGSN) falls under the control of the Ministry of the Interior. The 
Gendarmerie, under the Ministry of Defense, also performs police-like 
functions throughout the country. Police are generally effective at 
maintaining order throughout the country. Low levels of corruption do 
exist, especially in the customs police, but appear to be limited to 
individuals and not sanctioned by the state.
    Impunity remained a problem, and the Government did not publicize 
the numbers, infractions or punishments of police officials. According 
to human rights attorneys, police officials, and local NGOs, most 
abuses of police authority occurred as a result of officers not 
following established guidelines for arrests.
    The Ministries of Justice and Interior told AI in April 2003 that 
at least 23 gendarmes had been prosecuted and sentenced in military 
tribunals for ``abusive use of firearms.'' However, the National 
Consultative Commission for the Promotion and Protection of Human 
Rights (Commission Nationale Consultative de Promotion et de Protection 
des Droits de l'Homme, or CNCPPDH) told the AI delegation that only one 
gendarme had been sentenced. The Government has not provided an 
explanation for this discrepancy.
    The police are required to obtain a summons from the prosecutor's 
office in order to bring a person in to a police station for 
questioning.
    Police may make arrests without a summons if they witness the 
offense taking place. Arrest warrants are only issued when a suspect is 
a flight risk. The Constitution requires that a suspect may be held in 
incommunicado pretrial detention for no longer than 48 hours before the 
prosecutor must determine if enough evidence exists to continue to hold 
or release them. If more time is required for gathering additional 
evidence, the police may request the prosecutor to extend the suspect's 
detention from 48 to 72 hours. In practice, the security forces 
generally adhered to the 48-hour limit in non-terrorism cases.
    Persons accused of acts against the security of the state, 
including terrorism, may be held in pre-trial detention no longer than 
12 days.
    Prolonged pre-trial detention remained a problem. If the prosecutor 
determines enough evidence exists to pursue a trial and the suspect is 
also a flight risk or has committed a serious felony offence, the 
suspect may be held in investigative detention (``detention 
preventive'') for 4 months with trial extensions not to exceed 16 
months. Ksentini, CNCPPDH President, said that there has been an 
abusive use of investigative detention by prosecutors and that its use 
should remain an exceptional measure according to law.
    While in pretrial detention, detainees must be informed of their 
right to communicate immediately with family members, receive visitors, 
and to be examined by a doctor of their choice at the end of their 
detention. However, there have been frequent reports of these rights 
not being extended to detainees, and, in some cases, local NGOs and 
human rights attorneys noted that the detention period extended beyond 
the legal limit.
    There is no system of bail, but in non-felony cases suspects are 
usually released on ``provisional liberty'' while waiting for their 
trial. Under provisional liberty, suspects are required to report 
weekly to the police station of their district and are forbidden from 
leaving the country.
    Local prosecutors are required to grade the performance of police 
captains operating in their jurisdiction to ensure that they comply 
with the law in their treatment of suspects. Police captains 
subsequently grade their officers. In addition, any suspect can request 
a medical examination once on police premises or before facing the 
judge.
    On August 10, Belaid Abrika, the leader of the autonomy-seeking 
Berber Arouch Citizen's Movement, was arrested by Tizi-Ouzou police 
during a protest at a hospital. The previous day, Abrika and 10 
delegates of the Citizen's Movement had called on the mayor of Tizi-
Ouzou to leave his position, as had been negotiated with the Government 
in January. The Mayor lodged a complaint against Abrika, who was 
arrested the following day. No arrest warrant was produced and no 
notification of the summons had been sent to Abrika, who spent 28 hours 
in jail. He was charged with participation in a riotous assembly and 
breaking the peace. The prosecutor placed Abrika on probation and 
forbade him from organizing or taking part in any type of meeting.
    On November 1, President Bouteflika issued a presidential pardon to 
3,822 prisoners on the occasion of the anniversary of the country's 
revolution. The prisoners released were convicted of petty crimes

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was not independent in 
practice. Executive branch decrees and influence, interference by the 
Ministry of the Interior, and inefficiency within the justice system 
restricted the independence of the judiciary. The Government continued 
to utilize international technical assistance for the reform of its 
judiciary during the year. In March 2003 the legislature passed 
significant reforms to revise the role, power, and structure of the 
judiciary by granting more authority to prosecutors; by providing more 
specialized judicial functionality in creating law enforcement, 
administrative, and commercial courts; by initiating a thorough review 
of the civil and penal codes; and by establishing penitentiary reforms 
focusing on prisoner rights.
    The judiciary is composed of the civil courts, which hear cases 
involving civilians facing charges not related to security or 
terrorism; and the military courts, which hear cases involving 
civilians facing security and terrorism charges. Long-term detentions 
of suspects awaiting trial continued as reported the previous year (see 
Section 1.d.).
    The Constitutional Council 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, to confirm the results of any type of election, and 
to serve as the final arbiter of amendments that pass both chambers of 
the parliament before becoming law. 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.
    The Minister of Justice appoints judges who serve 10-year terms. 
The Minister of Justice may, according to the Constitution, remove 
judges for violations of the law or if they are involved in a situation 
that jeopardizes the reputation of justice.
    According to the Constitution, defendants are presumed innocent 
until proven guilty. Trials are public, and defendants have the right 
to be present and to consult with an attorney, which is provided at 
public expense. Defendants can confront or question witnesses against 
them or present witnesses and evidence on their behalf. Defendants also 
have the right to appeal and the testimonies of minorities and women 
have equal individual weight.
    However, government authorities did not always respect all legal 
provisions regarding defendants' rights, and they continued to deny due 
process. Women were denied equal rights in practice before the law due 
to the court's application of the Family Code, based on Shari'a 
(Islamic law) (see Section 5). Defendants and their attorneys were 
sometimes denied access to government-held evidence relevant to their 
cases. There were no reports of political prisoners.
    In February, Judge Mohamed Ras El Ain was permanently dismissed as 
a judge in a disciplinary hearing held by the Superior Council of 
Judges. Judge El Ain was not afforded due process during the trial. 
Among a number of procedural problems, Ras El Ain was denied access to 
the evidence of his disciplinary file. A request for a continuation to 
review the file was denied. Human rights lawyers and local and 
international press reported that Ras El Ain was brought up on 
disciplinary charges for criticizing the politicization of the 
judiciary and an October 2003 court decision preventing oppositionists 
within the National Liberation Front from holding a party congress.

    f. Arbitrary Interference With Privacy, Family, Home or 
Correspondence.--The Constitution prohibits such actions; however, in 
practice government authorities at times infringed on citizens' privacy 
rights. The Government actively monitored the communications of 
political opponents, journalists, human rights groups, and suspected 
terrorists (see Section 4). Journalists from the independent press 
complained that emails sometimes took several days to deliver.
    Unlike in previous years, there were no reports of violations of 
Ordinance 95-11, passed in 1995 to rescind the use of exceptional 
warrants accorded under the 1992 Emergency Law.
    Armed terrorists entered private homes either to kill or kidnap 
residents or to steal weapons, valuables, or food (see Section 1.a.). 
Armed terrorist groups consistently used threats of violence to extort 
money from businesses and families across the country.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and press; however, in practice, the Government 
markedly increased restrictions on these rights. The Government's use 
of defamation laws to harass and arrest journalists, its closure of two 
papers for debts to the state-owned printing house, and its continued 
grant of an advertising monopoly to the state-owned advertising agency 
intimidated papers into practicing a degree of self-censorship. 
Although the press was able to criticize government shortcomings and to 
highlight pressing social and economic problems, it faced significant 
repercussions from the Government for doing so.
    The 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 heavily applied throughout the year, and in some instances the 
Government targeted specific media organizations and their staff.
    The country's independent media consisted of nearly 43 publications 
that supported or opposed the Government in varying degrees. Few papers 
have a circulation exceeding 15,000; however, the 7 largest papers had 
substantial circulations: El-Khabar (circulation 530,000), Quotidien 
d'Oran (circulation 195,000), Liberte (circulation 120,000), El-Watan 
(circulation 70,000), L'Expression (circulation 29,000), Djazair News 
(circulation 20,000) and Chorouk El-Youmi (circulation 9,000). Two 
French-speaking papers, El-Moudjahid and Horizons, and two Arab 
speaking papers, El-Chaab and El-Massa, are owned by the state. There 
were no newspapers owned by political parties, although several 
newspapers reflected a clear and often critical political perspective. 
Many parties, including legal Islamic political parties, had access to 
the independent press, in which they expressed their views without 
government interference. The three largest papers in circulation are 
owned and managed by employees. Opposition parties also disseminated 
information via the Internet and in communiques.
    Radio and television are government-owned, with coverage favoring 
President Bouteflika and the Government's policies. Presidential 
candidates received equal amounts of time on the state-owned radio and 
television channels during the 3-week official campaign season prior to 
the April elections. However, both before the official campaign and in 
the period following the elections, opposition candidates were 
generally denied access to the public radio or television.
    Satellite dish antennas are widespread, and millions of citizens 
had access to European and Middle Eastern broadcasting. While in the 
past the Government hindered the publication of some books related to 
Tamazight and Amazigh culture, during the year the Government began to 
print schoolbooks in Tamazight, through the introduction of a Tamazight 
curriculum in Tamazight-speaking provinces. Government-owned radio 
broadcast Tamazight language programming almost 24 hours a day and 
government-owned television broadcast a nightly news bulletin in this 
language.
    Restrictions were also placed on the international media, limiting 
its ability to report freely. In June, the Ministry of Communication 
closed the office of the Al-Jazeera television station for an 
unspecified period. The Government said the closure was related to 
``work it had to do on regulating foreign media offices'' even though 
Al-Jazeera had been in the country since the 1990s. The Government's 
decision to close the station was made a week after an Al-Jazeera 
broadcast that criticized high-ranking officers who worked in the 
French army during the war for independence; criticized the president's 
national reconciliation policy; and aired the results of a poll that 
indicated 72 percent of viewers felt there had been no improvement in 
the country's economic, social, and political situation. During a June 
press conference, Prime Minister Ahmed Ouyahia called Al-Jazeera ``a 
channel whose sole aim was to tarnish Algeria's image.'' Reporters 
Without Borders (Reporters sans Frontieres, or RSF) condemned the 
decision and called for a lifting of the ban. Although the station is 
still available to viewers, the Government continued to deny 
accreditation to its, journalists, and the office remained closed at 
year's end.
    In February, the Ministry of Communication and Culture prevented 
the distribution of an issue of the French magazine Jeune Afrique 
l'Intelligent. The issue contained the article ``Who the Generals Vote 
For,'' which speculated on the private involvement of generals in 
supporting presidential candidates. RSF issued a communique condemning 
the censorship. Additionally, the March edition of Le Monde 
Diplomatique, with the articles ``Algeria: From Terror to 
Normalization'' and ``The Cogs of A Secret War,'' was prevented from 
reaching newsstands. The Government did not offer any explanation for 
the ban.
    Two foreign journalists were denied re-accreditation. In February, 
Christian Lecompte of the Swiss journal Le Temps Suisse was denied re-
accreditation after publication of his critical article ``Bouteflika 
Dictator.'' Ahmed Megaache of Dubai-based Al-Arabiya television was 
also denied re-accreditation after having covered several stories on 
press harassment, a 2003 teachers' strike, Ali Benflis' presidential 
campaign, and discontent in the Kabylie.
    In March, for the first time since the 1992 State of Emergency, the 
Government granted increased freedom of movement to foreign journalists 
covering an election by permitting them to decline a ``security 
detail.'' Journalists were able to move without a police escort on 
condition that they sign a liability waiver with the Government.
    There was a marked increase in the level of harassment, arrest, and 
intimidation towards journalists following President Bouteflika's 
presidential victory. Human rights observers and media watch groups 
viewed this year's increased press harassment as politically motivated, 
targeting journalists that were critical of President Bouteflika and 
the Minister of the Interior, Norredine Zerhouni.
    The law permits the Government to levy fines and jail time against 
the press in a manner that restricts press freedom. The most common 
form of harassment was through the use of defamation laws. The Penal 
Code imposes 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.'' Those convicted face prison 
sentences that range from 3 to 24 months and fines of 50,000 to 500,000 
dinars ($704 to $7,042). During the year, at least 10 prosecutions 
occurred under the Penal Code. Djamel Benchenouf, Farid Allilat, and 
Ali Dilem from Liberte; Mohamed Benchicou and Sid Ahmed Semiane from Le 
Matin; Hafnaoui Ghoul of Djazair News; and Ali Boughanem, Mohamed 
Bouhamidi, and Kamel Amarni from le Soir d'Algerie were all charged for 
libel or slander under the Penal Code.
    Four journalists were imprisoned for the first time, unlike in 
previous years when only fines were imposed. The most prominent case 
was against Mohamed Benchicou, the managing editor of the opposition 
paper Le Matin and author of a book critical of the president, 
``Bouteflika--An Algerian Imposter.'' In February, plainclothes 
policemen instructed several bookstores not to display Benchicou's book 
or attempt to sell it; otherwise their copies would be seized. 
According to the independent press, Minister of the Interior Zerhouni 
ordered the police to conduct an investigation to determine the 
publisher of the book and to take all measures to prevent the book from 
being marketed. Police searched vehicles and the headquarters of Le 
Matin for copies of the book. Others were detained for questioning by 
plainclothes policemen in Algiers: Saida Azzouz, a journalist for Le 
Matin; Ali Dilem, the cartoonist for Liberte; and Hamou L'hadj Azouaou, 
a chauffeur for Le Matin. While no official reason was given for their 
detention, the police questioned them about the book and seized their 
copies.
    Benchicou was also sentenced to 2 years in prison and fined for 
violating foreign exchange controls. In August 2003, after returning 
from abroad, Benchicou's luggage was searched and 13 cash receipts 
worth 11.7 million dinars ($167,142) were discovered. The point of law 
in question was debatable since the money remained in a local bank, not 
with Benchicou. His 2-year sentence was upheld on appeal, and his fine 
was tripled. Benchicou was also charged with six counts of defamation, 
five of which were still pending at year's end, and the sixth resulting 
in a fine of 50,000 dinars ($684).
    In May, Hafnaoui Ben Ameur Ghoul, a journalist for el-Youm and a 
member of the Algerian League for the Defense of Human Rights (LADDH), 
was arrested and sentenced two days later to 6 months in prison and 
fined 50,000 dinars ($704). In June, he was sentenced in another 
defamation case to 2 months in prison and 10,000 dinars ($140). Ghoul's 
defamation cases were related to articles alleging that the governor of 
Djelfa and others in his administration mismanaged funds and were 
involved in a public health crisis. Ghoul's appeals resulted in an even 
harsher punishment of 3 months in prison and a fine of 100,000 dinars 
($1,400) in the first case; and 3 months in prison, 10,000 dinars in 
fines, and 100,000 dinars in damages in the second case. There were 
approximately 30 other charges of defamation still pending against him. 
Ghoul was also given an additional 2-month sentence in August for 
passing a letter to his daughter via another journalist during a court 
hearing rather than through the prison authorities. Ghoul conducted a 
hunger strike in August that postponed the appeal of this latter case. 
On October 3, Ghoul was sentenced to an additional 3 months in prison. 
He was released on November 24 after serving 6 months out of a 
combination of sentences amounting to 11 months.
    Ahmed Benaoum, Ahmed Oukili, and Ali Djerri were also given jail 
sentences. Additionally, Kamel Gaci and several other journalists and 
editors were charged with defamation and given fines and/or probation 
throughout the year. Kamel Gaci was also charged with ``failing to 
report a fugitive'' after his meeting with a former police officer who 
had escaped from prison and wanted to speak to him.
    In February, the imam of a mosque in Constantine verbally attacked 
the independent press, in particular the newspaper Liberte, during the 
Friday sermon broadcast on state-owned television and radio. Similar 
pleas were heard during sermons in Batna, Khenchela, Guelma, and 
Algiers. The Government controls the mosques and directs the content of 
sermons. Minister of Religious Affairs Bouabdellah Ghoulamallah told 
Reuters news agency that the Government did counsel the imams about the 
content of their sermons, but only with respect to religious concepts. 
Prime Minister Ouyahia called the sermon ``a regrettable event.''
    In December, an imam from an Algiers mosque accused journalists 
from the independent press, particularly the journal El-Watan, of being 
``missionaries of the Christian church in Algeria'' and exhorted his 
followers to boycott the independent press. He also said, ``the 
journalists deserved to be stoned to death.''
    All newspapers are printed at government-owned presses, and the 
Government continued to exercise pressure on the independent press 
through the state-owned advertising company, Agence Nationale d'Edition 
et de Publicite (ANEP), which decided which independent newspapers 
could benefit from advertisements placed by state-owned companies. 
Unlike in previous years, government agencies had to channel all their 
advertising through ANEP, which in turn decided in which papers to 
purchase ad space for the various agencies. This move gave ANEP, and 
therefore the Government, centralized control over the largest source 
of potential income for Algerian newspapers, putting ad placement in 
the hands of ANEP instead of individual agencies.
    According to a 1994 inter-ministerial decree, independent 
newspapers may print security information only from official government 
bulletins carried by the government-controlled Algerian Press Service 
(APS). However, independent newspapers openly ignored the directive. 
Since 2002, the Government has been more open and factual regarding 
security information. This trend continued this year.
    Most independent newspapers continued to rely on the Government's 
four publishers for printing presses and newsprint. In July, SIMPRAL, 
the Algiers-based government publisher, stopped printing Le Matin for 
its failure to pay a debt of 38 million dinars ($535,200). The paper 
was out of business by September.
    The Government imposed restrictions on the international media's 
coverage of issues relating to ``national security and terrorism.'' In 
July 2003, the Government deported four journalists for their coverage 
``outside of their hotel rooms'' of released political prisoners Ali 
Belhadj and Abassi Madani. The Government threatened similar action 
against others who violated the guidelines of the Ministry of 
Communication communique forbidding media coverage of the prisoners' 
release (see Section 1.d.).
    Unlike in previous years, the independent press reported openly 
about allegations of torture, government corruption, and human rights 
abuses. There also was significant coverage of NGO activity aimed at 
publicizing government abuses committed in the past.
    The Government generally did not restrict academic freedom. A 
growing number of academic seminars and colloquiums occurred without 
governmental interference. However, there were extensive delays in 
issuing visas to international participants and instances of refusal to 
allow international experts into the country (see Section 4).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly; however, the Emergency Law and 
government practice sharply curtailed this right. Citizens and 
organizations were required to obtain permits from their 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 often granted 
only a few days before events were to take place, thus impeding event 
publicity and outreach.
    A decree issued in 2000 continued to ban demonstrations in Algiers. 
In January, 200 citizens including members of parliament and former 
ministers were clubbed by riot police when they tried to march from the 
Parliament to downtown in protest of a court decision invalidating the 
National Liberation Front (FLN)'s Eighth Party Congress (see Section 
3). As a result, several persons were injured or hospitalized.
    Despite official restrictions, the Government tolerated numerous 
marches, protests, and demonstrations during the year in other parts of 
the country. In May, the citizens of Beni Mered in the province of 
Blida staged a sit-in in front of the municipality headquarters to 
protest a housing list giving some people preferential treatment.
    In May and June, riots took place in the district of Les Genets in 
the Berber province of Tizi-Ouzou. Rioters protesting the arrest of a 
Berber youth placed barricades and set fire. The police were present, 
but did not intervene to avoid provoking a response. The protesters 
were detained for 8-10 hours and then released.
    In July 2003 in Oran, members of an NGO working on disappearances, 
SOS Disparus, were forcibly dispersed during a protest seeking 
government redress of the question of the disappeared. Sixty persons 
were arrested, and police injured numerous individuals, including many 
women over the age of 40.
    Every Tuesday morning throughout the year, families of the 
disappeared staged a sit-in before the Government's human rights 
ombudsman, the National Consultative Commission for the Promotion and 
Protection of Human Rights (Commission Nationale Consultative de 
Promotion et de Protection des Droits de l'Homme, or CNCPPDH). The 
police did not intervene to break up the demonstrators, the majority of 
whom were older women. Approximately 200 family members of disappeared 
persons also attempted to hold a march on October 5, but were prevented 
from doing so by riot police.
    The Constitution provides for the right of association; however, 
the Emergency Law and government practice severely restricted this 
right. The Interior Ministry must approve all political parties before 
they may be established (see Section 3). The Government restricted the 
registration of certain NGOs, associations, and political parties on 
``security grounds,'' but refused to provide evidence or legal grounds 
for its refusal to authorize other organizations that could not be 
disqualified under articles pertaining to national security. The 
Government frequently failed to grant official national recognition to 
NGOs, associations, and political parties in an expeditious fashion. 
SOS Disparus, as well as the Democratic Front of Sid-Ahmed Ghezali and 
the Wafa party of Ahmed Taleb Ibrahimi are still not officially 
recognized.
    The Government issued licenses to domestic associations, especially 
medical and neighborhood associations. The Interior Ministry reported 
that many inefficient associations, especially cultural ones, died out 
due to poor management, poor finances, and lack of interest. Youth, 
medical, literacy, and neighborhood associations continued to benefit 
from government support and the interest of members. The Interior 
Ministry regarded those organizations unable to attain government 
licenses as illegal. Domestic NGOs were prohibited from receiving 
funding from abroad, although this restriction was unevenly enforced.
    The Southern Movement for Justice (SMJ) was organized in March with 
the objective of creating political awareness for politicians to 
address the South's high rates of poverty, illiteracy, and 
unemployment. In October, the Government arrested several SMJ members 
for organizing meetings of a non-recognized association following two 
peaceful protests.
    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 ion 3). Membership 
in the FIS, although a defunct organization, remained illegal.
    In September 2003, police forces in Algiers arrested and physically 
assaulted Arouch delegate Belaid Abrika during the breakup of a public 
rally before the Court of Algiers held to protest government actions 
against the independent press (see Sections 2.a. and 2.b.). Abrika was 
taken into custody and after refusing to state his name, beaten so 
severely that upon his release, doctors at Mustapha Hospital ordered 
him to undergo 21 days of bed rest. At the same rally, police detained 
a noted human rights attorney. Credible sources report that three 
police officers had to be restrained from attacking the individual once 
witnessing officers recognized him.

    c. Freedom of Religion.--The Constitution declares Islam to be the 
state religion and prohibits discrimination based on various individual 
liberties; however, the Constitution does not specifically prohibit 
religious discrimination. In practice, the Government generally 
respected religious freedom; however, there were some restrictions. The 
law prohibits public assembly for purposes of practicing a faith other 
than Islam, prohibits proselytizing, and controls the importation of 
religious materials. However, the Government follows a de facto policy 
of tolerance by allowing, in limited instances, the conduct of 
religious services by registered non-Muslim faiths which are open to 
the public.
    The Government requires organized religions to obtain official 
recognition prior to conducting any religious activities. The 
Protestant, Roman Catholic, and Seventh-day Adventist churches are the 
only non-Islamic faiths authorized to operate in the country. Members 
of other religions, particularly protestant Evangelicals, are forced to 
operate without government permission or register as a part of the 
Protestant Church. According to the Ministry of Religious Affairs, the 
Ministry of the Interior is responsible for determining the punishment 
against a non-recognized religion.
    Islamic law (Shari'a) does not recognize conversion from Islam to 
any other religion; however, conversion is not illegal under civil law. 
Because of safety concerns and potential legal and social problems, 
Muslim converts practiced their new faiths clandestinely. There are no 
specific laws against proselytizing; however the Government can 
consider proselytizing as a subversive activity. The Government 
restricted the importation of non-Islamic religious literature for 
widespread distribution, although it did not restrict such materials 
for personal use. Over the last few years, non-Islamic religious texts 
and music and video selections have become easier to locate for 
purchase. However, restrictions on the importation of Arabic and 
Tamazight-language translations of non-Islamic texts were periodically 
enforced. The government-owned radio station provided broadcast time to 
a Protestant radio broadcast. The Government prohibited the 
dissemination of any literature portraying violence as a legitimate 
precept of Islam.
    The Ministries of Education and Religious Affairs strictly require, 
regulate and fund the study of Islam in public schools. The Government 
monitored activities in mosques for possible security-related offenses, 
barred their use as public meeting places outside of regular prayer 
hours, and convoked imams to the Ministry of Religious Affairs for 
``disciplinary action'' when deemed appropriate. The Ministry of 
Religious Affairs provided financial support to mosques and paid the 
salaries of imams. The Ministry of Religious Affairs frequently 
appointed selected imams to mosques throughout the country, and the law 
allows it to pre-screen religious sermons before they are delivered 
publicly. (see Section 2.a.).
    The Penal Code provides 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 was ``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 anti-Semitic incidents during the year, although 
anti-Semitic political commentary appeared periodically in the Arabic-
language press without government response. The Government did not 
promote tolerance or anti-bias education, and there is no hate crime 
legislation.
    The country's decade-long civil conflict has pitted self-proclaimed 
radical Muslims belonging to the Armed Islamic Group and its later 
offshoot, the Salafist Group for Call and Combat (Groupe Salafiste pour 
la Predication et le Combat, or GSPC), against moderate Muslims. 
Radical Islamic extremists have issued public threats against all 
``infidels'' in the country, both foreigners and citizens. As a rule, 
the majority of the country's terrorist groups did not differentiate 
between religious and political killings.
    For a more detailed discussion, see the 2004 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 
sometimes restricted these rights in practice. The Government 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; however, such authorization may be granted 
to students and to those persons with special family circumstances.
    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 maintained 
restrictions on travel into the four southern provinces of Ouargla, El-
Oued, Laghouat and Ain-Salah where much of the hydrocarbon industry and 
many foreign workers were located, 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 bandits and terrorists intercepted citizens at roadblocks, 
often using stolen police uniforms and equipment to rob them of their 
cash and vehicles. On occasion, armed groups killed groups of civilian 
passengers at these roadblocks (see Section 1.a.). Such acts were not 
performed or imposed by government forces.
    The Family Code does not permit married females younger than 18 
years of age to travel abroad without their guardian's permission (see 
Section 5).
    Neither the Constitution nor the law provides for forced exile, and 
it was not known to occur.
    The law provides for the granting of refugee status or asylum to 
persons who meet the definition in the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution, and granted refugee 
status and asylum. There were no reports of the forced return of 
persons to a country where they feared persecution. The Government 
provided temporary protection to approximately 160,000 refugee 
Sahrawis, former residents of the Western Sahara who left that 
territory after Morocco took control of it in the 1970s. The office of 
the U.N. High Commissioner for Refugees (UNHCR), the World Food Program 
(WFP), the Algerian Red Crescent, and other organizations assisted 
Sahrawi refugees. The Government cooperated with UNHCR and other 
humanitarian organizations in assisting refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to peacefully 
change their Government; however, there are limitations on this right 
in practice. The Constitution also mandates presidential elections 
every 5 years.
    For the first time since the end of the one-party system and after 
more than a decade of civil strife and continuing acts of terrorism, a 
sitting president not only completed his full 5-year term of office, 
but was re-elected in a contested election of transparency which was 
unprecedented for the country; however, the election and the electoral 
system were not without flaws. President Bouteflika was re-elected in 
April to his second term, winning approximately 85 percent of the vote 
according to the official results. Voter participation was 58 percent, 
remaining steady from the 1999 elections and reflecting stable public 
confidence in the political process, which had steadily dropped over 
the past decade.
    Unlike previous elections, there was marked improvement towards a 
more free and transparent electoral process. The military was generally 
neutral in the election, upholding the Chief of Staff's promise not to 
intervene and abiding by a January electoral reform law that eliminated 
the practice of voting in barracks a day before the ``general vote.'' 
Six candidates representing parties with a wide-range of political 
views participated, and they were able to campaign publicly on 
television and radio. A woman also ran for president for the first time 
in the country's history. Unlike in 1999, the candidates did not drop 
out on the eve of the election; and for the first time, candidates and 
party representatives were able to review the voter lists prior to the 
election. The lists were made available to the heads of political 
parties on CD-ROM, reducing the possibility of election fraud. An 
election observer from the Organization for Security and Cooperation in 
Europe stated in a press conference that the election was generally 
free and fair, though not without flaws.
    Problems with the electoral system persisted. The Administrative 
Court of Algiers was criticized among the country's political class and 
independent media for having invalidated the National Liberation 
Front's Eighth Party Congress. The invalidation was viewed as 
politically motivated and a setback to the president's main opponent, 
former Prime Minister and FLN Secretary-General Ali Benflis, because 
the party representatives chosen during the Eighth Party Congress were 
Benflis supporters. The invalidation also froze the FLN's bank 
accounts.
    Opposition candidates also complained that the Ministry of the 
Interior regularly blocked registered parties from holding meetings; 
denied them access to larger and better equipped government conference 
rooms; and pressured hotels into not making conference rooms available, 
while facilitating the activities of the pro-Bouteflika FLN. According 
to the Constitutional Council, which validates election results and 
determines whether candidates meet all the requirements, three 
potential candidates did not receive sufficient numbers of signatures 
for placement of their names on the ballot. Two candidates claimed the 
Council's invalidation of their signatures was politically motivated, 
but they were unable to provide any evidence of fraud. Despite 
opposition candidates' access to the state-controlled media during the 
official 3-week election campaign period, they were systematically 
denied similar access both before the campaign and following the 
election.
    Furthermore, the incumbent's ability to use state largesse in 
government work projects in every wilaya to amass political support 8 
months before the election created inequitable campaign advantages. 
Additionally, opposition candidates, primarily the (Islamist) ``Islah'' 
or Renaissance Party, expressed concern over potential tampering of the 
voter lists. Candidates filed numerous complaints that the lists were 
neither alphabetized nor classified by voting station or gender; that 
the lists did not conform to the electoral lists used during election 
day (which comprised full name, date and place of birth, and address 
for each voter); and that the number of voters on the list was 
inflated. The Electoral Commission made hundreds of corrections based 
on these filed complaints.
    In April 2003, Prime Minister Benflis resigned and was replaced by 
the head of the RND Party, Ahmed Ouyahia. Prime Minister Ouyahia 
maintained the same cabinet until September 2003 when there was a 
reshuffle of FLN ministers. In April, following the presidential 
election, Prime Minister Ouyahia presented his resignation as required 
by the Constitution and was reappointed as Prime Minister with a new 
cabinet.
    The country has a bicameral parliament consisting of the 389-seat 
National People's Assembly (lower house) and the 144-seat Council of 
the Nation (upper house or Senate). All members of the Assembly are 
elected by popular vote to 5-year terms. In the Council, two-thirds of 
the members are elected by the regional assemblies (the Popular 
Communal Assemblies and the Popular State Assemblies), and the 
remaining one-third is appointed by the President; all members serve 6-
year terms, and the Constitution requires that half the elected portion 
of the Council and one-third of the appointed portion be replaced every 
3 years. The Constitution provides the President with the authority to 
rule by executive order in special circumstances. In cases when 
Parliament is not in session, the President has the right to legislate 
by order. However, he must submit the executive order to Parliament for 
approval upon its return, first to the Assembly then to the Council. If 
the Assembly disapproves the executive order twice, the President must 
dissolve the Assembly. Assembly elections were held in May 2002, and 
indirect elections for the Council of the Nation were held in December 
2003.
    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. The 
Government has refused to register two parties: Wafa and Front 
Democratique. No party may use religion, Amazigh heritage, or Arab 
heritage as a basis to organize for political purposes. The law also 
bans political party ties to nonpolitical associations and regulates 
party financing and reporting requirements.
    In December 2003, indirect elections for one-third of the Council 
of the Nation (upper house) were held. The National Democratic Rally 
(RND) won 17 seats, and the FLN won 22 seats (split evenly amongst 
Benflis and Bouteflika supporters). The two conservative Islamic 
parties, MSP and El Islah, won four and two seats respectively, marking 
the first time members from Islamic parties have been elected to the 
Council. One independent member was also elected. Members of the 
regional assemblies in the Kabylie wilayats of Tizi-Ouzou and Bejaia 
did not participate due to their longstanding boycott of national 
elections.
    Corruption in the executive and legislative branches of Government 
continued to be a serious problem. There are anti-corruption 
regulations in the Penal Code that call for prison sentences of up to 2 
years and increase to up to 10 years' imprisonment for high executives; 
however, they are not widely implemented. During the year, the 
Government established a new anti-money laundering law and installed a 
financial intelligence unit to aid in the fight against corruption.
    There is no government transparency in the country. The Government 
routinely does not provide any access to government information.
    There were 32 women serving in senior positions in the executive 
and legislative branches. There were four women in the Cabinet: as 
Minister of Culture; and as Minister Delegates for Family and Female 
Condition, for the Algerian Community Living Abroad, and for Scientific 
Research. Women also held 24 of the 389 seats in the lower house of 
Parliament and 4 of the 144 seats in the upper house. In 2002, women 
held 19 seats in the lower house and 6 seats in the upper house, and 
held 5 ministerial positions during President Bouteflika's first term. 
A woman led the Workers' Party, and all the major political parties 
except the Islah Party had women's divisions headed by women.
    The ethnic Amazigh minority of about 9 million centered in the 
Kabylie region participated freely and actively in the political 
process and represented one-third of the Government; however, Amazigh 
protests and boycotts surrounding the May and October 2003 and the 
April elections underscored the economic and social neglect felt by 
many in this community, which makes up nearly one-third of the overall 
population.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups were not 
able to operate without government interference while trying to 
investigate and publish their findings on human rights cases. The 
Government continued to harass local NGOs, and it utilized bureaucratic 
hurdles to impede the work of international NGOs. While some human 
rights groups were allowed to move about freely, the most active and 
visible organizations reported harassment by government authorities, 
including surveillance and monitoring of telephone services, arbitrary 
detention, questionable and repeated police summonses, and false arrest 
(see Section 1.f.). Domestic NGOs must be licensed by the Government 
and are prohibited from receiving funding from abroad, although they 
may receive donations in-kind. Some unlicensed NGOs operated openly. 
International NGOs continued to experience visa delays or refusals.
    The most active independent human rights group was the Algerian 
League for the Defense of the Rights of Man (LADDH), an independent 
organization that had members throughout the country; however, the 
LADDH was not permitted access to government officials for human rights 
advocacy or research purposes, or to prisons, except for normal 
consultations allowed between lawyer and client.
    The less active Algerian League for Human Rights (LADH) is an 
independent organization based in Constantine. LADH has members 
throughout the country who followed individual cases. In September 
2003, Mohamed Smain, President of LADH, was summoned to the local 
police precinct and arrested without charge. The presiding judge 
dismissed the court case the following day. Smain had been sentenced to 
1 year in prison for the defamation of the mayor of Relizane and eight 
members of its local self-defense force. He alleged in a published 
report on human rights abuses that his nine accusers had participated 
in the abduction, torture, killing, and disappearance of dozens of 
people. Smain was granted ``provisional liberty'' the same year while 
the Supreme Court reviewed his case.
    Visits by international human rights NGOs occurred both at the 
invitation of the Government and independently, when the Government 
chose to issue visas. Representatives of the National Endowment for 
Democracy, Freedom House, and Global Rights all visited the country 
during the year. However, numerous international human rights groups 
continued to encounter visa difficulties following the publication of 
reports deemed critical of the Government. Difficulty with obtaining 
visas also occurred when groups intended to hold meetings, conferences, 
or workshops related to what the Government considered sensitive 
issues, such as disappearances or electoral reform. The Moroccan 
employees of Global Rights experienced lengthy visa delays that forced 
them to cancel several meetings in the first quarter of the year. 
Representatives of the Fund for Global Human Rights and the 
International Foundation for Election Systems were denied visas in 
September. The Ministry of Foreign Affairs denied Freedom House (FH) 
permission to open an office in Algiers until, according to an official 
at the MFA, FH wrote a more ``balanced'' annual report. The Government 
also told FH that its activities related to disappeared persons would 
be approved on a case-by-case basis. FH was also forced to cancel a 
seminar on disappearances because some of the seminar participants' 
visa applications were denied. Representatives of Human Rights Watch 
and Amnesty International were also denied visas during the year.
    The ICRC has full access to civilian prisons and pre-trial 
detention centers; however, it has not been granted access to the 
country's military or high-security prisons (see Section 1.c.).
    The Government continued to deny 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 
Extra-judicial Executions. The U.N. Rapporteur on the Freedom of 
Religion was allowed to visit the country in September 2002.
    The government-established Consultative Commission for the 
Protection and Promotion of Human Rights (Commission Nationale 
Consultative de Promotion et de Protection des Droits de l'Homme, or 
CNCPPDH) is its Ombudsman for human rights. Directed by Farouk 
Ksentini, 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 come from his office. The Commission is mandated 
to report on human rights issues, coordinate with police and justice 
officials, advocate domestic and international human rights causes, 
mediate between the Government and the population, and provide 
expertise on human rights issues to the Government.
    In December, Ksentini announced that the Government was considering 
working more closely with international and local NGOs. He mentioned, 
however, that it was important for NGOs to cooperate and ``not 
interfere in the country's domestic affairs.''
    In September 2003, the President announced the creation of a 
government commission dedicated to the issue of the disappeared and 
named Farouk Ksentini to head the body, which would serve as an ``Ad 
Hoc Mechanism'' between the families of the disappeared and the 
Government (see Section 1.b.). Both the CNCPPDH and the Ad Hoc 
Mechanism were perceived to be government-influenced and not effective, 
lacking investigative or enforcement powers. Their reports go directly 
to the President of the Republic and are not made public.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on birth, race, 
sex, language, and social status; however, women continued to face 
legal and social discrimination.

    Women.--Spousal abuse was common. In March, the National Institute 
of Public Health hosted a seminar on violence against women. Seminar 
statistics showed that 69.5 percent of female victims of violence were 
housewives, 27 percent were illiterate, and that rape constituted more 
than 55 percent of all sexual assaults.
    Spousal abuse was more frequent in rural than urban areas and also 
more frequent among less-educated persons. Spousal rape also occurred. 
Prison sentences for non-spousal rape range from 1-5 years; however, 
there are no specific laws against spousal rape. There are strong 
societal pressures against a woman seeking legal redress against her 
spouse for rape, and there were few 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. Because of societal pressures however, women frequently were 
reluctant to endure this process. According to a study by the Ministry 
of Justice, women's associations, and the National Institute of Public 
Health, 70 percent of women refused to lodge a complaint.
    SOS Femmes en Detresse and the Wassila Network are two prominent 
associations for women that have received recognition by the Government 
and the international community. Both groups provided judicial and 
psychological counseling to abused women. 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. The Working Women section of the state union, the General 
Union of Algerian Workers (UGTA), established a counseling center with 
a toll free number for women suffering from sexual harassment in the 
workplace.
    The law prohibits prostitution; however, for economic reasons, 
prostitution was reported to be a growing problem, according to the 
National Institute of Public Health.
    Some aspects of the law and many traditional social practices 
discriminated against women. The Family Code, adopted in 1984 and based 
in large part on Shari'a, treats women as minors under the legal 
guardianship of a husband or male relative. Under the 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 is difficult for a wife to obtain. Husbands generally 
obtain 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.
    The Family Code also affirms the Islamic practice of allowing a man 
to marry up to four wives, although this rarely occurs in practice. 
Approximately 5 percent of marriages are polygynous. 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 do not always have exclusive control over 
assets that they bring to a marriage or income that they earn 
themselves. Married females under 18 years of age may not travel abroad 
without their husbands' permission. Married women may take out business 
loans and use their own financial resources.
    Despite constitutional and legal provisions providing equality 
between men and women, in practice women still faced discrimination in 
employment resulting from societal stereotypes. Leaders of women's 
organizations reported that discriminatory violations are common. Labor 
Ministry inspectors did little to enforce the law.
    Social pressure against women pursuing higher education or a career 
was greater in rural areas than in major urban areas. Women made up 
more than half of the university student population; however, women 
constituted only 19.7 percent of the work force. Nonetheless, women may 
own businesses, enter into contracts, and pursue careers similar to 
those of men. About 25 percent of judges were women, a percentage that 
has been growing in recent years.
    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.--Child abuse was a problem. 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 continued instances of 
domestic violence aimed at children, which they attributed to the 
``culture of violence'' developed since the civil conflict of the 1990s 
and the social dislocations caused by the movement of rural families to 
the cities to escape terrorist violence. One study performed by the 
National Institute of Public Health in 2002 reported that 62 percent of 
children have been victims of physical abuse.
    Children continued to be victims of terrorist attacks. In one 
November incident in the wilaya of Relizane, a whole family, including 
children, was killed. In April, two children and their mother were 
killed by a homemade bomb.
    The Government is generally committed to the welfare, rights, 
health and education of children. The Government provides free 
education for children through high school. Education is compulsory 
until the age of 16 and is free and universal. In 2004, more than 90 
percent of children completed the ninth grade, on average the highest 
grade level normally attained by students. Boys and girls generally 
received the same treatment in education, although girls were slightly 
more likely to drop out of school in rural areas because of familial 
financial reasons, as sons were sometimes given educational priority 
over daughters. The girls were then sent to vocational training 
schools.
    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 
problems.
    Economic necessity compelled many children to resort to informal 
employment, such as street vending (see Section 6.d.).

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons and there were reports that such practices occurred. The 
Government did not acknowledge trafficking to be a problem, as the 
Government is mostly concerned with the increasing rate of illegal 
immigration. According to the Government, laws against illegal 
immigration, prostitution, and forced labor are used to enforce anti-
trafficking standards, in the absence of specific anti-trafficking 
laws.
    According to media reports and a local NGO, forced prostitution and 
domestic servitude of illegal immigrants from West Africa occurred as 
immigrants transited through the country seeking economic opportunity 
in Europe. Official statistical estimates of the severity of 
trafficking do not exist. Since the Government did not acknowledge 
trafficking to be a problem, there were no government assistance 
programs for victims or any information campaigns about trafficking.

    Persons With Disabilities.--The Government did not mandate 
accessibility to buildings or government services for persons with 
disabilities. Public enterprises, in downsizing their work forces, 
generally ignored a law that requires that they reserve 1 percent of 
their jobs for persons with disabilities. Social security provided 
payments for orthopedic equipment, and some NGOs received limited 
government financial support.
Section 6. Workers Rights
    a. The Right of Association.--About two-thirds of the labor force 
belonged to unions. 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. There is an umbrella labor confederation, the 
General Union of Algerian Workers (UGTA) and its affiliated entities. 
The UGTA encompasses national unions that are specialized by sector. 
The law on labor unions requires the Labor Ministry to approve a union 
application within 30 days and allows for the creation of autonomous 
unions, others than those affiliated to UGTA. However, attempts by new 
unions to form federations or confederations have been obstructed by 
delaying administrative maneuvers. 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.
    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. 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 the right to strike, and workers exercised this right in 
practice, subject to some conditions. The law provides for collective 
bargaining for all unions, and the Government permitted this right in 
practice for authorized unions. Under the State of Emergency, the 
Government can require public and private sector workers to remain at 
work in the event of an unauthorized or illegal strike. According to 
the 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.
    The law provides that all public demonstrations, protests, and 
strikes must receive government authorization prior to commencement. 
Strikes and labor gatherings occurred throughout the year in various 
sectors, including the construction, medical, port facility, education, 
and customs sectors. The 2001 ban on marches in Algiers remained in 
effect.
    In 2004, the ILO Committee of Experts requested the Government 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, those 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 did not act, claiming 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.
    The Government eliminated free trade zones in November; labor laws 
now apply equally throughout the country.
    On June 6, the National Committee for Union Freedom (CNLS) gathered 
8 autonomous unions in health, education, and public administration 
(unaffiliated with the UGTA) to denounce infringements on the unions' 
freedoms, the right to strike, and on union pluralism.
    During August, workers at southern facilities of Sonatrach, the 
state-owned oil and gas production company, protested inadequate 
salaries and benefits.
    On September 30, employers in the health sector began a weeks-long 
``unlimited'' strike at the appeal of the National Federation of Health 
Sector Workers (FNTS), an affiliate of the UGTA. The federation sought 
increases in salaries and benefits. The National Union of Public Health 
Practitioners (SNPSP) went on strike on October 10, seeking salary 
increases of up to 80 percent.

    c. Prohibition of Forced or Compulsory Labor.--Forced or bonded 
labor is prohibited by the Constitution's provisions on individual 
rights, and the Penal Code prohibits compulsory labor, including forced 
or compulsory labor by children. The Government generally enforced the 
ban effectively.

    d. Prohibition of Child Labor 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 2003 that approximately 3 percent of children worked 
in some capacity. No child labor was reported in the industrial sector; 
however, economic necessity compelled many children to resort to 
informal employment. Many children worked part time or full time in 
small workshops, on family farms, and in informal trade. One report 
stated that more than 25,000 children between the ages of 6 and 14 were 
working in the informal economy.

    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 monthly 
minimum wage was insufficient to provide a decent standard of living 
for a worker and family. The minimum wage was approximately 8000 dinars 
($105) per month. Ministry of Labor inspectors were responsible for 
ensuring compliance with the minimum wage regulation; however, 
enforcement was inconsistent.
    The standard workweek was 37.5 hours. Employees 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; however, the high 
demand for employment in the country gave the advantage to employers 
seeking to exploit employees.

                               __________

                                BAHRAIN

    Bahrain is a monarchy, which in 2002 adopted a constitution that 
reinstated a legislative body with one elected chamber. The Al Khalifa 
extended family has ruled the country since the late 18th century and 
continues to dominate all facets of society and government. The King, 
Sheikh Hamad Bin Isa Al Khalifa, governs the country with the 
assistance of his uncle, the Prime Minister Sheikh Khalifa Al-Khalifa; 
his son, the Crown Prince Salman bin Hamad; and an appointed cabinet of 
ministers. Members of the Al Khalifa family hold 8 out of 23 cabinet 
positions, including all strategic ministries. The 2002 Constitution 
provides that the King is head of the executive, legislative, and 
judicial branches of the Government. The King also chairs the Higher 
Judicial Council, which appoints members of the Constitutional Court. 
The bicameral National Assembly consists of the elected Council of 
Representatives and the appointed Shura (Consultative) Council. The 
Constitution gives the Council of Representatives a role in considering 
legislation, but most legislative authority still resides with the 
King, and he appoints members of the Shura Council. The Constitution 
provides for a nominally independent judiciary; however, the judiciary 
was not independent because courts were subject to government pressure 
regarding verdicts, sentencing, and appeals.
    The Ministry of Interior is responsible for public security. It 
controls the Public Security Force (police) and the extensive security 
service, which are responsible for maintaining internal order. The 
Bahrain Defense Force (BDF) is responsible for defending against 
external threats. It also monitors internal security. The Government 
maintained effective control of the security forces. The security 
forces did not commit any serious human rights abuses during the year. 
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.
    The country had a population of approximately 710,000, an estimated 
one third of whom were noncitizens, primarily from Asia. It had a mixed 
economy, was a regional financial services center, derived income from 
exports of petroleum and petroleum products, and depended on tourism 
from Saudi Arabia. The Government estimated Gross Domestic Product 
(GDP) growth rate at 6.8 percent. Higher average oil prices and 
increased construction activity fueled by deficit government spending 
contributed to higher GDP growth during the year. Real wages have been 
falling for more than 10 years.
    Problems remained in the Government's respect for human rights. 
Citizens did not have the right to change their government. The 
Government prohibits political parties, and none exist. Impunity of 
government officials remained a problem, as did the lack of 
independence of the judiciary and discrimination against the Shi'a 
population, women, and foreign nationals. The press reported that some 
judges were corrupt. The Parliament investigated an instance of 
government corruption involving the government pension funds. The 
Government continued to infringe to some extent on citizens' privacy 
rights, and it restricted the freedoms of speech, the press, assembly, 
and association. Journalists routinely practiced self censorship. The 
Government also imposed some limits on freedom of religion and freedom 
of movement. Violence against women and discrimination based on sex, 
religion, and ethnicity remained a problem. There was reported 
discrimination in the job market. In May, the Council of 
Representatives rejected a law making discrimination a crime punishable 
under the country's 1976 Penal Code. Abuse of foreign workers occurred, 
including numerous instances of forced labor and some instances of 
trafficking.
    The Government took initial steps to improve the judiciary process 
with the transparent recruitment of new judges, training of judges and 
prosecutors, establishment of an office of mediation, and steps to 
speed up the court process that automates case management. Five judges 
were dismissed for corruption. The Government also provided increased 
human rights training to law enforcement officers.
                        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.
    On April 27, the High Civil Court ordered the Ministry of Interior 
to pay BD 40,000 ($106,100) to the family of the 21-year old Bahraini 
man killed in a demonstration in April 2002.

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

    c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and other cruel, 
inhuman, or degrading treatment or punishment. During protests on May 
21, two civilians were injured by rubber bullets fired by the police. 
On October 28, rubber bullets or tear gas canisters fired by the police 
injured two protestors (see Section 2.b.). There were no known 
instances of officials being punished for human rights abuses committed 
either during the year or in any previous year.
    Several cases of police abuse remain unresolved since 2002. In 
April 2002, police beat a human rights activist who came to the aid of 
another demonstrator. The investigation into this incident concluded 
that the police were not at fault. In May 2002, the Department of 
Military Intelligence (DMI) reportedly kidnapped a citizen and beat him 
in retaliation for his involvement in another demonstration. At year's 
end, there was no government investigation into this incident nor was 
any punishment exacted.
    In September 2003, three ex-detainees filed a criminal complaint 
against an ex senior intelligence official and a retired security 
intelligence officer, Colonel Adil Jassim Flaifel, accusing them of 
torturing detainees from 1981 to 1996. Colonel Flaifel denied any 
wrongdoing, and the Public Prosecutor rejected the detainees' 
complaint. In 2002, lawyers for eight citizens made allegations against 
Colonel Flaifel for routinely engaging in torture and mistreatment 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 2001 applied to government employees as well as citizens
    Unlike last year, there were incidents of violent societal abuse by 
vigilantes. On March 12, following liquor vendors' refusal to suspend 
operations after their neighbors' demands, between 100 and 200 Shi'a 
protestors entered 4 houses and destroyed a large number of bottles of 
liquor. Police eventually defused the violence hours later. The 
Interior Minister issued a statement that citizens may not take the law 
into their own hands, and instead should address complaints to the 
ministry.
    On March 17, as many as 150 Shi'a youths attacked a Manama 
restaurant located near a conservative Shi'a neighborhood. The 
restaurant was known to serve alcohol and was frequented by foreigners. 
The youths arrived with knives, rocks, and Molotov cocktails. They set 
fire to five vehicles and doused the back wall of the restaurant with 
gasoline. Police were slow to respond and stood outside the restaurant 
for 20 minutes before engaging the mob. Police arrested 12 teenagers 
and detained 4 more for questioning; however, the King pardoned all 16 
teenagers at the request of their families.
    In 2003, credible reports of prisoner beatings and mistreatment 
surfaced during three strikes at Jaw prison, in the southern part of 
the country. In August 2003, a prisoner was allegedly beaten in front 
of his family. News of the mistreatment reached 282 prisoners in 
Building 4, who proceeded to take over the building and stage a 14-day 
hunger strike. Press reports stated that the prisoners sought better 
living conditions, medical treatment, monitoring by human rights 
organizations, and a halt to beatings by prison guards. The Ministry of 
Interior negotiated the end of the strikes by promising to establish a 
joint parliamentary and Ministry of Interior commission to investigate 
claims. The commission began work in April 2003; however, findings of 
the commission's investigation have still not been made public. In 
February, the Ministry of Interior improved medical care, social 
services, and food at Jaw prison.
    In December, several dozen prisoners at Jaw Prison started a hunger 
strike and called for an end to delays in the justice system. The press 
reported that some inmates were held for up to 9 months while waiting 
for the courts to hear their cases. The prisoners claimed that once 
they started the strike, they were denied hot water, phone calls, and 
outdoor exercise.
    Other prisons in the country generally met international standards.
    Women prisoners were housed separately from and in better 
conditions than men, and juveniles were housed separately from adults 
until the age of 15 in a section of the women's prison. On April 13, 
the Labor Ministry announced plans to open a separate center for the 
care of juvenile delinquents, but it has not yet opened. In August, the 
International Committee of the Red Cross (ICRC) met with government 
officials and NGOs. The ICRC did not monitor prisons.
    Political and ``security'' prisoners are not held in special 
prisons or in special sections of regular prisons. Pretrial detainees 
are housed separately from convicted prisoners.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions. At year's end, there were no reports of government 
investigations into claims that the Directorate of Military 
Intelligence (DMI) officers detained and beat a citizen in 2002.
    There continued to be no known instances of police officers being 
punished for human rights abuses committed either during the year or in 
any previous year. The King ordered an investigation into police 
conduct at a demonstration in May in which two civilians were injured 
by rubber bullets (see Section 2.b.).
    According to the Interior Ministry, its Disciplinary Court 
convicted three police officers during the year for criminal activities 
of property theft and disobedience.
    From April 17 to 21, 40 ranking law enforcement officers from the 
Interior Ministry, National Guard, Bahrain Defense Force and the Public 
Prosecutor's office attended a 5-day U.N. Development Program seminar 
entitled ``Training Course in the Human Rights Field for Law 
Enforcement in the Ministry of the Interior.'' This training, the first 
of its kind for the country's law enforcement officers from these 
organizations, focused on protecting the rights of suspects and inmates 
in accordance with international standards.
    On March 30, police arrested the President of the National 
Committee for Martyrs and Victims of Torture days before his group 
planned to demonstrate against Law 56, the government decree that gives 
immunity to past and present government officials responsible for 
serious human rights abuses. Facing charges of un-Islamic behavior and 
indecency, he was denied legal representation for the 5 days he was 
detained in jail. This case was still pending at year's end. The 
Government also broke its own laws and released his name and the nature 
of the case to the local press. Releasing such information is illegal 
in alleged vice cases.
    Police must inform suspects of the charges against them within 48 
hours of the arrest. The law provides a detained person the right to a 
judicial determination on the legality of the detention within 45 days 
of the arrest.
    Judges may grant bail to a suspect and do so regularly.
    The Ministry of Justice is responsible for the assignment and 
management of public prosecutors, while the Ministry of Interior 
oversees security and all aspects of prison administration. Access to 
attorneys was often restricted; in the early stages of detention, 
attorneys must seek a court order to confer with clients. The state 
provides counsel if the defendant cannot afford to hire an attorney. 
After conviction, attorneys require the prison director's permission to 
visit a client in jail.
    Prisoners may receive visits from family members, usually once a 
month.
    Since the 2001 abolition of the State Security Act, courts have 
refused police requests to detain suspects longer than 48 hours without 
referring the case to the Public Prosecutor, and police have complied 
with court orders to release suspects. Prisoners must see a judge 
within 3 days of arrest. In December, inmates in Jaw Prison went on a 
hunger strike to protest delays in the judicial system. Some claimed 
they were spending up to 9 months in cells waiting for the courts to 
hear their cases (see Section 1.c.).

    e. Denial of Fair Public Trial.--The Constitution provides for a 
nominally independent judiciary; however, the judiciary was not 
independent, and courts were subject to government pressure regarding 
verdicts, sentencing, and appeals. In the past, 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. The King chairs the Higher Judicial Council, which 
appoints members of the Constitutional Court.
    The country's legal system is based on a mix of British Common Law, 
Shari'a (Islamic law), tribal law, and other civil codes, regulations, 
and traditions. The judiciary is organized into two separate branches: 
the civil law courts; and the Shari'a law courts.
    The civil law courts adjudicate all civil and commercial, cases, 
and all personal status cases involving non-Muslims. The Courts of 
Minor Causes (the Lower Courts and the Court of Execution) have one 
judge with jurisdiction over minor civil and commercial disputes. The 
High Civil Court has three judges with jurisdiction over larger civil 
and commercial disputes and personal status cases involving non-
Muslims. Appeals are made at the Civil High Court of Appeal, which is 
presided over by three judges. The criminal law courts adjudicate 
criminal cases. The Lower Criminal Court has one judge and rules on 
misdemeanor crimes. The High Criminal Court has three judges and rules 
on felonies. Appeals are made at the Criminal High Court of Appeal, 
which also has three judges. Both the civil and criminal court systems 
have a Supreme Court of Appeal (Court of Cassation), the final 
appellate court.
    In September 2003, the High Civil Court considered a lawsuit 
brought against the Government by the family of a citizen, who died in 
2002 during a violent demonstration in front of a foreign embassy. On 
April 27, 2004, the Court ordered the Ministry of the Interior to 
compensate the family (see Section 1.a.).
    The Shari'a Law Courts have jurisdiction over personal status cases 
involving citizen and non-citizen Muslims. There are two levels: the 
Senior Shari'a Court; and the High Shari'a Court of Appeal. At each 
level is a Sunni Shari'a Court with jurisdiction over all personal 
status cases brought by Sunni Muslims, and a Jaafari Shari'a Court with 
jurisdiction over cases brought by Shi'a Muslims. The High Shari'a 
Court of Appeal must be composed of a minimum of two judges. In the 
event of a disagreement, the Ministry of Justice provides a third judge 
and the decision will be based on a majority vote.
    Finally, the 2002 Constitution established the Constitutional Court 
to rule on the constitutionality of laws and statutes. The Court's 
membership consists of a president and six members, all appointed by 
the King's royal decree. These seven judges serve 9 year terms and 
cannot be removed before their terms expire. The King may present draft 
laws to the Court to determine the extent of their agreement with the 
Constitution. The Court's determination is final and ``binding on all 
state authorities and on everyone,'' according to the Constitution.
    The Constitution provides that the King appoints all judges by 
royal decree. 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.
    In March, the Justice Minister dismissed five Shari'a court judges 
and suspended a sixth for corruption and disreputable behavior.
    In February 2003, a citizen lost custody of her two children in a 
Shari'a court. Her appeal was denied by the original judge on February 
21, 2003. On January 11, the Shari'a court overturned its 2003 decision 
and granted custody of the children to their mother.
    In September 2003, a group of women's rights activists, attorneys, 
and journalists who were critical of various decisions of Shari'a 
judges published their views in the daily newspaper Akhbar Al-Khaleej. 
Eleven Shari'a court judges brought slander charges against this group, 
which was led by Anwar Abdulrahman, editor-in-chief of the newspaper. 
Abdulrahman challenged the constitutionality of laws for the press, 
judicial authority, and criminal procedures. In December 2003, the High 
Shari'a Court of Appeal suspended his trial and passed the case to the 
Constitutional Court. On July 13, seven of the Shari'a court judges 
dropped the criminal case against Abdulrahman. The Ministry of Justice 
dismissed the other four judges on charges of corruption. On October 
10, the High Criminal Court rejected the judges' case. A newspaper 
called the result a ``triumph for the press and social reformers'' in 
the country (see Section 2.a.).
    The Women's Petition Committee is a group of women who were 
negatively affected by Shari'a court decisions. Since 2003, they have 
called for the issuance of a long-promised personal status law. In a 
petition to the King, they requested that the Supreme Judicial Council 
intervene in matters of inspection, supervision, and reform of the 
religious judiciary. There was no response from the Supreme Judicial 
Council by the year's end; however, the King spoke of the necessity of 
a personal status law during his address at the opening of Parliament 
on October 9.
    Civil and criminal trial procedures provided for an open trial, the 
right to counsel (with legal aid available when necessary), and the 
right to appeal. Juries are not a part of the judicial system.
    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.
    Court procedures do not meet internationally accepted standards for 
fair trials.
    The BDF maintains a separate court system for military personnel 
accused of offenses under the Military Code of Justice. The Ministry of 
Interior has a similar system for trying police officials. Neither 
court reviewed cases involving civilian, criminal, or security 
offenses.
    There were no reports of political prisoners.

    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; however, the 
Government continued to infringe on citizens' right to privacy. The 
Government continued to carry out some illegal searches. Telephone 
calls and personal correspondence remained subject to monitoring. 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.). Police informer networks 
were extensive and sophisticated.
    According to press reports on August 15, the BDF denied one of its 
high-ranking officers permission to marry a woman from a different 
sect.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for the 
freedom of speech and of the press, but the Government limited these 
rights in practice, especially in the media.
    Local press coverage and commentary on international issues was 
open, and discussion of local economic and commercial issues also was 
relatively unrestricted. However, representatives from the Information 
Ministry actively monitored and blocked local stories on sensitive 
matters, especially those related to sectarianism, national security, 
or criticism of the royal family, the Saudi ruling family, and judges. 
In April, the country's third independent daily newspaper, Al-Meethaq, 
issued its first edition and soon discussed the issue of homosexuality, 
creating a controversial debate throughout the country. The Government 
did not participate in this debate. In October 2003, the Bahrain 
Journalists Association (BJA) became a full member of the International 
Federation of Journalists (IFJ).
    In 2002, a press law was issued by royal decree. The Government 
began implementing the law but ``froze'' it due to a public outcry. 
Although suspended, the law continued to be enforced at the 
Government's discretion. The suspended press law provides for freedom 
of press and speech; however, it also contains restrictions on these 
``rights.'' The law provides for prison sentences in 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 BD 2,000 ($5,300) for 
14 other offenses, including publicizing statements issued by a foreign 
state or organization before obtaining the consent of the Minister of 
Information; publishing any news reports which may adversely affect the 
value of the national currency; reporting any offense against the head 
of a state which maintains diplomatic relations with the country; or 
publishing offensive remarks towards an accredited representative of a 
foreign country because of acts connected with his post.
    In March, Sunni religious leaders and several Sunni 
parliamentarians compelled the Dubai-based Middle East Broadcasting 
Channel 2 (MBC 2) to halt its production of the reality television show 
``Big Brother'' in the country, despite general public support for the 
program. The show was to be based on the original Dutch version but 
with some changes due to Islamic sensitivities. Whereas, in the 
original, 12 female and male contestants were filmed 24 hours per day 
as they lived together and periodically took votes to dismiss each 
other, the local version separated the males from the females so that 
they interacted only in communal areas. The Information Minister 
accepted the program in this format, provoking attacks from 
conservative parliamentarians who demanded his removal from office. 
Outside parliament, conservative religious leaders denounced the 
immoral nature of the program. Sunni conservatives organized a public 
protest that attracted more than 1,000 demonstrators. On March 3, MBC 2 
announced that it was halting production. It made no reference to 
government pressure in its public statement.
    In March, the Council of Representatives' Legal and Legislative 
Affairs Committee approved amendments to the Penal Code that provide 
for the imprisonment or fine of any person who publicly humiliates 
members of the National Assembly or who publishes the content of closed 
sessions.
    In May, the Ministry of Information confiscated the May 9-15 issues 
of Al-Mushahid Al-Siyasi magazine that contained articles on the recent 
petition for constitutional change (see Section 2.b). Al-Mushahid Al-
Siyasi is a well-known Arabic magazine, published in London by the BBC, 
and has a local circulation of 500 in Bahrain. Many issues of the 
magazine have been confiscated in the past, particularly ones 
containing articles critical of the country.
    On July 27, the Al-Jazeera Theater staged a political comedy ``Mr. 
MP'' under the patronage of Parliament Chairman Khalifa Al-Dhahrani. 
The play addressed the Parliament's performance over the last 2 years, 
making fun of individual parliamentarians and their proposals. There 
were no reports of censorship.
    Individuals openly expressed critical opinions regarding some 
domestic political and social issues in private settings, internet chat 
rooms, occasionally on State run television call in shows, and 
increasingly in organized public forums. Some citizens criticized 
leading government officials and one, Abd al-Hadi al-Khawaja, was 
jailed. On September 25, police arrested al-Khawaja, former Director of 
the Bahrain Center for Human Rights Executive, for criticizing the 
Prime Minister, Sheikh Khalifa al-Khalifa (the King's uncle) during his 
presentation on poverty at the Al-Aruba Club. Al-Khawaja accused the 
Prime Minister of squandering public money and blocking key economic 
and social reforms.
    Shortly thereafter, the Government temporarily closed Al-Aruba Club 
and dissolved the Bahrain Centre for Human Rights. On November 21, al-
Khawaja was sentenced to 1 year in prison for violating Article 165 
(public incitement against the regime) and Article 168 (spreading 
rumors that could disrupt national security) of the Penal Code. Several 
hours after the court case concluded, the King suspended al-Khawaja's 
sentence and ordered authorities to release him. The Bahrain Center for 
Human Rights challenged its closure. Court proceedings on that case 
were set to begin in January 2005 (see Section 2.b.).
    On October 10, criminal charges of slander were dropped against the 
editor of Akhbar Al-Khaleej (see Section 1.e.). The other two court 
cases brought by the Government against the country's newspapers in 
2003 under the ``frozen law'' were ongoing at year's end.
    In June 2003, Mansour al-Jamry, editor in chief of the independent 
newspaper Al Wasat, was interrogated, sentenced, and fined for 
allegedly publishing sensitive information on an ongoing investigation 
of a locally based terrorist cell. Al-Jamry has appealed his case to 
the Constitutional Court, citing discrepancies in the procedural 
enactment of laws 42, 46, and 47 which deal with judicial authority, 
criminal procedure, and the press. In May, a Higher Criminal Court 
judge referred Al-Jamry's appeal to the Constitutional Court. At year's 
end, this case was ongoing.
    In September 2003, Radhi Mouhsin al-Mousawi, editor in chief of The 
Democrat, a newsletter published by the National Democratic Action 
Society, appeared before the High Criminal Court on charges of 
impropriety, breach of trust, fraud, and forgery of a written document 
after writing an article about corruption in the tourism sector and 
making allegations against an unnamed tourism inspector. Al-Mousawi 
also presented his case to the Constitutional Court, claiming that 
discrepancies in the procedural enactment of the press, judicial 
authority, and criminal procedures laws renders them unconstitutional. 
The Constitutional Court rejected Al-Mousawi's case. The High Criminal 
Court resumed the tourist inspector's defamation case against Al-
Mousawi in September.
    Public demonstrations increased over foreign policy, unemployment, 
family status law, housing shortages, and human rights abuses. These 
were covered in the print media but not always on government owned 
television.
    The Ministry of Information banned the publication of any news or 
information regarding six local men detained in July on suspicion of 
planning terrorist attacks. The Minister of Information issued a 
written decree, explaining that the measure was intended to protect the 
suspects' legal rights. The Minister cited articles 19, 21, and 70D of 
the 2004 Press and Publications law that had not been approved by 
Parliament. Parliamentarians and commentators asserted that such a ban 
must be passed through the legislative branch, not the executive 
branch.
    In February 2003, under the 2002 Publication Laws, the Ministry of 
Information seized copies of ``Mohammed's Character,'' a book 
considered blasphemous for insulting the character of the Prophet 
Mohammed. The Ministry also confiscated books and international 
magazines that featured articles criticizing the 2002 Constitution and 
articles discussing the naturalization of foreigners, which is called 
``political naturalization'' within the country.
    The 2002 Election Law 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.
    The Information Ministry controlled local broadcast media and 
exercised considerable control over privately owned local print media. 
The most independent of the country's newspapers, Al-Wasat, was subject 
to occasional Government harassment. 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 Al Jazeera satellite television channel, accusing the 
station of using sensationalized and one sided coverage to unfairly 
project a negative image of the Government.
    The Government owned and operated all local radio and television 
stations. Radio and television broadcasts in Arabic and Farsi from 
neighboring and regional countries were received without interference. 
Al Jazeera was available in the country via satellite.
    In October 2003, a foreign correspondent advised that the Ministry 
of Information threatened to expel him if he did not retract his draft 
article on political naturalization in the country. The correspondent 
reportedly withdrew the story. In December 2003, another foreign 
correspondent was threatened with expulsion if he did not reveal his 
source for his story on a December 17, 2003 illegal political 
demonstration that turned violent when demonstrators attacked police. 
When he reportedly refused, the Ministry of Interior gave him 24 hours 
notice to leave the country. The correspondent's regional bureau chief 
intervened with the Information Minister to keep the correspondent in 
the country.
    The National Telephone Company (BATELCO) provided access to the 
Internet. E mail use was reportedly unimpeded, although it was subject 
to monitoring (see Section 1.f.). More than one third of the population 
used the Internet. There were 140,000 web-based e-mail accounts that 
the Government cannot monitor in the country. Many districts of Manama 
have cyber cafes, and there are 80 chat rooms visited by more than 
1,000 persons daily. It was estimated that 22 percent of the population 
owned personal computers.
    Although there were no formal regulations limiting academic 
freedom, in practice academics avoided contentious political issues, 
and the University of Bahrain did not have a political science program. 
University hiring and admissions policies favored Sunnis and others who 
were assumed to support the Government, rather than focusing on 
professional experience and academic qualifications. However, there 
continued to be some improvement in nondiscriminatory hiring of 
qualified individuals during the year. A few Shi'a professors, 
including women, were hired, and a Shi'a female professor was promoted 
to Dean of the College of Sciences at the University of Bahrain. 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 
requires organizers to notify the Ministry of Interior 72 hours before 
a public gathering or demonstration takes place. The law prohibits 
unauthorized public gatherings of more than five persons.
    The Government periodically limited and controlled political 
gatherings. On February 14, Bahrain's four main political opposition 
societies launched a 2-day conference on constitutional reform entitled 
``Towards a Contractual Constitution for a Constitutional Monarchy.'' 
Participants examined changes to the 1973 Constitution. Just prior to 
the conference, the Government barred 15 international speakers and 
participants from entering Bahrain, including a prominent MP and former 
Parliamentary Chairman from Kuwait. The Government alleged that the 
conference organizers had not obtained permission to hold the event. 
However, the law requires only that societies notify the Government, 
which the four opposition societies had done. Publicly, the Minister of 
Information justified the participation restrictions by stating that it 
would not allow foreigners to interfere in internal affairs.
    On February 21, Al-Ayam fired its foreign news editor and columnist 
allegedly because he participated in the Constitutional Conference. The 
columnist claimed that his employer was instructed by the Information 
Ministry to fire him.
    Demonstrations occurred throughout the year, not all of which were 
approved by the Government. Unless violent, the Government generally 
did not intervene. During the year, there were four violent incidents 
of political unrest. Numerous peaceful demonstrations protesting 
government policies also occurred, many organized by Al-Wifaq National 
Islamic Society, the country's largest political society. While the 
Government does not permit political parties, it has permitted some 
political activity by several political ``societies,'' including Al-
Wifaq. Since 2001, gatherings at social and political clubs for 
political discussions have been held regularly and without any obvious 
obstruction by the Government.
    Citizens peacefully demonstrated against the French law banning the 
hijab (head scarf) in public schools and government offices in France, 
the cancellation of the ``Big Brother'' television show, the frequency 
of electrical blackouts, the lack of housing, and high unemployment.
    On April 6, the press reported that the Ministry of Labor and 
Social Affairs sent letters to the four main opposition political 
societies threatening legal action if they followed through on their 
plan to hold a popular petition on April 21 to call for rejection of 
the 2002 Constitution. The Labor Minister previously made public 
announcements that such an action by the societies violated Article 29 
of the Law on Societies, which states that only duly constituted 
organizations and corporate bodies may address public authorities 
collectively. The four societies held the petition drive on April 30. 
During the event, police stormed the signature-collection stands and 
arrested 17 petitioners. Three detainees were released on bail on May 2 
for lack of evidence; 14 remained in prison (see Section 3).
    In early May, ``Relatives of the Constitutional Petition 
Detainees'' organized a series of demonstrations outside Parliament to 
protest the detention of the 14 petition gatherers. Approximately 150 
relatives gathered on several occasions in May to protest silently. 
During the last protest, four demonstrators were arrested for defying 
police orders to disperse. Three were released immediately; the fourth 
was released on bail of BD 200 ($530) after being charged with calling 
for unauthorized gatherings and gathering without permission. The law 
requires persons to notify police in writing 72 hours prior to a 
gathering. On May 20, the King released the 14 detainees, stressing the 
importance of democracy in the country. He also announced the opening 
of a dialogue between the Government and the four political opposition 
societies aimed at resolving the dispute over the 2002 constitution.
    The two violent demonstrations this year focused on international 
issues. On March 26, demonstrators marched from Al Suboor Mosque to a 
diplomatic mission after Friday prayers to hold a peaceful protest of 
the assassination of Hamas' founder and spiritual leader Ahmed Yassin. 
The crowd of demonstrators grew to 400, and a group of young rioters 
threw rocks at the police, who responded with tear gas. Rioters then 
burned refuse, tires, and trees. One demonstrator was injured, and a 
house reportedly caught fire after tear gas shells exploded inside. 
Police arrested eight protesters.
    On May 21, approximately 5,000 protesters expressed anger at U.S. 
military operations in Najaf and Karbala as well as U.S. support for 
Israel. Halfway through the rally, organized by the Islamic 
Enlightenment Society and the Al-Wifaq National Islamic Society, riot 
police attempted to redirect the protestors by setting up a roadblock. 
When the crowd refused to turn back, police fired tear gas and rubber 
bullets. Protesters responded by throwing stones at the police and 
burning a police jeep. There were 13 persons injured, including 5 
policemen. Shortly after the demonstration, King Hamad appointed a new 
Interior Minister and ordered an investigation of police conduct at the 
event. At the same time, he confirmed the people's right to protest 
(see Section 1.c.).
    In August, demonstrators protested against U.S. military operations 
in Najaf and demanded protection for the Imam Ali shrine. On August 13, 
a group of 8,000 demonstrators peacefully gathered around 2 main public 
squares in Manama. Parliament also condemned the attacks in Najaf, and 
Members of Parliament took part in the protest.
    On October 28, more than 1,000 persons demonstrated against the 
arrest of human rights activist Abd Al-Hadi Al-Khawaja. The protestors 
formed a ``car parade'' that disrupted traffic in the capital for 
hours. The press reported that police blocked the protesters and fired 
tear gas and rubber bullets to disperse the restless crowd. Two 
protestors were injured by rubber bullets or tear gas canisters. 
Twenty-five persons were arrested. All but 13 were released in the 
following weeks. The King ordered the other 13 released with Al-Khawaja 
on November 21 (see Section 2.a.).
    The Political Rights Law promulgated in July 2002 had a negative 
effect on the freedoms of speech and association (see Section 2.a.). 
The law, which the King told political societies to ignore, is intended 
to regulate election campaigns and 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.''
    The Constitution provides for the right of free association; 
however, the Government limited this right by preventing the formation 
of political parties, although the Government has authorized political 
societies to run candidates and support them financially, and it has 
permitted several NGOs, including human rights organizations, to 
conduct political activities.
    The 1989 Societies Law prohibits any activity by an unlicensed 
society and any political activity by a licensed society. The Ministry 
of Labor and Social Affairs has the right to reject the registration of 
any society whose services it deems unnecessary to society, are already 
being provided by another society, are contrary to state security, or 
are aimed at reviving a previously dissolved society.
    In May, the Ministry of Labor and Social Affairs warned the Bahrain 
Center for Human Rights (BCHR) for the second time since October 2003 
that it would revoke the Center's license if the center continued to 
conduct activities of a political nature (see Section 4). On September 
27, the Labor Minister dissolved the Center after holding a seminar on 
poverty at which a BCHR member criticized the Prime Minister (see 
Section 2.a.).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, in practice the Government placed some limitations 
on this right. The Constitution declares Islam as the official 
religion, and all other religious groups must obtain a permit from the 
Ministry of Justice and Islamic affairs in order to operate and hold 
religious meetings. 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 to manage a 
school. There were four Sikh temples, a synagogue, and several official 
and unofficial Hindu temples, located in Manama and its suburbs.
    The Government funds, monitors, and subjects 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. Although the region of Rifaa constitutes 
approximately 40 percent of the country's landmass, the Royal Court, in 
a letter dated April 27, denied an application for a Shi'a mosque 
citing that land in Rifaa cannot be allocated for commercial 
enterprises.
    Thirteen Christian congregations that were registered with the 
Ministry of Labor and Social Affairs operated freely and allowed other 
Christian congregations to use their facilities. In May, Ministry of 
Islamic Affairs officials participated in the Conference for Religious 
Freedom in Qatar. The 3-day seminar focused on Islamic-Christian 
dialogue. Since 1950, the Mar Thoma Syrian Church of Malabar has sought 
land from the Ministry of Islamic Affairs to build a church and to hold 
religious services. Though Mar Thoma is registered with the Government, 
the Ministry has still not responded to the church's formal 
applications. The National Evangelical Church allows Mar Thoma's 
congregation to use its facilities for early morning services; however, 
the facility can only accommodate half of Mar Thoma's congregation at 
any time.
    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. 
Religious tracts of all branches of Islam, cassettes of sermons 
delivered by sheikhs from other countries, and publications of other 
religions were readily available. However, on April 2, the Ministry of 
Information banned the film ``The Passion of the Christ'' because it 
depicts the prophet Isa (Jesus).
    The Ministry of Islamic Affairs has repeatedly denied a Baha'i 
congregation a license to operate. The Ministry views Baha'ism as an 
inauthentic offshoot of Islam, and it therefore refuses to recognize 
the congregation. The Baha'i congregation continued to practice its 
faith without government interference.
    The Government rarely interferes with what it considers legitimate 
religious observations. Public religious events, most notably the large 
annual 2-day national Shi'a holiday of Ashura, were permitted but 
monitored closely by police. 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 
chose to pursue religious study there.
    The Political Rights Law promulgated in July 2002 forbids election 
speeches in worship centers, but political sermons continued (see 
Sections 2.a. and 2.b.). 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.
    In April 2003, the Ministry of Interior lifted its ban on 
policewomen wearing veils, or headscarves. In July 2003, the King 
granted veiled women the right to drive, ending a decade-long ban. In 
July 2004, the Ministry of Defense lifted its ban on growing beards, a 
practice common among many Muslims. All military personnel who had been 
terminated for growing beards were reinstated. In August, the Cabinet 
reviewed a proposal to permit men to grow beards and women to wear 
veils while working for government departments.
    Discrimination against the Shi'a population remained a problem. 
Sunnis received preference for employment in sensitive government 
positions and in the managerial ranks of the civil service. The royal 
family is Sunni, and the defense and internal security forces were 
predominantly Sunni. Shi'a citizens were allowed to hold posts in these 
forces, though not in positions of significance. In September, the 
Interior Ministry established a community police program to train 500 
Shi'a men and women to patrol Shi'a neighborhoods. 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 public sector jobs and positions at 
the university. While Shi'a acknowledged that the situation was 
improving slowly, they still compose a disproportionately high 
percentage of the country's unemployed. Educational, social, and 
municipal services in most Shi'a neighborhoods, particularly in 
villages, were inferior to those found in Sunni urban communities.
    There were no acts of physical violence or harassment of Jewish 
persons or acts of violence against or vandalism of Jewish community 
institutions, such as schools, synagogues, or cemeteries. The 
Government has not enacted any laws protecting the right of Jews to 
religious freedom; however, it has not interfered with their religious 
freedom. The Government makes no effort to specifically promote anti-
bias and tolerance education. Some anti-Semitic political commentary 
and editorial cartoons appeared, usually linked to the Israeli-
Palestinian conflict.
    On April 30, unknown assailants vandalized the Zainab mosque. The 
mosque restrooms were rendered inoperable. The assailants destroyed all 
water faucets, fans, electrical switches, lamps, microphones, clocks, 
and audiotapes. The Director of the government agency responsible for 
managing government-held Shi'a properties sought police assistance to 
investigate the crime. At year's end, there were no results of the 
investigation.
    For a more detailed discussion, see the 2004 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 and prevention of return are prohibited. The 
Government generally respected these rights. Citizens were free to move 
within the country and change their place of residence or work.
    The 1963 Citizenship Law provides that 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. 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 Constitution permits the Government to revoke citizenship only 
in the cases of treason and other such cases ``according to the law.'' 
The Government has not revoked the citizenship of any person under the 
2002 Constitution.
    Opposition groups claimed that the naturalization process was 
politically driven to manipulate demographics for voting purposes and 
to avoid addressing the question of discrimination against Shi'a in 
sensitive government positions where employment is allegedly dominated 
by non indigenous groups. The Government complied with a 2003 
parliamentary committee's request for official naturalization data with 
the understanding that the committee keep the data confidential. The 
Government occasionally granted citizenship to Sunni residents, most of 
whom are from Jordan, Syria, the Arabian Peninsula, and Egypt. The 
Government stated that Saudis who recently received citizenship are the 
grandchildren of citizens who had emigrated to Saudi Arabia. According 
to the country's Nationality Law, these persons have a legal right to 
citizenship.
    The Constitution prohibits forced exile, and there were no reports 
of new cases of forced exile during the year. In May, the Royal Court 
granted 34 citizens living in exile the right to return to the country.
    Although the law does not include provisions for the granting of 
refugee status or asylum to persons who meet the definition in the 1951 
U.N. Convention Relating to the Status of Refugees or its 1967 
Protocol, there were no reports of the forced return of persons to a 
country where they feared persecution.
    The Government has not established a system for providing 
protection to refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their Government or their 
political system; however, the Constitution provides for a 
democratically elected Council of Representatives, the lower house of 
Parliament. The King appoints the Prime Minister, who then proposes 
Cabinet Ministers who are appointed by the King. Members of the ruling 
family held all security related Cabinet positions.
    The bicameral National Assembly consists of the elected Council of 
Representatives and the appointed Shura (Consultative) Council. Either 
of these chamber may propose legislation, but the Cabinet's Office of 
Legal Affairs must draft the text of laws. The King may veto laws 
passed by the National Assembly, which in turn 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 a two thirds majority vote of 
no confidence that requires a minister's resignation. The Council of 
Representatives 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 Representatives.
    In 2002, the country held its first national elections in nearly 3 
decades. Fifty-three percent of eligible voters elected 40 members to 
the Council, who shared legislative powers with the King and with the 
40 members of the Shura Council appointed by the King. The country also 
elected municipal councils, whose role is still being defined.
    There were no government candidates in the 2002 elections. Informed 
observers reported that the election campaigning and voting was 
generally free and fair; however, some candidates were not allowed to 
visually observe ballot counting, and there was incomplete reporting of 
election results. The Bahrain Transparency Society monitored the 
elections, in addition to a number of other local NGOs. Significantly, 
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.
    Women accounted for 52 percent of voters in the 2002 municipal 
election. The Government did not publish the percentage of women voters 
in the legislative election. Although no women were elected in either 
election, two of the six women that that ran for the Council of 
Representatives forced their competitors into run offs in which each 
woman received more than 40 percent of the vote.
    Political parties are prohibited, but a number of ``societies'' 
operate much like political parties, holding internal elections, 
campaigning for public support, and hosting political gatherings (see 
Section 2.b.). Al-Wifaq National Islamic Society, the country's largest 
political society, was joined by three other political societies in 
boycotting the elections, citing grievances over the constitutional 
provisions that equalize the powers of the elected Council of 
Representatives and the appointed Shura Council. On June 7, the 
Parliament defeated a political parties draft law. The Political Rights 
and Election Laws restrict the freedoms of speech and association (see 
Sections 2.a. and 2.b.).
    On April 30, police arrested 14 opposition society youths for 
distributing pamphlets and collecting signatures for a petition calling 
for constitutional reform (see Section 2.b.). The youths were charged 
under Articles 160, 165, 166, and 169 of the 1976 Penal Code, all of 
which pertain to ``crimes against the internal security of the state.'' 
Specifically, the Public Prosecutor accused them of not limiting 
signatures to society members and using coercive language in the 
pamphlets. One newspaper reported that many elderly and illiterate 
citizens were brought to centers to sign the petition despite not 
understanding its content. The Minister of the Royal Court also stated 
that collecting signatures on a petition is illegal because only the 
King and the National Assembly may call for constitutional change.
    The parliamentary investigation into the alleged financial 
corruption involving management of government-controlled pension funds 
continued. The director general of the General Organization for Social 
Insurance first raised concerns about the funds in April 2003 when he 
announced that the organization would be bankrupt by 2023. According to 
the investigation's initial findings in January 2004, the Government 
lost BD 750 million ($ 1.9 billion) due to poor investments and 
administrative mismanagement. The Parliamentary Investigative Committee 
demanded that the Government repay the lost funds, implement oversight, 
and restructure fund boards. The Prime Minister publicly endorsed the 
Committee's recommendations. This investigation was marked by open 
discussion of this financial scandal. The Prime Minister personally 
appointed directors-general to each fund and restructured the pension 
fund board to consist of 15 members. The country's labor federation, 
the General Federation of Bahrain Trade Unions (GFBTU), criticized the 
Cabinet for changing the pension fund laws without its consultation, 
and segments of the public called for the dismissal of the ministers 
responsible for the mismanagement. The Parliament did not call for a 
vote of no confidence to remove the three ministers involved.
    The King has appointed six women to the Shura Council. The Ministry 
of Cabinet Affairs reported that women held nine percent of senior 
civil service posts. Health Minister Dr. Nada Haffadh, appointed April 
27, was the first female minister in the country. There were four 
female assistant secretaries and 52 female general directors in the 
Government. Four women were appointed as Bahrain's first female 
prosecutors, representing 15 percent of all public prosecutors.
    The majority of women in Government worked in positions of lower 
significance; only a few attained senior positions within their 
respective ministries or agencies. In May, the Ministry of Defense 
promoted two women officers to the rank of colonel. They were the first 
women to hold this rank in the BDF.
    The majority of 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. 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.
    The King appointed a Christian and a Jewish member to the Shura 
Council. Twenty one Shura Council members were Shi'a Muslims and 
seventeen 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. There are 386 NGOs registered in the country. NGOs 
must report to the Ministry of Labor when their members participate in 
international NGO events.
    In July, the Bahrain Human Rights Society (BHRS) released its 
second annual report in which it praised the Government's commitment to 
human rights and the democratic process; however, the report pointed 
out insufficient legislation in various sectors. The report noted for 
instance that the law does not adequately protect domestic servants 
against abuse. The report also criticized political societies for 
mixing politics with religion and using mosques and community centers 
to promote their agendas. The BHRS offered recommendations, which 
included amending legislation to bring it in line with the principles 
of the constitution and international resolutions, ratifying 
international resolutions, and implementing domestic law to protect the 
rights of expatriate workers.
    On May 12, the Labor Ministry sent a letter to the BCHR stating 
that it would revoke the Center's license if it continued to conduct 
political activities, which are prohibited according to Article 18 of 
the Law on Societies. The letter did not specify the political 
activities in which BCHR had engaged. However, on April 30, the BCHR 
had organized a peaceful protest calling for the release of 25 persons 
detained for petitioning for constitutional change. On June 27, the 
Labor Ministry sent a letter instructing BCHR to stop working on 
establishing a victim assistance shelter, citing that this activity is 
not within the purview of its bylaws; however, with the endorsement of 
the Ministry of Foreign Affairs, BCHR raised more than BD30,000 
($75,000) to establish a shelter for abused runaway housemaids. On 
September 27, the Labor Ministry issued a press release to the local 
newspapers announcing the dissolution of BCHR prior to any notification 
to BCHR President or the board. The property was locked and bank 
accounts frozen. The BCHR challenged its closure, and the case remained 
in the courts at year's end (see Section 2.a.).
    In recent years, the Government has allowed increased access 
between civil society and international human rights organizations. 
During the year, there were no reports of Government harassment of 
these groups or their members.
    On March 15, the ICRC held its fourth annual Middle East and North 
Africa (MENA) conference in the country.
    In March, an official from Human Rights Watch (HRW) participated in 
a BCHR fundraiser for a victim assistance shelter and spoke at a BCHR 
public forum on human rights.
    In August, Amnesty International visited the country to gather 
information on violence against women.
    There are no parliamentary human rights committees; however, the 
efforts of a Shura Council member led to the establishment of the 
Bahrain Human Rights Watch Society (BHRWS) on December 11. The Society 
planned to monitor and report on the human rights situation in the 
country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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.--Spousal abuse was widespread, particularly in poorer 
communities. In August, a prominent clinical psychologist, based on a 
study of 605 women of varying ages, social statuses, and educational 
backgrounds, concluded that 30 percent of the country's married women 
have been subjected more than once to verbal, physical, or 
psychological spousal violence. However, there were very few known 
instances of women seeking legal redress for violence, and 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. Rape is illegal; however, because marital relations are 
governed by Shari'a, spousal rape is not illegal.
    It was not uncommon for foreign women working as domestic workers 
to be beaten or sexually abused by their employers and recruiting 
agents (see Sections 6.c. and 6.e.). Numerous cases were reported to 
local embassies, the press, and the police; however, most victims were 
too intimidated to sue their employers. Courts reportedly allowed 
victims who did 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.). In September 2003, the National Democratic Action 
Society (a political society that boycotted the 2002 elections) alleged 
that the Ministry of Tourism's Inspectorate Division was corrupt and 
had allowed a flourishing trade of trafficking in persons and 
prostitution. The Government refuted the charge, and the author of the 
article has been charged with defamation of character under the press 
law (see Section 2.a.).
    In July, authorities rounded up hundreds of women from Uzbekistan, 
Ukraine, and Bulgaria who had entered the country on 2-week multiple 
entry visas. They were charged with overstaying their visas. Some 
runaway housemaids resorted to prostitution because they were unable to 
legally secure a new employer. On July 10, the Central Security 
Directorate raided an establishment that held four runaway housemaids 
engaged in prostitution.
    Female genital mutilation (FGM) is not practiced in the country. 
There is no specific law that prohibits FGM.
    Women's specific legal 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. Since 2002, women have filed complaints with the Ministries 
of Justice and Islamic Affairs against several Shari'a judges, arguing 
that women were often treated unfairly in these courts. In March, the 
Justice Minister dismissed five Shari'a court judges and suspended a 
sixth for corruption and disreputable behavior (see Section 1.e.).
    Shi'a and Sunni women have the right to initiate a divorce; 
however, 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 sect may own and inherit property and 
may represent themselves in all public and legal matters. In the 
absence of a direct male heir, Shi'a women may inherit all property. In 
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 use wills and other legal maneuvers to ameliorate the 
negative effect of these rules.
    In divorce cases, the courts routinely grant Shi'a and Sunni 
mothers custody of daughters under age 9 and sons under age 7, although 
custody usually reverts to the father once the children reach those 
ages. Regardless of custody decisions, 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 the legal 
age of 21. 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 are automatically considered to be Muslim. 
Women may obtain passports and leave the country without the permission 
of the male head of the household.
    In July, Parliament amended Article 13 of the 1975 Passports Law 
and granted a married woman the right to apply for a passport without 
her husband's consent. On August 7, the Government announced that 
children born to citizen mothers and foreign fathers would receive 
citizenship.
    In February, the Public Works and Housing Minister issued an order 
granting widows, divorcees, and other women with child dependents the 
ability to apply for government housing and loans. The Government also 
granted divorcees the right to remain in their ex-husband's home while 
they raised their children. However, the new regulation applies only to 
homes granted by the Ministry or built with loans from the Ministry. In 
December 2003, more than 100 protesters, including many divorced women, 
staged a sit-in outside of the Ministry of Public Works and Housing, 
demanding the settlement of their housing and loan requests. The 
protesters claimed that the distribution of housing was discriminatory; 
thousands of persons had been on the waiting list for 15 to 20 years 
while some recent applicants received housing immediately. On October 
4, in response to parliamentary demands, the Prime Minister announced 
plans to reduce the waiting period for families to receive housing, to 
make more land available for construction of new housing units, to 
devote more attention to the housing demands of low income families, 
and to ease the housing loan process. He said that the cost for these 
plans will be reflected in the 2005-06 national budget.
    On September 19, the Government approved a plan to establish an 
alimony fund for divorced women with children whose ex-husbands did not 
pay required alimony. The fund had not been established at year's end.
    According to the Ministry of Commerce, women constituted 16.6 
percent of the total workforce. The Government has publicly encouraged 
women to work and was a leading employer of women, who constituted 40.4 
percent of the government workforce and included university professors, 
public school teachers, and employees in the public health and social 
sectors. In August, the Traffic Directorate started training women to 
become traffic police. On September 6, the Ministry of Interior 
accepted applications for 100 women to serve on community police 
forces.
    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, and the influence of 
religious traditionalists sometimes has hampered women's constitutional 
rights despite their participation in the work force.
    Laws do not recognize the concept of equal pay for equal work, and 
women frequently were paid less than men. In November, the Cabinet 
Affairs Ministry reported that women hold 9 percent of senior civil 
service posts, up from 7 percent in 2003. In December 2003, the BCHR 
released a report on employment discrimination. According to the 
report, Shi'a citizens, who account for 66 percent of the country's 
citizens, held 101 of 572 (18 percent) high-ranking posts.
    Sexual harassment is prohibited; however, it was a widespread 
problem for women, especially foreigners working as domestics and other 
low level service jobs. In May, a Lower Criminal Court official dropped 
a case of sexual harassment against a Member of Parliament when the 
general prosecutor's office sent a letter to the court stating that the 
MP had immunity. The offenses allegedly took place in 2001 before he 
became a parliamentarian in 2002.
    The number of women holding business licenses has increased 41.7 
percent from 2001-03 and 7 percent from 2003-04. According to the 
Ministry of Commerce, commercial registrations for women accounted for 
31 percent of all registrations.
    The president of the University of Bahrain is a woman. Women 
compose 70 percent of the students at the country's universities, 
although some women complained that admissions policies at the 
University of Bahrain discriminated against qualified female 
applicants, especially Shi'a women. This year, 68 percent of new 
students accepted into the university were women.
    Large numbers of women's organizations seek to improve the status 
of women under both civil and Islamic law. Some of the most active 
women's groups are the Bahrain Businesswomen Society (BBS), Bahrain 
Women's Society (BWS), and the Mustaqbal Society. The Supreme Council 
of Women was established by royal decree and is directed by the First 
Lady, Her Highness Shaikha Sabika bint Ebrahim Al-Khalifa.

    Children.--The Government has often stated 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. Starting in the 2004-05 academic year, ``family 
education'' will be taught to both boys and girls in the last year of 
primary school. Previously, only girls were instructed in this subject, 
which covers reproductive education and nutrition. According to the 
U.N. Children's Fund (UNICEF), 85 percent of school-aged children are 
enrolled. Most students finish secondary school.
    Limited medical services for infants and preadolescents were 
provided free of charge. Non-citizen adults and children pay less than 
$3 per visit for care at health centers. Fees for operations vary 
according to the costs of the hospital.
    Civil law based on tradition and religion shape the social status 
of children. 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. In 2002, a 13-year old girl 
disappeared after reportedly being abused by members of her family. 
According to the local media, the case received attention at the 
highest levels of Government, but despite the Prime Minister's public 
charge to the police to find her, she remained missing.
    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. 
There were no reports of child prostitution during the year.
    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 the Government and private sources, 
provided shelter for children whose parents were unable to care for 
them. The Bahrain Women Society has established a ``healing center'' to 
offer counseling, workshops, and therapy to victims of child abuse. The 
Society implemented a 24-hour hotline for victims of sexual and 
physical abuse.
    There were very few reports of arrests and detentions of juveniles 
during the year, and those who were arrested reportedly were released 
soon thereafter.

    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 and Eastern Bloc 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. Up to half of low 
and unskilled expatriate workers were subjected to contract 
substitution and this was often due to the duplicity of recruiting 
agents in the worker's home country. Victims of this form of 
trafficking experienced withholding of passports by employers, 
alteration of contracts without their consent, nonpayment of salaries, 
or extremely long working hours.
    There were also allegations from runaway housemaids that 
recruitment agencies make it a practice to rape incoming housemaids.
    Frequently, citizen traffickers within the country--including those 
within influential families--bribed new workers to pay a substantial 
fee (up to $1,200) to receive what turned out to be fraudulent visas 
for nonexistent jobs. The Government has taken measures to fight this 
illegal practice. In June, 10 companies faced court action for selling 
over 150 fraudulent visas. On August 3, the Ministry of Labor and 
Social Affairs (MOLSA) referred 43 business owners to the Public 
Prosecutor on allegations of selling fraudulent visas.
    On July 17, MOLSA revoked the licenses of two manpower agencies for 
overcharging housemaids for processing work contracts. Two other 
agencies were under investigation for allegations of raping housemaids.
    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 and 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 has taken positive steps to combat trafficking; 
however, trafficking remains a problem. A ``National Task Force'' 
committee published pamphlets on expatriate workers' rights in several 
languages, provided manuals on these rights to local diplomatic 
missions, and installed a telephone hotline for victims. Victims of 
trafficking may seek assistance from their embassies, although the 
Government did not provide direct assistance to victims. On July 18, 
the Labor Ministry established a joint subcommittee with the Pakistani, 
Bangladeshi, Filipino, and Indian Ambassadors. The committee will meet 
semiannually to address labor issues affecting foreign workers.
    In 2003, the Labor Ministry increased the number of inspectors from 
9 to 40 and granted them the authority to inspect foreign labor camps. 
During the year, MOLSA trained an additional 30 inspectors. There were 
an additional 20 inspectors for entertainment outlets under the 
Information Ministry's Tourism Affairs Office.
    In December 2003, the Parliament ratified the U.N. Convention 
against Transnational Organized Crime and two protocols to prevent, 
suppress and punish trafficking in persons, especially women and 
children and smuggling of migrants by land, sea, and air.

    Persons With Disabilities.--The Labor Ministry estimated the number 
of persons with disabilities at 7,000 in 2002, but the International 
Labor Organization (ILO) estimated that persons with disabilities 
accounted for 4 percent of the population--approximately 24,000 
persons.
    There were no reports of discrimination against persons with 
disabilities in employment, education, or access to health care. The 
law protects the rights of persons with disabilities and a variety of 
governmental, quasi governmental, and religious institutions are 
mandated to support and protect persons with disabilities.
    The Government's housing regulations require that access be 
provided to persons with disabilities, although enforcement is random. 
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 non-residential buildings for 
persons with disabilities.
    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 
it maintains a list of certified, trained persons with disabilities. 
The Directorate of Social Welfare and Rehabilitation announced that 577 
students with disabilities will start vocational training at centers 
for persons with disabilities, an increase of 87 students from last 
year and 187 from 2 years ago.
    The 1976 Labor Law 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 
does not monitor compliance. The Ministry of Labor and Social Affairs 
placed persons with disabilities in public sector jobs, such as public 
telephone exchanges.
    A 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.

    National/Racial/Ethnic Minorities.--Article 3 of the 1963 
Citizenship Law grants naturalized citizenship to Arab applicants 
residing in the country for 15 years and to non-Arab applicants 
residing in the country for 25 years.
    In 2003, the Council of Representatives formed a committee to 
investigate the naturalization process and allegations that the 
Government illegally naturalized persons who did not reside in the 
country. On January 25, the Committee reported to the press that 
citizenship was granted to more than 300 persons who did not have 
permanent residence in the country. The committee's report pointed out 
that political naturalization has a negative impact on security and 
socio-economic conditions. It recommended amending the law and 
restructuring the Citizenship Directorate. On March 13, six political 
societies submitted detailed reports and photographic samples of 
naturalized passports to the Undersecretary of Immigration and 
Passports. To date, the Government has not responded.
Section 6. Worker Rights
    a. The Right of Association.--In 2002, the King promulgated a new 
law on labor unions that, for the first time, granted workers the right 
to form and join unions. The law also grants noncitizens the right to 
join unions. There were 39 trade unions in the country. In June 2003, 
the King confirmed the right to form unions at government ministries. 
Since then, five public unions have been established. This law and the 
Labor Union Law also improved the legal status of foreign workers.
    The Labor Union Law established a union federation, the General 
Federation of Bahraini Workers (GFBW) which provides that all unions be 
members of the GFBW. During the year, the GFBW board renamed the 
federation the General Federation of Bahrain Trade Unions. 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. As 
of September, only one federation of trade unions existed in the 
country, despite criticism from the ILO, which called for multiple 
federations.
    The law allows union membership for private sector, civil service, 
and maritime workers; however, soldiers (or members of the military) 
are prohibited from joining workers in unions of the civil service, and 
of maritime workers.
    The law does not address anti-union 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 
have yet joined an internationally affiliated trade union organization. 
No internationally affiliated trade unions exist in the country.
    Women activists have been trying since 2001 to establish the 
Bahrain Women's Union and continued to face setbacks during the year. 
The Labor Ministry refused to issue the license because it insists that 
the group change their name to the Bahrain Women's Society. The women 
disagreed with the name change since the union would bring together 12 
societies to advocate women's rights, press for legislative changes, 
and prepare women for political roles. One of the group's priorities is 
the creation of a personal law to protect the rights of families, 
women, and children. In September, the preparatory committee filed a 
civil suit against the Government. To date, this case has not been 
decided.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively. Unions can 
be formed at establishments of any size. Employers and the Government 
are required to treat unions as independent juristic entities.
    The 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 is not yet clear whether the 
arbitration is 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 labor and business 
sectors and from the Government have examined this ambiguity but are 
not interested in changing it.
    In March, Seef Properties fired 34 employees without notice or 
severance. The President of the workers' union negotiated the highest 
compensation package ever paid to a dismissed private sector employee, 
a 6-month severance package. Union negotiators hoped for re-employment.
    There are no special laws or exemptions from regular labor laws in 
export processing zones.

    c. Prohibition of Forced or Compulsory 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 Government also prohibits forced or compulsory child 
labor, and there were no reports that such practices occurred.
    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 remain unaware of their rights and obligations under the law. 
After 1 year in a position, a foreign worker is allowed to break this 
contract and look for other work. Prospective employees must present 
the new employer with a ``No Objection Certificate'' (NOC) from the 
previous employer. After 2 years in a position, expatriate employees 
may change jobs locally without the approval of the original sponsor 
and within the duration of their contract period, provided the original 
employer was notified in writing months in advance. Many foreigners 
have been unable to obtain NOCs to get a new job.
    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 withheld 
salaries from their foreign workers for months and even for years, 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.).
    Statistics provided by the Bahrain Center for Human Rights Migrant 
Workers Group indicated that 22 construction workers committed suicide 
in 2003. In the first 3 months of the year, 11 expatriate workers 
committed suicide. According to the report and related press articles, 
many of these workers were under financial strain, suffered exhaustion, 
and missed their families back in their home countries.
    In May, 10 Filipino retail workers presented their case to the 
Justice Ministry charging their employer with contract substitution, 
unpaid overtime, and sexual harassment. The case was settled amicably. 
At the workers' request, the employer gave them their overdue salaries 
and paid for their plane tickets to the Philippines.
    On July 5, BCHR negotiated a BD 15,000 ($40,000) settlement with 
employer Al Owainati Construction Company to pay 22 Indian runaway 
workers their overdue salaries, unpaid overtime, leave entitlement, and 
indemnity pay.
    On July 5, the Cabinet approved legal action to establish a Control 
Bureau to resolve disputes between workers and employers through 
negotiations.
    The Government worked to decrease instances of abuse by passing a 
law assessing a BD 500 to BD 1,000 ($1,300 to $2,650) fine for 
employers found guilty of forced labor. Claims of runaway workers in 
the country have dropped dramatically since May 2003. The new rules 
require sponsors to pay a BD 250 ($600) deposit per employee for each 
report of a runaway.
    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 to 40 percent of the attempted suicide cases 
handled by the Government's psychiatric hospitals were foreign maids 
(see Section 6.e.).
    It was estimated that there were 50,000 foreign housemaids working 
in the country who are predominantly of Sri Lankan, Indonesian, Indian, 
and Filipino origins. During the year, there were 19 incidents of 
seriously abused housemaids reported in the press and another 50 cases 
that have been reported directly to the Philippine Embassy. In 2003, 
the Philippine, Indian, and Bangladeshi embassies proposed a four point 
agenda to ensure the protection of housemaids. The agenda included 
creating a separate labor law for housemaids, formulating a standard 
contract guiding the hiring of housemaids, setting a standard minimum 
wage, and abolishing the practice of employers retaining the 
housemaids' passports. This agenda has not yet been introduced to the 
National Assembly.
    Housemaids that have no embassy representation in the country 
(Indonesian and Sri Lankan) are often subject to the worst types of 
physical and sexual abuse. With no diplomatic mission to protect them 
and no established victim assistance shelter, runaway housemaids have 
often been returned by untrained police to abusing employers.
    Since February 2003, the Philippine Embassy has requested that all 
Filipinos register with the embassy so it can track ``undocumented'' 
workers. Registration with the Philippine Embassy allows them certain 
benefits, including scholarships for vocational courses and medical 
insurance.
    In August, the Indian Embassy held an open house to register all 
Indian workers in the country. The mission announced its disappointment 
with the low turnout.
    As in 2003, there were numerous reports of employers and recruiting 
agents raping and beating housemaids. Some housemaids also suffered 
injuries escaping employers. On February 8, two Indian housemaids who 
were physically abused fled their employers. They lived on the street 
for two months before church staff found them and referred them to the 
Bahrain Center for Human Rights.
    On March 6, a 13-year old Indonesian housemaid (whose passport 
indicated she was 24 years old) was found severely beaten and burned 
wandering downtown Manama. The same night a Sri Lankan housemaid was 
dropped off at a manpower agency after her employer tied her to a table 
and raped her repeatedly at knife-point.
    On March 14, an Indian housemaid committed suicide in her 
employer's home.
    On July 4, a man visited a recruitment agency in search of work. 
There he saw an Indian housemaid who was beaten and locked in the back 
room. He reported it to BCHR and the police. Police visited the agency 
and received assurances from the agency owner that he would take the 
housemaid to the Indian embassy. Instead, he took her to the airport 
where she was arbitrarily deported. The BCHR filed a case with the 
Public Prosecutor. The case is pending.
    On July 26, a Filipino housemaid fell four stories from the window 
of a manpower agency while attempting to escape after being locked for 
days in the agency offices. She suffered serious spinal and leg 
injuries.
    On July 27, a Bangladeshi housemaid accused her employer of rape. 
The employer's brother-in-law turned him in to the police.
    On August 9, police took a citizen owner of a manpower agency into 
custody after an Indonesian housemaid alleged he raped her.
    On August 20, an Indian housemaid who was locked in her room for 3 
months was freed by police after alerting them by screaming from her 
window.
    On January 28, the Higher Civil Appellate Court commuted the 
sentence of the Ethiopian maid who killed her employer in 2003 from 
death to life in prison.
    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 5, Trafficking). In September 2003, the press reported 
allegations of corrupt Ministry of Tourism inspectors. The inspectors' 
job ensures hotels' compliance with tourism and labor laws. To date, an 
investigation into the problem remained pending.

    d. Prohibition of Child Labor 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.
    The law prohibits forced and compulsory child labor, and the 
Government enforced this prohibition effectively (see Section 6.c.).

    e. Acceptable Conditions of Work.--The country does not have an 
official minimum wage; however, the Government issued guidelines in 
2002 that the public and private sectors should pay workers no less 
than BD150 ($398) 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 suggested. 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 is enforced by the Ministry of Labor and Social 
Affairs and mandates acceptable conditions of work for all adult 
workers, including adequate standards regarding hours of work (a 
maximum of 48 hours per week) and occupational safety and health. Under 
the Labor Law, workers have the right to remove themselves from 
dangerous work situations without jeopardy to their continued 
employment.
    In June 2003, the Ministry of Labor and Social Affairs established 
a hotline to take calls to respond to complaints about working 
conditions, delay in salary payments, and other related issues. A 
separate hotline was established to receive information about illegal 
workers. Due to limited training for staff, it was reported that 
sometimes calls went unanswered. In December, an international NGO 
trained the hotline staff.
    The Ministry enforced the law with periodic inspections and routine 
fines for violators. In February 2003, the first group of 11 new labor 
inspectors graduated from training. In May 2003, the Ministry of Labor 
and Social Affairs increased the number of inspectors to 40. These 
trained inspectors will also visit labor barracks to ensure that 
workers' accommodations meet the necessary safety and hygiene 
standards. The inspectors are only authorized to inspect premises that 
have a commercial registration.
    Most of the 50 Asian workers who filed complaints at the Ministry 
of Labor and Social Affairs after falling victim to fraud by a local 
company were repatriated.
    The press often performed an ombudsman function on labor problems, 
reporting job disputes and the results of labor cases brought before 
the courts. The BCHR has also volunteered to assist the Ministry of 
Labor and Social Affairs with inspections and monitoring. 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 
consists of three labor courts and 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 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 are 
considered to favor the employee.
    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. Some 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.
    The law provides that 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.
    Legislation permits all workers except domestics to change jobs 
without obtaining a NOC 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). In 2003, 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 
suggested that unskilled foreign laborers were also at risk of suicide.
    The Government has set occupational health and safety standards and 
identified agencies responsible for enforcement. Under the Labor Law, 
workers have the right to remove themselves from dangerous work 
situations without jeopardy to their continued employment, but during 
the year there were no reports of workers attempting removal.
    On April 10, a Bangladeshi construction worker died when he fell 
from a four-story building. On July 17, a housing camp for 60 
construction workers collapsed. No one was injured in the collapse but 
the 60 workers had to find temporary shelter. On July 26, three 
construction workers suffered extreme exhaustion, collapsing from 
working in excessive heat.
    The Government and NGOs held several occupational safety seminars 
throughout the year.

                               __________

                                 EGYPT

    The Arab Republic of Egypt has been governed by the National 
Democratic Party (NDP) since the party's establishment in 1978. The NDP 
continues to dominate national politics and has maintained an 
overriding majority in the popularly elected People's Assembly and the 
partially elected Shura (Consultative) Council. Islam is the state 
religion. 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 1971 Constitution provides for an independent 
judiciary; however, it is subject to influence by the Executive, and 
application of the 1981 Emergency Law undermined its independence. The 
Government continued to use the Emergency Law to try non-security cases 
in the emergency and military courts. Corruption was a problem.
    The Ministry of Interior controls the State Security Investigations 
Service (SSIS), which conducts investigations and interrogates 
detainees, and the Central Security Force (CSF), which enforces curfews 
and bans on public demonstrations. Security forces continued to arrest 
and detain suspected terrorists. The President is commander-in-chief of 
the military. The Government maintained effective control of the 
security forces, which committed numerous, serious human rights abuses.
    The country is transforming from a government-controlled economy to 
a free market system; however, state-owned enterprises still dominated 
some key sectors of the economy. The country had a population of 
approximately 70.5 million. Approximately 30 percent of the population 
worked in the agriculture sector, which is almost entirely privately 
owned. An estimated 3 to 5 percent of the population 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 were 
vulnerable to external shocks. Approximately 17 percent of the 
population live in poverty, but the poor performance of the economy 
over the past 4 years likely has increased that figure.
    The Government respected human rights in some areas; however, its 
record was poor, and in many areas serious problems remained. Citizens 
did not have the meaningful ability to change their government. The use 
of military courts to try civilians and Emergency Courts to try 
political cases continued to infringe on a defendant's constitutional 
right to a fair trial before an independent judiciary. The 1981 
Emergency Law, extended in February 2003 for an additional 3 years, 
continued to restrict many basic rights. The security forces continued 
to mistreat and torture prisoners, arbitrarily arrest and detain 
persons, hold detainees in prolonged pretrial detention, and 
occasionally engage in mass arrests. Local police killed, tortured, and 
otherwise abused both criminal suspects and other persons. Police 
continued to arrest and detain homosexuals. The Government partially 
restricted freedom of the press and significantly restricted freedom of 
assembly and association. The Government placed some restrictions on 
freedom of religion. Domestic violence against women remained a 
problem. Female genital mutilation (FGM) persisted, despite government 
and nongovernmental efforts to eradicate the practice. Tradition and 
some aspects of the law discriminated against women and religious 
minorities, including Christians and particularly Baha'is. The 
Government limited workers' rights. Child labor remained widespread, 
despite government efforts to eradicate it. Exposure of workers to 
hazardous working conditions and other employer abuses continued.
    During the year, the Government convicted 14 police officers for 
abuse and torture of prisoners. The Government abolished State Security 
Courts in 2003 but continued to use Emergency Courts. The Government 
established the National Council for Human Rights. The Government 
generally permitted human rights groups to operate without 
restrictions; although several groups encountered difficulty 
registering under the NGO law, they developed alternate means to 
conduct their work.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary and Unlawful Deprivation of Life.--There were no 
reports of political killings; however, during the year, human rights 
organizations and the press reported that at least 10 persons died in 
custody at police stations or prisons.
    In June, the Egyptian Organization for Human Rights (EOHR) issued a 
report entitled ``Torture: An Unchecked Phenomena,'' in which it 
documented 41 cases of torture in police stations resulting in 15 
deaths in custody from April 2003 to April 2004. EOHR also asserted 
that from April 1993 to April 2004, it documented 412 cases of torture 
in police stations, including 120 cases where detainees died as a 
direct result of torture.
    On February 25, police arrested Sayyed Mustafa for defaulting on a 
loan. They tortured him at Awseem police station in Giza Governorate. 
On March 20, police transferred him to Qasr El Eini hospital, which 
declined to admit him, apparently for fear that the hospital would be 
held liable for his condition. The police returned him to Awseem, where 
he died the same day. The Public Prosecutor ordered an investigation, 
the results of which remained unavailable at year's end.
    Following the arrest of 52 Muslim Brotherhood (MB) members in May, 
one of the detainees, Akram Abdel Aziz El Zuhairy, died in custody. The 
MB leadership said that he died from torture. MB members of Parliament 
called for an immediate investigation, which led to the formation of a 
committee that visited Tora prison in June where the other 51 MB 
members were being held. The Ministry of Interior denied the torture 
allegations, and instead claimed that Zuhairy hit his head while being 
transported between detention and a meeting with prosecutors. On June 
15, the Office of Forensic Medicine issued a report asserting that 
there were no signs of injury to Zuhairy's body.
    On August 27, 2 detainees died and 18 others required 
hospitalization for asphyxiation/heat exhaustion after police 
transported them in poorly ventilated trucks to Cairo from Saloum, on 
the Libyan border. These dead and injured were part of a group of 80 
young men who had illegally crossed the Libyan border for the eventual 
purpose of seeking work in Italy. Libyan authorities arrested the men 
and deported them in air-conditioned buses. Egyptian authorities, 
however, used two enclosed non-air-conditioned police trucks for the 
12-hour trip to Cairo. Upon arrival at Khalifa Police Station, 2 
detainees had died and 18 others needed hospitalization. A number of 
the detainees further said that police officers beat them during the 
trip after they pleaded for better ventilation. The Minister of 
Interior and the Office of the Public Prosecutor ordered immediate 
investigations, but at year's end had not publicized their findings.
    The investigation into the deaths of five prisoners in 2002 at 
Ghurbaniyat Prison in Alexandria reportedly was completed, although the 
Government has declined to publicize its findings.

    b. Disappearance.--Human rights monitors continued to call 
attention to unresolved cases of disappearance during the year. The 
February 2003 disappearance of Adel Mohammed Kamiha, a coffee shop 
owner who reportedly disappeared following his transfer from police 
custody to State Security in Alexandria, remained unsolved.
    In August 2003, Reda Helal, a journalist, disappeared. The police 
initiated an investigation into his disappearance; however, Helal's 
whereabouts continued to be unknown at year's end. Despite continued 
speculation by human rights groups that the Government might be 
withholding information about his disappearance, there was no evidence 
to support this assertion.
    On March 31, the Human Rights Association for the Assistance of 
Prisoners (HRAAP) filed suit against the Ministry of Interior and the 
Yemeni Embassy in Cairo to determine the whereabouts of Brigadier Ahmed 
Salem Ebeid, a Yemeni citizen and former Yemeni Deputy Minister of 
Defense and former Minister of Information. Ebeid, who had resided in 
Egypt since 1994, disappeared on February 18. HRAAP asserted that the 
Government exchanged Ebeid, alleged by Yemeni authorities to be an 
opposition member, for an Egyptian terror suspect in Yemeni custody. In 
a December 8 hearing, HRAAP lawyers showed that Ebeid was no longer in 
Egypt. The next hearing is scheduled for February 2005.
    On April 18, HRAAP appealed to President Mubarak to investigate the 
disappearances of 29 individuals who had been arrested by State 
Security officers, dating back to 1989. Most prominent among these 
cases is a former Libyan Deputy Foreign Minister who disappeared in 
1992.
    During the year, EOHR reported that it was following 59 cases of 
disappearance within the country since 1992. Domestic human rights 
organizations provided names to the U.N. Working Group on Enforced and 
Involuntary Disappearances; the Government reportedly has denied 
involvement in any of 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 remained common and persistent. According to the U.N. 
Committee Against Torture, a systematic pattern of torture by the 
security forces exists, and police torture resulted in deaths during 
the year (see Section 1.a.).
    Under the Penal Code, torture or giving orders to torture are 
felonies punishable by 3 to 10 years imprisonment. For death resulting 
from torture, the crime is considered intentional murder punishable by 
a life sentence. Arrest without due cause, threatening death, or using 
physical torture are crimes punishable by imprisonment. Abuse of power 
to inflict cruelty against persons is a crime punishable by 
imprisonment and fines. In June 2003, the Government abolished hard 
labor as a punishment.
    Victims may also 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 detainees. Human 
rights groups reported that the State Security Investigations Service 
(SSIS), police, and other government entities continued to employ 
torture to extract information, coerce opposition figures to cease 
their political activities, and to deter others from similar 
activities. Reports of torture and mistreatment at police stations 
remained frequent. In prominent cases, defendants alleged that police 
tortured them during questioning (see Sections 1.e. and 2.c.). Although 
the Government investigated torture complaints in some criminal cases 
and punished some offending officers, punishments generally have not 
conformed to the seriousness of the offense.
    Principal methods of torture reportedly employed by the police and 
the SSIS included stripping and blindfolding victims; suspending 
victims from a ceiling or doorframe with feet just touching the floor; 
beating victims with fists, whips, metal rods, or other objects; using 
electrical shocks; and dousing victims with cold water. Victims 
frequently reported being subjected to threats and forced to sign blank 
papers for use against themselves or their families should they in the 
future complain about the torture. Some victims, including male and 
female detainees and children, reported sexual assaults or threats of 
rape against themselves or family members. While the law requires 
security authorities to keep written records of detentions, human 
rights groups reported that the lack of such records often effectively 
blocked investigation of complaints.
    The Emergency Law authorizes incommunicado detention for prolonged 
periods. Detentions under this law frequently were accompanied by 
allegations of torture (see Section 1.d.).
    In May, the Government's Central Audit Agency directed the Ministry 
of Interior (MOI) to require any security/police officers found to be 
responsible for torture to be financially liable for any judgments 
levied against the MOI. The Audit Agency noted during the prior year 
that punitive damages awarded by the courts to victims of torture 
amounted to approximately LE 2.8 million ($450,000) in the 8 
governorates (of 26 in the country) where data was available.
    In October 2003, according to media accounts and human rights 
monitors, police in Helwan stormed a house searching for two suspects 
in a homicide. Although the suspects were not present, police took into 
custody between 11 and 15 members of their family, including 4 women. 
The detained family members allege they were beaten, whipped, 
suspended, stripped, and molested as police attempted to extract 
information about the whereabouts of the two suspects. On October 24, a 
criminal court scheduled the next hearing on the case for February 
2005.
    The Government continued efforts during the year to hold security 
personnel accountable for torturing prisoners in their custody; 
however, the Government continued its practice of giving light 
sentences to security personnel convicted of serious abuses, including 
torture resulting in death. Human rights organizations and the press 
reported that 14 police officers in 5 separate cases, 2 of which 
involved deaths in custody, were held publicly accountable. Eight 
police officers in 1 case involving 1 death were acquitted; and 6 
cases, including 2 that led to deaths in custody involving charges 
against 15 police officers, remained before the courts at year's end. 
Some of the cases involved incidents that took place in previous years.
    In a 2002 report ``The Truth,'' HRAAP (previously HRCAP, the Human 
Rights Center for the Assistance of Prisoners), commended judicial 
efforts to prosecute security officers for torture, but it also 
outlined current obstacles, including a vague legal definition of 
torture and the inability of victims to sue perpetrators directly.
    In May 2003, a court of appeal upheld the December 2002 conviction 
of police officer Arafa Hamza, who had been sentenced to 1 year in 
prison for the death from torture of 21-year-old student Ahmed Mahmoud.
    There were no developments in the prosecution of Luxor Police Major 
Magdy Awad and an assistant for the May 2003 torture of Nagdy Mohamed 
Gad El Rub.
    Numerous cases of torture were documented. For example, on October 
11, the North Cairo Criminal Court sentenced policeman Ashraf El 
Ganzouri from the Azbakiya Police Station to 5 years in prison after he 
was convicted of illegally detaining and torturing to death Mohamed 
Hassan Abdallah in 2003. Ganzouri was charged with beating Abdallah 
during an identity card investigation. Abdallah resisted and Ganzouri's 
final attack resulted in Abdallah's death due to blunt trauma to the 
head.
    On January 22, the Public Prosecutor indicted Major Yasser Ibrahim 
El Akkad, the head of the Criminal Investigations Department at Haram 
Police Station, on charges that he tortured actress Habiba while 
investigating the 1999 killing of Habiba's husband. Habiba was 
convicted and sentenced to 10 years in prison. After serving 5 years of 
her sentence, new evidence emerged, implicating five other persons in 
the murder. The Public Prosecutor also indicted these five new 
suspects. On February 17, the Court of Cassation accepted Habiba's 
appeal and ordered a retrial. The prosecution of Major El Akkad is 
scheduled to begin in February 2005.
    On April 23, the Public Prosecutor directed a Qalyoubiya criminal 
court to charge a police captain from Kafr Shukr with excessive use of 
force. The captain had sought to arrest the son of Mabrouka Ibrahim 
Moselhi for theft. When Moselhi told the captain that her son was not 
at home, the captain assaulted her. After the assault, she required 
hospital treatment, and filed a complaint with the Public Prosecutor. 
By year's end, the Public Prosecutor had announced no additional 
developments in the case.
    On April 5, the Court of Cassation rejected the appeal of Captain 
Ashraf Gohar of the Nasr City II police station. Gohar's conviction of 
charges stemming from the illegal detention, torture, and killing of 
Sayyed Eissa originally resulted in a 3-year sentence in 2002. A 2003 
appeal to a lower court had reduced Gohar's sentence to 1 year, but the 
Court of Cassation affirmed the original penalty.
    In May and again in December, the Alexandria Criminal Court 
postponed the case of Ahmed Khalil Ibrahim. Two officers and four 
policemen, including Yasser Youssri, had been charged with torture 
leading to the death of Ibrahim in 2002, as well as falsification of 
official documents to cover up the crime. The Association for Human 
Rights Legal Aid (AHRLA) also filed a civil case on behalf of Ibrahim's 
family seeking LE 10 million ($1.6 million) in compensation. The Court 
is scheduled to consider the case in March 2005.
    On June 6, the Banha Criminal Court (in Qalyoubiya Governorate) 
began the trial of four police officers accused of forcing three 
members of a family to make a wrongful murder confession. The family 
members were convicted in 2003 and sentenced to 10 years' imprisonment. 
Shortly after they began their sentences, a serial killer confessed to 
the crime. The trial of the police officials was underway at year's 
end.
    During the year, 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.
    Civil cases won compensation for some victims of torture. For 
example, on February 25, the South Cairo Court of Compensations awarded 
Mustafa Ibrahim Amin Ibrahim LE 5,000 ($806) in punitive damages as a 
result of torture during his detention from 1999 to 2001. On July 26, 
the South Cairo Court of Compensations awarded Ibrahim an additional LE 
10,000 ($1,612) in punitive damages for torture during detention from 
1993 to 1995. Ibrahim, who spent 12 years in detention, was released in 
October 2003. HRAAP raised the case on Ibrahim's behalf.
    On March 31, the South Cairo Court of Compensations awarded Hamdy 
Mahmoud Abdel Latif Emara LE 14,000 ($2,258) in punitive damages from 
torture during his detention from 1996 to 1998. Hamdy, who spent 6 
years in detention, was finally released in July 1998. HRAAP raised the 
case on behalf of Hamdy. On April 14, another branch of the same court 
granted Hamdy an additional LE 7,000 ($1,129) in punitive damages for 
torture during his detention from 1992 to 1993.
    On May 12, the South Cairo Court of Compensations awarded LE 15,000 
($2,419) punitive damages to Tarek Abdel Sattar Ahmed Murad as a result 
of torture during detention from 1997 to 1999. On May 26, another 
branch of the compensation court granted him an additional LE 15,000 
($2,419) in punitive damages. Notwithstanding his award, Murad remained 
in detention without charge. HRAAP pled the case on Murad's behalf.
    On September 13, the South Cairo Court of Compensations awarded 
Abdel Fattah Mohamed LE 24,000 ($3,871) in punitive damages for torture 
during his detention period from 1994 to 1996. Mohamed spent 12 years 
in detention without charge through renewed detention orders. HRAAP 
raised the case on Mohammad's behalf.
    In 2002, police arrested Zaki Saad Zaki Abd al-Malak, a 23-year 
resident of Ismailia in an Internet sting operation. Human Rights Watch 
(HRW) reported that police beat him daily during 2 weeks of detention 
in Agouza Police Station. Malak was sentenced to 3 years' imprisonment, 
followed by 3 years' police supervision. According to reports, he was 
being held in Borg al-Arab prison near Alexandria. On October 17, the 
Court of Cassation overturned Zaki's conviction on appeal, and he was 
released.
    In 2002, three domestic human rights associations, as well as two 
international organizations, presented their allegations and findings 
to the U.N. Committee Against Torture (the ``Committee''), a 
subcommittee of the U.N. Commission on Human Rights. The Committee's 
report expressed concerns about the continued implementation of the 
state of emergency; consistent reports of torture and ill treatment; 
abuse of juveniles and homosexuals; the continued use of administrative 
detention; the lack of access by victims of torture to the courts and 
lengthy proceedings; and disparities in the awarding of compensation.
    The report included several recommendations: ending the state of 
emergency; the adoption of a clear legal definition of torture; the 
abolition of incommunicado 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; 
the acceptance of a visit by a U.N. Special Rapporteur on Torture; the 
establishment of rules and standards for victims; and allowing human 
rights organizations to pursue their activities unhindered. The 
Government maintained that the Committee's recommendations were under 
review at year's end.
    Actions cited by the Government include the abolition of flogging 
in prisons; 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. With assistance from the U.N. Development Program, the 
Government began to implement the Committee's recommendation for 
increased human rights training for law enforcement personnel and 
prosecutors.
    The Government did not permit a visit to the country by the U.N. 
Special Rapporteur on Torture during the year.
    Prison conditions remained poor. EOHR and HRAAP both stressed the 
deteriorating conditions in prisons, especially overcrowded cells and a 
lack of medical care, proper hygiene, food, clean water, proper 
ventilation, and recreational activities. Tuberculosis was widespread; 
overcrowded cells remained a problem. Some prisons continued to be 
closed to the public.
    In July, HRAAP stated in its 2003 annual report that prison 
conditions remained dismal. HRAAP emphasized the deteriorating 
conditions in temporary detention.
    In October, Al-Ahram newspaper reported that the MOI was planning 
to deliver a statement to the People's Assembly (Committee for Defense 
and National Security) on the violation of rights of detainees at 
police stations. This initiative came in response to the 
interpellations by several Members of Parliament concerning the deaths 
of two detainees who were being transported from the Libyan border to 
Cairo (see Section 1.a.). At year's end, the Ministry had not provided 
its statement to the People's Assembly.
    Failure to implement judicial rulings regarding the release of 
administrative detainees and the opening of prisons to visits remained 
a problem. Relatives and lawyers often were unable to obtain access to 
prisons for visits. Restrictions were placed on visits to prisoners 
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.
    On August 22, Dar al-Ifta, the official body responsible for 
issuing Islamic fatwas (legal opinions) issued a legal opinion that all 
prisoners should be allowed spousal visits on a monthly basis.
    As required by law, the public prosecutor continued to inspect all 
regular prisons during the year; however, findings were not made 
public. The SSIS ``detention centers'' were excluded from mandatory 
judicial inspection.
    There were separate prison facilities for men, women, and 
juveniles. In practice, the separation of adults from juveniles did not 
always occur, and abuse of minors was common. Civilians were not 
detained in military prisons. Political prisoners generally were 
detained separately from prisoners convicted of violent crimes.
    Lawyers 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 (see Section 1.d.). The International Committee of the Red 
Cross (ICRC) and other domestic and international human rights monitors 
did not have access to prisons or to other places of detention.
    On November 1, inmates at Abu Zabal prison began a hunger strike to 
protest conditions at the prison, which was ongoing at year's end. The 
prisoners' complaints included mistreatment, inadequate medical care, 
poor sanitation, and limits on visitors.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, 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.
    Previously, to obtain a warrant from a judge or prosecutor, the 
Constitution provided that police had to show that an individual likely 
committed a specific crime. The Emergency Law nullified this 
requirement in 1981 and provides that in order to obtain a warrant, 
police must show only that an individual poses a danger to security and 
public order.
    The country has both local and national law enforcement agencies, 
all of which fall under the Ministry of Interior. Local police operate 
in large cities and governorates. State Security and Central Security 
Force officers are responsible for law enforcement at the national 
level and for providing security for infrastructure and key officials, 
both domestic and foreign. Single-mission agencies, such as the Tourist 
and Antiquities Police and the Anti-Narcotics General Administration, 
also work at the national level.
    There were continued instances of torture by police, and human 
rights monitors believed the use of torture by police was widespread. 
Although some police were prosecuted, human rights monitors believed 
most incidents of torture went unpunished. There was widespread petty 
corruption in the police force, especially below senior levels. There 
is an internal affairs mechanism, the workings of which are not 
publicized, which was regularly employed for investigating corruption 
and other instances of police malfeasance. Judicial recourse was also 
employed (see Section 1.c.).
    The Emergency Law allows detention of an individual without charge 
for up to 30 days, after which a detainee may 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 limit 
to the detention period if a judge continues to uphold 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 U.N. Committee Against 
Torture both expressed concern over the application of measures of 
solitary confinement.
    Access to counsel is provided in normal cases, but there were 
reports that some suspects detained under the normal Penal Code 
experienced difficulties meeting with counsel. In Emergency Law cases, 
however, access to counsel was often restricted or denied prior to the 
transfer of the accused to a courtroom for the start of proceedings. 
Many detainees under the Emergency Law remained incommunicado in State 
Security detention facilities without access to lawyers. After these 
cases are transferred to trial, the court appoints a lawyer from a duty 
roster issued by the Bar Association.
    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 following detention 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 
functioning system of bail for persons detained under the Penal Code. 
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 have been detained 
administratively in recent years under the Emergency Law on suspicion 
of terrorist or political activity. Several thousand others have been 
convicted and were serving sentences on similar charges (see Section 
1.e.). In a July 2003 interview published in Al-Ahram Weekly, HRAAP 
(formerly HRCAP) estimated that the total number of persons held in 
administrative detention was approximately 15,000. HRAAP further 
estimated that about 7,000 additional persons have been released over 
the past 3 years. According to HRAAP, approximately 300 detainees, 
including convicts with remaining sentences and those who had been held 
under emergency administrative detention, were released during the 
year. In addition to these individuals, a much larger number of regular 
convicts were released during the year, as result of having completed 
their sentences.
    In August 2003, 37 men suspected of belonging to the banned Gama' 
al-Islami (Islamic Group, IG), which took part in a violent campaign to 
overthrow the Government in the 1990s, were arrested. The men remained 
in detention at year's end.
    On March 22, HRAAP appealed to the President for the release of 55 
Egyptians and Palestinians arrested in 2000 for participating in pro-
Palestinian/Intifada demonstrations. The 55 detainees remain in 
Gharbaniyat Prison in Alexandria. HRAAP claimed that many suffered 
serious health problems.
    On May 9, the leftist Al Arabi newspaper reported that the MOI 
``secretly'' released 100 detained members of Gama' al-Islami who had 
served their terms or whose administrative detention orders had 
expired.
    On June 18, in an interview with Al-Wafd newspaper, General Mahmoud 
Wagdy, Assistant to the Minister of Interior and Director of the Prison 
Authority, stated that 500 detainees had been released in April. In the 
past, these types of releases often included a mix of two groups: 
prisoners detained for political or security reasons; and ordinary 
convicts who have completed their sentences. The Government has not 
normally provided details on categories of prisoners released.
    On June 10, the Minister of Interior established a permanent 
``probation board'' to review cases of inmates eligible for early 
releases. The board planned to tour one prison each month. On August 
16, a first group of 164 inmates--including 8 political detainees--was 
released.
    On July 5, HRAAP issued a statement claiming that police arrested 
51 relatives of escaped convict Mohamed Saleh Abdel Mohsen in order to 
pressure him to surrender to police. The MOI admitted that the arrests 
occurred, but denied that any of the detainees were tortured. Mohsen 
was a drug kingpin who escaped from Mansoura prison along with seven 
other prisoners.
    In mid-November, HRAAP and EOHR issued press releases calling on 
the Government to release detainees, estimated to number 3,000, whom 
government security forces arrested in the Sinai, mostly around the 
town of Al-Arish, after the October 7 terrorist bombings in Taba and 
Nuweiba that killed 34 people. On November 29, Amnesty International 
(AI) also condemned the detentions and called on the Government to 
release the detainees. Government officials acknowledged that they made 
an unspecified number of arrests in connection with the investigation, 
but insisted that the reports by human rights groups were exaggerated.
    In mid-November, on the occasion of the Eid al-Fitr holiday at the 
end of Ramadan, the local and international media reported that the 
Government released approximately 700 Islamist detainees.
    During the year, security forces arrested approximately 90 persons 
allegedly associated with the Muslim Brotherhood (MB), which has been 
an illegal organization since 1954. Charges leveled against members 
included membership in and revival of a banned organization; 
obstructing the laws and Constitution of the country; inciting the 
masses against the Government; organizing demonstrations critical of 
the Government's policies; and attempting to infiltrate student bodies 
to spread the ideology of a banned organization.
    On January 8, security forces arrested 13 MB members in Giza. On 
May 15, security forces arrested 59 MB members, mainly from Alexandria. 
On September 17, security forces arrested 11 MB members, mostly Zaqaziq 
University students. On or about October 11, security forces arrested 
eight MB members in separate incidents at Cairo airport, Minya, and 
Beni Suef. Among those detained was Ahmed Ezz Iddine of the suspended 
Al-Shaab newspaper. On December 31, he was released after public calls 
for his release by the Arab Press Federation. Also during the year, the 
Government released at least 31 other MB members.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the President may invoke the Emergency 
Law to refer any criminal case to the Emergency Courts, in which the 
accused does not receive most of the constitutional protections of the 
civilian judicial system. The Government has asserted that referral to 
Emergency Courts usually has been limited to terrorism or national 
security cases, as well as major cases of drug trafficking; however, 
the Government also has occasionally used Emergency Courts to prosecute 
homosexuals, heterodox religious groups, and political dissidents. 
Government authorities ignored judicial orders in some cases. The 
Government has used the Emergency Law, which was established to combat 
terrorism and grave threats to national security, to try cases outside 
of this scope.
    In May 2003, the Government formally abolished State Security 
Courts. The courts had been criticized for restricting the rights of 
defendants, particularly the right to appeal. A number of cases 
referred to the State Security Courts were transferred to regular 
criminal courts. However, skeptical observers of the legal system 
argued that as long as the Government retained and used Emergency 
Courts, the abolition of State Security Courts did not constitute a 
fundamental improvement.
    The Constitution provides for the independence and immunity of 
judges and forbids interference by other authorities in the exercise of 
their judicial functions. 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. 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. 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 state's expense if the defendant does 
not have counsel. Appointed lawyers are drawn from a roster chosen by 
the Bar Association. Defendants can appeal if denied this right; 
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 (see Sections 1.c. and 1.d.). 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; however, there has only been one female judge (see 
Section 5).
    In 1992, following a rise in extremist violence, the Government 
began using military tribunals to adjudicate cases involving persons 
accused of terrorist activity or membership in terrorist groups. In 
1993, the Supreme Constitutional Court ruled that the President may 
invoke the Emergency Law to refer any crime to a military court. The 
1993 ruling in effect removed hundreds of civilian defendants from the 
normal process of trial 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. One case involving civilian defendant Ahmed Hussain Agiza was 
referred to a military court 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 and that 
military judges tended to rush cases involving a large number of 
defendants. 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 as lawyers for one of the 
defendants.
    On April 27, the Supreme Military Court convicted Ahmad Hussein 
Agiza, rendered from Sweden in 2001, of crimes in connection with his 
membership in Islamic Jihad. Agiza was sentenced to 25 years in prison, 
although in June his sentence was commuted to 15 years. The Swedish 
Embassy in Cairo closely monitored Agiza's detention conditions in an 
apparent effort to ensure that he was not mistreated.
    The Emergency Courts share jurisdiction with military courts over 
crimes affecting national security. The President can appoint civilian 
judges to these courts upon the recommendation of the Minister of 
Justice or military judges upon recommendation of the Minister of 
Defense. Sentences are subject to confirmation by the President. There 
is no right to appeal. The President may alter or annul a decision of 
an Emergency Court, including a decision to release a defendant.
    During the year, Emergency Courts handed down verdicts in three 
cases. On March 25, the Supreme Emergency Court issued a guilty verdict 
in the case of 12 members of the Islamic Liberation Party (Hizb al-
Tahrir al-Islami). Several of the defendants, including three Britons, 
alleged they had been tortured to compel them to sign confessions. 
Sentences for the group ranged from 1 to 3 years.
    On March 11, an Emergency Court acquitted Ashraf Ibrahim and four 
co-defendants who had been accused of sharing information about human 
rights abuses with foreign groups and of belonging to the 
``Revolutionary Socialists'' group, alleged to be seeking to overthrow 
the Government. The co-defendants had been listed as fugitives and 
remained at large. Ibrahim was arrested in March 2003 following 
demonstrations against the U.S. invasion of Iraq. Human rights 
advocates had argued that the Government was persecuting Ibrahim for 
peaceful political activities (see Section 1.d.).
    On March 31, the Supreme Emergency Court sentenced a law student to 
15 years of ``strict imprisonment'' for communicating with a foreign 
country and offering to provide it with sensitive information.
    During the year, the Government continued to try and convict 
journalists and authors for libel, 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, several thousand others were serving sentences 
after being convicted on similar charges.
    The Government did not permit international humanitarian 
organizations access to political prisoners (see Section 1.c.). In 
2002, an AI delegation was permitted to visit the country, but 
authorities denied the group's request to visit detainees. There were 
no prison visits by international organizations during the year, 
although the National Council for Human Rights did conduct a series of 
prison visits during the second half of the year.
    On August 1, the Public Prosecutor Maher Abdel Wahed told the press 
that the State intended to limit trials in Emergency Courts only to 
cases that touch upon security of the State. As an example, Abdel Wahed 
said that a case where two jewelry store robbers had used a bomb was 
referred to a regular criminal court. Nothwithstanding this assertion, 
the Government initiated Emergency Court proceedings against a self-
proclaimed prophet and his followers in December (see Section 2.c.).

    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 suspends the constitutional 
provisions regarding the right to privacy, and the Government used the 
Emergency Law to limit 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.
    A telecommunications law allows telephone and Internet wiretaps 
only by court order. However, some human rights observers alleged that 
the Government routinely violated this law.
    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.'' There were 
no reports of new internet entrapment cases during the year (see 
Sections 1.c, 1.e., and 2.a.).
    The Ministry of Interior has the authority to stop specific issues 
of foreign newspapers from entering the country on the grounds of 
protecting public order. There were no reports that it had exercised 
this authority during the year (see Section 2.a.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government partially 
restricted these rights in practice. The Government used the Emergency 
Law to infringe on citizens' civil liberties. 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. 
Journalists and writers practiced self-censorship.
    In March 2003, the Court of Cassation, ending a long-standing legal 
case that had broad implications for freedom of expression and human 
rights advocacy, acquitted Saad Eddin Ibrahim and his codefendants on 
charges of defaming the State and illegally accepting foreign funds. 
During the year, Ibrahim and his colleagues resumed their publishing 
and advocacy operations.
    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; however, this limit appeared to have been enforced 
sporadically.
    On July 13, the Shura Council's Higher Council for the Press 
approved the publication of 16 new newspapers; and on December 29, it 
approved an additional 9 newspapers, including ``Al-Ghad,'' the new 
publication of the Al-Ghad (Tomorrow) Party.
    The Government owned stock in the three largest daily newspapers, 
and the President appointed their top editors. These papers generally 
followed the government line. The Government also held a monopoly over 
the printing and distribution of newspapers, including those of the 
opposition parties. The Government used its monopoly on newsprint to 
limit opposition publications.
    Opposition political parties published their own newspapers but 
received a subsidy from the Government and, in some cases, subsidies 
from foreign interests. Most opposition newspapers were weeklies, with 
the exception of the dailies Al-Wafd and Al Ahrar, both of which had 
small circulation. Opposition newspapers frequently published criticism 
of the Government. They also gave greater prominence to human rights 
abuses than did state-run newspapers.
    According to a 2003 announcement by the Shura Council, the total 
number of licensed periodicals in the country was 534, including 64 
national papers, 40 opposition party papers, 7 private newspapers, 252 
``specialized'' publications, 142 scientific journals, and 67 local 
publications.
    In March, the Government lifted its ban on the London-based Arabic 
newspaper al-Quds al-Araby, and the paper is now back in circulation.
    Because of the difficulties in obtaining a license from the Higher 
Council for the Press, several publishers of newspapers and magazines 
obtained foreign licenses. The Supreme Constitutional Court still had 
not reached a decision by year's end on a 1999 legal challenge to the 
constitutionality of the Information Ministry's practice of censoring 
offshore publications.
    On February 20, then-Minister of Information Safwat El Sherif 
announced a cabinet decision to limit print runs for foreign-licensed 
publications to between 5,000 and 25,000 copies, ordered that the 
papers must pay 36 percent tax on advertising revenues, and prohibited 
foreign funding.
    According to press reports, on June 14 the Administrative Court 
overturned a decision by the Ministry of Information to prevent a 
foreign publication from entering the country. The Court clarified that 
only the Cabinet can place a long-term ban on a foreign publication. 
The Ministry of Information is empowered only to ban particular issues/
editions in the interest of public order.
    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 Press and Publication Laws ostensibly provide protection 
against malicious and unsubstantiated reporting. 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. However, the Government continued to charge 
journalists with libel. An editor-in-chief found to be negligent could 
be considered criminally responsible for libel contained in any portion 
of the newspaper.
    On November 1, unknown assailants detained and beat Abdul Halim 
Qandil, editor of Al-Araby, the Nasserist opposition party newspaper. 
Qandil and many others in the media attributed the attack to elements 
of the State Security apparatus who were angered by Qandil's editorial 
calls for public opposition to the Government. Qandil had also publicly 
cast doubt on the MOI's claims to have solved the October 7 bombings 
that targeted tourist sites in the Sinai.
    During the year, the courts tried a number of prominent cases of 
libel, filed both by government officials and private citizens. On 
January 28, the Qasr El Nil Court of Misdemeanors sentenced writers 
Etemad Khorshid and Anis El Degheidy, along with publisher Hassan 
Ghazal, each to 1 year of imprisonment and LE 1,000 ($160) fine. The 
Court ruled that the trio had insulted Egyptian actress Sherihan in 
their book ``Witness to the Transgressions of Art and Politics.''
    On March 14, the Cairo Criminal Court fined Mahmoud El Askalany, a 
journalist with al-Araby newspaper, LE 20,000 ($3,225) for libel 
against Minister of Housing Mohammed Ibrahim Soliman. On May 15, 
lawyers appealed the fine to the Court of Cassation on the grounds that 
the law does permit criticism of public figures so long as the 
criticism is limited to public matters of job performance and does not 
delve into personal issues. By year's end, the Court had still not 
issued a judgment.
    On June 16, the Cairo Criminal Court sentenced tabloid daily al-
Osbu'a journalist Ahmed Ezz Eddine to 2 years in prison (with labor) 
and a fine of LE 20,000 ($3,225) for libel of former Agriculture 
Minister Wally. Ezz Eddine had written an article accusing Wally of 
perjury in a corruption case. The former minister contended that the 
accusation was against his person and not against his capacity as a 
minister.
    On June 27, the Bulaq Aboul Ela Court of Misdemeanors sentenced 
Mohammed Abu Liwaya of the banned al-Shaab newspaper and Fayez Abdel 
Hamid of the Parliament News to 6 months' imprisonment, fines of LE 
7,500 ($1,209) each, and damages of LE 20,000 ($3,225) for libeling Al-
Ahram Chairman Ibrahim Nafei through articles and leaflets.
    On July 27, the Cairo Criminal Court fined an editor and journalist 
of al-Haqiqa newspaper LE 10,000 ($1,612) for libeling the head of the 
Qussiya City Council.
    On September 14, the Cairo Criminal Court began to hear another 
case of libel filed by Minister of Housing Soliman against three 
journalists with al-Masri al-Youm. Following questioning by the 
prosecutor, the three journalists were released on September 21. The 
case was ongoing at year's end.
    In December 2003, Mustafa Bakry, Chief Editor of al-Osbu'a, filed a 
lawsuit with the office of the Public Prosecutor accusing activist Saad 
Eddin Ibrahim of working for a foreign government in exchange for 
financial support. One week later, Ibrahim filed a libel suit against 
Bakry. The Public Prosecutor's investigation was ongoing at year's end, 
and the case had still not been referred to trial.
    In March and April, four separate courts acquitted or ordered 
retrials for four unrelated lawsuits against journalists working for 
al-Osbu'a.
    Under the law, the Public Prosecutor may issue a temporary ban on 
the publication of news related to national security. The length of the 
ban is based on the length of time required for the prosecution to 
prepare its case.
    In December 2003, the Public Prosecutor issued a press ban on a 
corruption investigation of the director of the National Heart 
Institute. The ban continued to limit reporting on the case throughout 
the year.
    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 LE 6,000 ($1,000) 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 
MOI.
    The law authorizes various ministries to ban or confiscate books 
and other works of art upon obtaining a court order. There were no 
court-ordered book confiscations during the year, but the Government 
permitted greater confiscatory authority to al-Azhar University.
    On May 26, the Islamic Research Center (IRC) at al-Azhar University 
formally recommended banning four books: Nawal El Sadawi's ``The Fall 
of the Imam''; Iskander Shaheen's ``Freemasonry: Religion or Fraud''; 
Ali Youssef's ``The Call of Consciousness''; and Hisham El Bahrani's 
``City of Miracles.'' Sadawi's book was first published 20 years ago 
and has been translated into 14 languages. Although the IRC's 
recommended bans led to widespread criticism from writers and human 
rights activists, the Ministry of Justice decided on June 1 to 
authorize al-Azhar's ``inspectors'' to seize publications, tapes, 
speeches, and artistic material that deviated from the IRC's 
interpretation of Shari'a. Prior to June 1, the IRC could not 
confiscate books it disapproved without first seeking a court order.
    On August 18, the IRC banned ``The Responsibility for the Failure 
of the Islamic State,'' by Gamal El Banna, a liberal Islamist thinker. 
The IRC ruled that Gamal El Banna's book deviated from Islamic 
orthodoxy, and began efforts to confiscate the book from the 
marketplace.
    On October 24, EOHR issued a report which criticized IRC's book 
confiscations, terming them ``a hammer blow to freedom of thought.''
    In September, the Alexandria Administrative Court heard a lawsuit 
filed by lawyer Nabih al-Wahsh demanding the confiscation of a book, 
``The Hijab: A Modernist Approach,'' by writer Ikbal Baraka. The suit 
also sought the dismissal of Baraka as chief editor of Hawwa Magazine 
and her dismissal from the Press Syndicate. The suit alleged that 
Baraka's book denied the religious sanction for the veiling of women. 
The suit also charged the ministers of culture, aviation, education, 
and information, as well as the Grand Imam of al-Azhar University, with 
having failed to block Baraka's book. A wide cross-section of writers 
and intellectuals, including Islamist writers, have criticized the 
effort to ban Baraka's book.
    The MOI 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.
    Although the MOI has in previous years sporadically prevented 
specific issues of foreign published newspapers from entering the 
country on the grounds of protecting public order, there were no 
reports of such actions during the year (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 have operated 
without direct government interference. The Government has a 20 percent 
financial stake in al-Mihwar and a 10 percent stake in Dream TV. The 
Government did not block reception of foreign channels via satellite. 
The percentage of citizens who received satellite television broadcasts 
has grown steadily but remained small, while many coffee shops and 
other public places offered satellite television.
    Plays and films must pass Ministry of Culture censorship tests as 
scripts and final productions. The Ministry of Culture censored foreign 
films to be shown in theaters, but 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.
    On April 20, the Censorship Department refused to permit public 
viewing of an American film, ``The Code,'' on grounds that it depicted 
a gang of outlaws with Arabic names.
    Also in June, the Censorship Department formed a committee of 
cultural figures (both Muslim and Christian) to review a new film (``I 
Love the Cinema'' / ``Bahebb El-Cinma'') which told the story of 
Egypt's Coptic Orthodox minority during the Nasser era. After initial 
screenings, Muslim and Christian lawyers filed a complaint with the 
Public Prosecutor, seeking to have the film removed from distribution 
and the film producers tried for ``contempt for religion.'' There was 
no final decision by year's end. Audiences were able to see the film at 
a number of theaters during the year. It was also well received at 
international film festivals.
    In August, the Censorship Department rejected a screenplay by 
writer Wahid Hamed on the subject of government corruption and 
influence of the media. Without the Censorship Department's approval, 
Hamed was unable to proceed with making his film.
    Government and private industry experts estimated that 
approximately 3.8 million persons in the country used the Internet. The 
Government did not restrict Internet use, but selectively monitored 
Internet use (see Section 1.f.).
    On May 15 and again on September 1, the Muslim Brotherhood website 
became temporarily unavailable to Egyptian Internet users. Since the 
May outage corresponded to the arrest of 59 MB members, there was 
widespread belief that the security services shut down the website.
    The Government did not explicitly restrict academic freedom at 
universities; however, the Government selected deans rather than 
permitting the faculty to elect them. The Government justified the 
measure as a means to combat Islamist influence on campus. Unlike in 
the past, the Government did not ban books for use on campuses during 
the year.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association; however, the 
Government significantly restricted freedom of assembly. Citizens must 
obtain approval from the MOI before holding public meetings, rallies, 
and protest marches. Many demonstrations were not approved, and the 
Government tightly controlled public demonstrations that did occur. 
However, on December 12, 300 activists from the Kifaya (Enough) 
movement staged a protest against President Mubarak running for a fifth 
term in office. There was little direct government interference in the 
December 12 demonstration, although security personnel significantly 
outnumbered demonstrators (see Section 3). The MOI selectively 
obstructed some meetings scheduled to be held on private property and 
university campuses (see Section 4).
    On a number of occasions, worshippers at the Al-Azhar mosque in 
Central Cairo held mainly impromptu demonstrations at the conclusion of 
Friday prayers. These were tolerated but carefully watched by the 
Government.
    Some smaller anti-Iraq war demonstrations were held with and 
without permission. In both cases, the Government deployed large 
numbers of security personnel to contain the demonstrations. In a 
number of unauthorized demonstrations, police detained suspected 
organizers, some of whom alleged mistreatment while in detention (see 
Sections 1.c. and 1.d.).
    The Constitution provides for freedom of association; however, the 
Government significantly restricted it in practice. The Minister of 
Insurance and Social Affairs has the authority to dissolve NGOs by 
decree. 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.
    During the year, a number of organizations active in human rights 
advocacy and civil society development were allowed to register and 
thus became officially recognized. However, several other groups, 
including the Egyptian Association Against Torture, the Center for 
Housing Rights, and the Word Center, continued to be denied 
registration as NGOs. On October 25, the Governor of Aswan issued an 
administrative decree dissolving the board of directors of the Aswan-
based Association for Health Development and the Environment and 
appointed a new board. The association's leadership countered with a 
lawsuit against the Governor, charging that his act was in direct 
contradiction to the NGO law (Act 84 of 2002). In at least two cases, 
obscure ``security objections'' were cited in their rejection letters. 
These groups were challenging these decisions at year's end.
    On January 29, the Ministry denied the application for registration 
of a human rights NGO in Qena Governorate. In January, a MB member, 
Mukhtar Nouh, who had spent 3 years in prison, sought to register a NGO 
called ``The Association for the Protection of Constitutional Values.'' 
The 18-member board consisted exclusively of lawyers. The Association's 
plan was to be limited to lawyers and to work, independently of the Bar 
Syndicate, to improve the profession and promote liberal ideas, and to 
improve the status of women and Coptic Christians. On July 7, the 
Association's lawyers appealed to the courts after the Ministry of 
Social Affairs rejected the application. The case was still pending at 
year's end.
    On February 8, an Administrative court ordered the Ministry to 
approve and register the ``Sons of the Land Association for Human 
Rights.'' The Court ruled that the new organization had met all 
registration requirements and did not pose a security threat. The 
Ministry registered the organization, and it was functioning at year's 
end.
    In June, the ``Sawasiya Center for Human Rights and Anti-
Discrimination'' registered as a regional NGO with a board of 15 
prominent Arab personalities from the region and Europe. The center's 
Executive Director, Abdel Moneim Abdel Maksoud, is a leading member of 
the MB, as well as its lawyer. Abdel Maksoud told the press that 
Sawasiya included various political thinkers from around the world and 
that it was not directly or indirectly affiliated with the MB.
    In May, 18 human rights organizations signed an agreement 
establishing the Egyptian Human Rights Organization collective. On July 
3, 14 human rights groups announced the formation of a national 
federation of human rights NGOs. In October, three leading NGOs (HRAAP, 
the Arab Center for the Independence of the Judiciary, and the Group 
for Democratic Development) established the ``Alliance for Democracy 
and Reform.''
    In September 2003, the ``New Woman Center for Research,'' a human 
rights group previously denied registration by the Ministry of Social 
Affairs, won a court judgment ordering the Ministry to allow it to 
register as an NGO. The Ministry implemented the judgment 1 year later 
in September (see Section 4).
    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, in practice the 
Government placed restrictions on these rights. The Constitution 
provides that Islam is the official state religion and the primary 
source of legislation. Religious practices that conflict with Islamic 
law (Shari'a) are prohibited. However, significant numbers of the 
Christian and Jewish minorities worshipped without harassment and 
maintained links with coreligionists in other countries.
    Most citizens (approximately 90 percent) are Sunni Muslims. There 
is a very small number (a fraction of 1 percent) of Shi'a Muslims. 
Approximately 10 percent of the population are Christian, 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 of approximately 200 persons.
    All mosques must be licensed, and the Government was engaged in an 
effort to control them. The Government appointed and paid the salaries 
of the imams who led prayers in mosques, proposed themes for them, and 
monitored their sermons. In 2003, Dr. Hamdy Zaqzouq, Minister of 
Religious Endowments, said there were 30,000 imams in the country, who 
preached at 82,000 mosques and zawaya (smaller prayer halls in private 
buildings). He said that his ministry annexed approximately 6,000 
unregistered mosques and zawaya every year.
    Neither the Constitution nor the Civil and Penal Codes prohibit 
proselytizing or conversion; however, the Government discouraged 
proselytizing by non-Muslims, and those who did so risked prosecution 
under the Penal Code, which prohibits citizens from ridiculing or 
insulting heavenly religions or inciting sectarian strife.
    There were no restrictions in practice on the conversion of non-
Muslims to Islam; however, in cases involving conversion of Muslims to 
Christianity, the Government generally denied requests by converts to 
amend civil records to reflect their new religious status. The law 
prescribes steps to register the conversion of non-Muslims to Islam, 
but does not recognize the conversion of Muslims to other religions. 
Some converts resorted to changing their documents themselves, or 
bribing a civil servant to do so. Authorities have charged several 
converts with violating laws prohibiting the falsification of 
documents. In such instances, converts have themselves altered their 
identification cards and other official documents to reflect their new 
religious affiliation because of fear of government harassment if they 
officially registered the change from Islam to Christianity. For 
example, in 2002, Malak Fahmi, a Christian, and his wife Sarah, a 
Christian convert from Islam, were arrested while attempting to leave 
the country with their two children. The couple was charged with 
falsification of documents. Sarah, who changed her name and religious 
affiliation on her marriage certificate only, reportedly stated that 
she did so without her husband's assistance. The couple was released 
from prison in February, but was awaiting trial on charges of document 
fraud. At year's end, there had been no developments in the case.
    Converts to Islam are not permitted to revert to their original 
religion. The minor children of converts to Islam, and in some cases 
adult children, may automatically become classified as Muslims in the 
eyes of the state regardless of the status of the other spouse. This 
automatic classification is in accordance with established Shari'a 
rules, which dictate ``no jurisdiction of a non-Muslim over a Muslim.''
    In some cases, converts reported being subjected to harassment from 
the Government, including regular questioning and restriction of travel 
abroad. Converts from Islam to Christianity continued to report 
societal discrimination.
    Hisham Samir Abdel Lateef Ibrahim, a convert to Christianity first 
detained in 2002 and believed to have been charged with ``forging 
identity documents'' and ``contempt of religion,'' was reportedly 
released during the year but remained on probation.
    Repairs to all places of worship are subject to a 1976 civil 
construction code which governs church repairs. The decree was 
significant symbolically because it made churches and mosques equal 
under the law. Christians reported that local permits still were 
subject to approval by security authorities.
    Although the Official Gazette only publicized government issuance 
of less than a dozen church construction and repair permits during the 
year, government officials asserted that most permits were not 
published in the Official Gazette, and said that they issued 254 
permits for building and repair of churches between January 1 and June 
15.
    The approval process for church construction suffered from delays 
and was considered to be 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. 
Christian activists, including church officials, consistently remarked 
that regardless of the formal approval process and the stated support 
of senior government officials for church construction, local officials 
in some governorates opted to take an uncooperative and obstructionist 
approach to church construction and repair.
    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. On January 28, 
a State Security Emergency Court reduced the sentences of Sayed Tolba 
and 20 of his associates to time served. They were convicted 2002 on 
the charge of insulting heavenly religions, as a result of Tolba's 
claim that he was a prophet and could cure illnesses.
    On December 1, the Public Prosecutor referred 13 individuals to 
trial by a State Security Emergency Court on charges of insulting 
heavenly religions. The leader of the 13, who were arrested in August 
in Qaloubiya, was Ahmed Ibrahim Abou Shousha, who had asserted that he 
was a prophet on par with the Prophet Mohammad. Shousha had called for 
various innovations on orthodox Islamic practice.
    In December 2003, State Security Court forces arrested and detained 
without charge 20 suspected Shi'a Muslim citizens, reportedly due to 
concerns that they were a threat to petroleum facilities and were 
engaging in anti-State activity. A leading Egyptian civil rights group 
reported that the authorities tortured several in the group before 
releasing 16 of them. The four remaining detainees were held at Wadi 
Natroun prison. Three detainees were released in August, although 
Mohammad Ramadan El Dereiny remained in custody at year's end.
    The Islamic Research Center of Al-Azhar University has authority to 
recommend that the Government censor books on religious grounds (see 
Section 2.a.).
    The Constitution provides for equal public rights and duties 
without discrimination based on religion or creed; however, 
discrimination against minority religions, including Christians and 
Baha'is, existed. There were no Christians serving as governors, police 
commissioners, city mayors, public 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 in 2002) to admit Christians 
into public university training programs for Arabic language teachers 
that involved study of the Koran; and in payment of Muslim imams 
through public funds (Christian clergy are paid with private church 
funds).
    There were no new reports of violent assaults by Gama' al-Islami 
(Islamic Group, IG) or other suspected terrorists against the 
approximately 7 million Coptic Christians. In a number of cases where 
victims alleged violence to be driven by sectarian tensions, 
particularly regarding murder, it was difficult to determine whether 
religion was a factor.
    The prosecution failed to bring a successful case against those 
alleged to be responsible for the killing of 21 Christians during 
sectarian strife in early 2000 in the town of al-Kush, in Sohag 
Governate, Upper Egypt. On June 14, the Court of Cassation, the 
country's highest appellate court, upheld the acquittal of 94 of 96 
suspects who were charged with various offenses committed in this 
incident. The Court's decision left no further legal options.
    In the investigation of an earlier incident in al-Kush in 1998 
involving the killing of two Coptic Christians, police detained 
hundreds of citizens that same year, including relatives of suspects, 
women, and children. Local observers reported that many of these 
detainees were subjected to torture and mistreatment. An investigation 
of police torture of the mostly Christian detainees made little 
progress and has appeared effectively closed since 2001. Shayboub 
William Arsal, a Coptic Christian, was convicted and sentenced for the 
two murders and his appeal, which has been pending for 4 years, has not 
been heard. The local Christian community believes that Shayboub was 
accused and convicted of the crime because of his religion.
    In January, Christian workers at the Patmos Center, a Coptic 
Orthodox social service facility on the Suez road east of Cairo, 
confronted soldiers and an army bulldozer dispatched from a military 
base adjacent to the facility. During the confrontation, one of the 
Christian workers was fatally struck by a private bus attempting to 
drive around the crowd. This incident was the latest in a series 
involving Patmos and the neighboring military base. The army's reported 
motive for bulldozing the gate was that the Patmos Center's wall stands 
50 meters from the highway, while local zoning regulations require a 
distance of 100 meters. Christian sources noted that the army base's 
perimeter wall also is only 50 meters from the road, and they charged 
that the army's intent was to harass the Christians until they left the 
site so that it could be annexed by the military. Other observers 
believed the military's enmity was engendered by the ``stealthy'' way 
the church developed a Christian service facility on a site originally 
billed as an agricultural ``desert reclamation project.'' The 
controversy subsided, and the Patmos gate remained in its original 
location.
    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 kidnapping 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 man. 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. Between the ages of 16 and 21, marriage 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 man. 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.
    Anti-Semitism is found in both the pro-government and opposition 
press; however, there have been no violent anti Semitic incidents in 
recent years.
    Anti-Semitic articles and opinion pieces in the print media and 
editorial cartoons appeared in the press and electronic media. For 
example, on March 18, Abdelwahab Ads, deputy editor of Al Jumhuriya, 
accused the Jews of the terrorist attack in Madrid on March 11 as well 
as of the September 11, 2001 attacks in the U.S.
    On June 24 and July 1, the National Democratic Party (NDP) 
newspaper al-Lewa al-Islami published articles by Professor Refaat 
Sayed Ahmed in which he denied the Holocaust. On August 25, the NDP 
announced that it had banned Professor Ahmed from future publishing, 
that the editor who approved his article had been fired, and that the 
NDP and the Government rejected anti-Semitism and acknowledged the 
reality of the Holocaust.
    The Government reportedly advised journalists and cartoonists to 
avoid anti-Semitism. Government officials insisted that anti-Semitic 
statements in the media were a reaction to Israeli government actions 
against Palestinians and did not reflect historical anti-Semitism; 
however, there were relatively few public attempts to distinguish 
between anti-Semitism and anti-Israeli sentiment.
    On January 5, the Supreme Administrative Court upheld a 2001 lower 
court decision to recommend the cancellation of the Abu Hasira festival 
(for Jewish pilgrims) in the Beheira Governorate. In 2003, the Ministry 
of Culture designated Abu Hasira's tomb as a ``historic site'' and 
ruled that an annual festival could be held. Villagers around the 
shrine protested, claiming that the Jewish visitors aggravated the 
locals with their drinking. There were reports in December, however, 
that Jewish pilgrims were again welcome to celebrate the Abu Hasira 
festival, scheduled for early January 2005.
    In December 2003, following international expressions of concern, 
the special collections section of the Alexandria Library removed a 
copy of ``The Protocols of the Elders of Zion'' from a display of 
religious manuscripts. In a statement, the director of the library 
denied allegations that the book had been displayed next to the Torah, 
but nonetheless stated that its inclusion was a ``bad judgment'' and 
regretted any offense the incident might have caused.
    Law 263 of 1960, which is still in force, bans Baha'i institutions 
and community activities. During the Nasser era, the Government 
confiscated all Baha'i community properties, including Baha'i centers, 
libraries, and cemeteries. The problems of Baha'is, who number fewer 
than 2,000 persons in the country, have been compounded since the MOI 
began to upgrade its automation of civil records, including national 
identity cards. The Government asserted that its new software requires 
all citizens to be categorized as Muslims, Christians, or Jews, 
although some Baha'is initially received identity cards which listed 
their religion as ``other.'' During the year, Baha'is and other 
religious groups who did not choose to describe themselves as Muslim, 
Christian, or Jewish, were compelled either to misrepresent themselves 
as members of one of these three religions, or to go without valid 
identity documents, passports, birth and death certificates, and 
marriage licenses. Most Baha'is have chosen the latter course. The 
Government's unwillingness to issue Baha'is identity cards and other 
necessary documents made it increasingly difficult for Baha'is to 
register their children in school, to open bank accounts, and to 
register businesses. At year's end, some Baha'is reported that 
government representatives had offered them passports, but no other 
documents. The Baha'i leadership noted that while this would enable 
them to leave the country, it would not facilitate their continued 
residence in the country.
    For a more detailed discussion, see the 2004 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; however, there 
were some notable exceptions. 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 prohibits forced exile, and the Government did not 
use it during the year.
    The Constitution includes provisions for the granting of refugee 
status or asylum to persons who meet the definition in the 1951 U.N. 
Convention Relating to the Status of Refugees and its 1967 Protocol; 
however, the Government limited the ease with which the refugee 
population could integrate locally. The Government generally did not 
issue work permits to refugees. The Government admitted refugees on the 
understanding that their presence in the country was temporary. 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, 
70,000 Palestinian refugees are 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 occasional reports that human rights activists were 
briefly detained for questioning at international ports of entry/
departure. On May 19, Cairo airport security personnel prohibited four 
members of a delegation from the Egyptian Center for Housing Rights 
from traveling to Thailand to attend a workshop. The delegation 
canceled its trip and complained to the Ministry of Interior, but it 
never learned the reason for the ban.
    Also during the year, the security services prevented three members 
of the MB (Essam El Erian, Abdel Hamid El Ghazaly, and Mohsen Radi), as 
well as MB-affiliated journalist Ahmed Ezz Eddine, from traveling to 
meetings outside the country (see Section 4).
    The disappearance of Yemeni dissident Ahmed Salem Ebeid, who EOHR 
alleged was sent by the Government to Yemen, may have involved the 
forced return of a person to a country where he feared prosecution (see 
Section 1.b.).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens did not have the meaningful right to change their 
government. The ruling National Democratic Party (NDP) 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 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. In 
October, political activists and opposition political party members 
called for constitutional revisions to change from referendum to 
multiple-candidate presidential elections and term limits. On December 
12, 300 activists from the Kifaya (Enough) movement staged a protest 
against President Mubarak running for a fifth term in office. There was 
little government interference (see Section 2.b.).
    Despite the overall improvement in the 2000 electoral process (as 
compared to the 1995 parliamentary elections), there still were 
problems affecting the fairness of the 2000 parliamentary elections. 
Preceding the elections, the Government arrested thousands of MB 
members on charges of belonging to an illegal organization. Most 
observers believed that the Government was seeking to undermine the 
MB's participation in the People's Assembly and professional syndicate 
elections through intimidation.
    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 MOI's use of Emergency Law powers. 
Many executive branch initiatives and policies were carried out by 
regulation through ministerial decree without legislative oversight. 
Individual voting records were not published, and citizens had no 
independent method of checking a member's voting record.
    The Shura Council, the upper house of Parliament, has 264 seats. 
Two-thirds of the members were elected and one-third were appointed by 
the President. In 2001, President Mubarak appointed 45 members to the 
Shura Council, including 8 women and 4 Christians.
    In May and June, Shura Council elections resulted in the NDP 
winning 70 of 88 open seats. Independents won 17 seats. One of the 
independents, from Giza, is widely known to be a member of the 
officially banned MB. The opposition Tagammu (Grouping) Party won a 
solitary Shura seat.
    There were 18 recognized opposition parties, not all of which were 
active.
    The Political Parties Committee (PPC) approves applications by 
prospective parties and may withdraw recognition from existing parties. 
The Labor Party, which lost recognition in 2000, remained suspended at 
year's end (see Section 2.a.). During the September National Democratic 
Party Conference, the party leadership announced a plan to seek 
People's Assembly approval in November to relax the political party 
registration process. By year's end, the PPC had approved two new 
parties, including the Al-Ghad (Tomorrow) Party.
    In addition, during the year, a variety of other aspirant political 
parties sought legal recognition from the courts or the PPC. The PPC 
rejected the Wasat (Middle) Party on the grounds that it illegally 
sought to establish a party with an Islamic basis. The PPC rejected the 
Karama (Dignity) Party on the grounds that its platform was not 
sufficiently different from other existing parties. By year's end, the 
International Peace Party and the Nationalist Party had also been 
denied. The Egypt Motherland, the Democratic Wafd, and the Progressive 
Arab parties' applications remained pending.
    On June 2, the Abdeen Appeals Court placed the Ahrar (Liberal) 
Party and its 18 publications under judicial sequestration and 
appointed a custodian to oversee the financial and administrative 
functions of the party. Since 1998, 13 members have competed for the 
chairmanship, with 6 holding general conferences and claiming to have 
been legitimately elected. The PPC did not recognize any of the 
results. An appeal against the sequestration was pending at year's end.
    The law prohibits political parties based on religion, and the MB 
remained an illegal organization; however, MB members openly and 
publicly 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 MB were elected to the People's Assembly as independents in 
2000. One of the 17 was unseated in 2003, when Gamal Heshmat lost a by-
election. There were reports of heavy-handed police interference on 
polling day in favor of his opponent.
    There were 11 women in the 454-seat People's Assembly. Two women 
served among the 32 ministers in the Cabinet. In 2003, the Government 
appointed a female jurist to serve on the Supreme Constitutional Court. 
She became the first female citizen to serve on the bench.
    There were 7 Christians in the 454-seat People's Assembly and 2 
Christians in the 32-member Cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Government restrictions on NGO activities, including limits on 
organizations' ability to accept funding, continued to limit reporting 
on human rights abuses. Government officials were selectively 
cooperative and responsive to NGO views. Some human rights activists 
were briefly detained for questioning at international ports of entry 
(see Section 2.d.).
    In 2002, the Government passed a law governing the regulation and 
operation of all NGOs operating in the country. The law and its 
subsequent implementing regulations drew criticism from local NGOs and 
international activists. Some 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.
    In 2003, the Parliament passed legislation establishing the 
National Council for Human Rights (NCHR), which became operational 
early in the year. The Council is composed of 25 members and headed by 
a chairman and a deputy, who serve 3-year terms. The Council's mandate 
is to receive human rights complaints and request competent government 
authorities to investigate them, to consult with the Government on the 
development of legislation that promotes good human rights practices, 
to increase public awareness on human rights, to issue an annual report 
on human rights in the country, and coordinate and network with other 
entities focused on human rights.
    Observers have complained about the Council's slow start and modest 
results achieved to date. At year's end, the Council had received 
budgetary support from the Government as well as the European Union. 
Reliable reports indicated that the NCHR received over 4,000 
complaints. NCHR reported that it referred an unspecified number of the 
complaints that it deemed credible to relevant authorities, but by 
year's end had received replies on only 50 cases.
    Public visibility of the NCHR's activities was generally low, but 
increased over the course of the year. In October, for example, Council 
Vice Chairman Dr. Kamal Abul Magd, after visiting Tora and Abu Zaabal 
prisons, suggested there had been some improvement in prison 
conditions, but stressed the Council's determination to seek guarantees 
against preventive detention. In December, NCHR publicly announced that 
it would urge the Government, in its annual report to be issued in 
early 2005, to abolish the Emergency Law, on the grounds that ordinary 
constitutional law is sufficient to meet the country's security 
requirements.
    In June 2003, years after it first applied, the EOHR was officially 
registered. HRAAP, another established and credible human rights group, 
also successfully registered. At least three human rights groups 
remained unable to operate during the year due to 2003 government 
decisions to deny their registration for obscure ``security reasons.'' 
The status of some others was pending at year's end (see Section 2.b.).
    In November 2003, the Arab Program for Human Rights Activists and 
the Word Center for Human Rights announced the rejection by the 
Ministry of Social Affairs of the Word Center's application for NGO 
status, citing ``security objections.'' The Ministry also contended 
that the Center is a group based on religion and therefore not eligible 
for NGO status under the NGO Law (Law 84/02). The Word Center 
previously had applied for recognition as a ``social company'' by the 
Ministry of Foreign Trade and Industry. This option, which has been the 
resort of other NGO-like groups denied registration under the NGO law, 
can afford basic legal recognition. The Word Center's ``social 
company'' application was accepted in 1996; and the Center operated 
without restriction. The Word Center has filed suit against the 
Ministry of Social Affairs for recognition as an NGO and its case was 
pending at year's end.
    EOHR and other groups obtained limited cooperation of government 
officials in visiting some prisons in their capacity as legal counsel, 
but not as human rights observers. They received funding from foreign 
human rights organizations.
    During the year, the Government permitted the Cairo Institute for 
Human Rights Studies (CIHR) and other human rights organizations, 
including HRAAP, EOHR, and the Arab Center for Independence of the 
Judiciary, to hold and participate in international conferences.
    The Government at times cooperated with international 
organizations; however, according to the delegate to the 2003 session 
of the U.N. Committee Against Torture, the Government had not agreed to 
a requested visit by the UNCHR Special Rapporteur on Torture because of 
an incompatibility of timetables (see Section 1.c.).
    On July 25, inspectors from the Ministry of Health visited the 
premises of the El Nadim Center for the Rehabilitation of the Victims 
of Torture. This inspection visit provoked domestic and international 
concerns that the Government was harassing this human rights 
organization. (The El Nadim Center was not registered as an NGO with 
the Ministry of Social Affairs but was registered as a medical clinic, 
and thus falls under Ministry of Health jurisdiction.) The inspectors 
confiscated equipment and personal papers of doctors and well as 
patients, and soon after the inspection, one volunteer doctor at the 
Center was transferred from his position as the Director of the Airport 
Hospital for Mental Health to a department at the Khanka Hospital. El 
Nadim lodged a formal complaint with the Office of the Public 
Prosecutor, and HRW addressed a letter to President Mubarak requesting 
his immediate intervention to stop the harassment. By late September, 
the Ministry of Health had halted its inquiry, and the Nadim Center was 
proceeding with its work.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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.--The law does not prohibit spousal abuse; however, 
provisions of law relating to assault in general are applied. Domestic 
violence against women was a significant problem and was reflected in 
press accounts of specific incidents. In 2003, the Center for Egyptian 
Women's Legal Affairs conducted a survey of women, based in part on an 
assessment of crime reports in the vernacular press over a 6-month 
period, which estimated that 67 percent of women in urban areas and 30 
percent in rural areas had been involved in some form of domestic 
violence at least once between 2002 and 2003. 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 National Council for Women (NCW) proposed and advocated 
policies that promoted women's empowerment and also designed 
development programs that benefit women. The Office of the National 
Ombudsman for Women provided assistance to women facing discrimination 
in employment and housing, domestic violence, sexual assault, and child 
custody disputes.
    The law prohibits non-spousal rape; however, spousal rape is not 
illegal. The Government prosecuted rapists, and punishment for rape 
ranges from 3 years to life imprisonment. 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.
    The law does not specifically address ``honor'' crimes (violent 
assaults by a male against a female, usually a family member, with 
intent to kill because of perceived lack of chastity). In practice, the 
courts sentenced perpetrators of such crimes to lesser punishments than 
those convicted in other cases of murder. There were no reliable 
statistics regarding the extent of honor killings; however, it was 
believed that they were not common.
    FGM remained a serious, widespread problem, despite the 
Government's attempts to eliminate the practice and NGO efforts to 
combat it. Traditional and family pressures remained strong. A study 
conducted in 2000 estimated 97 percent of women who have ever been 
married had undergone FGM. The Government supported efforts to educate 
the public about FGM; however, illiteracy impeded 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. FGM 
was equally prevalent among Muslims and Christians.
    Prostitution and sex tourism are illegal but continued to occur, 
particularly 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 require 
such permission, but police sometimes did not apply the law 
consistently. 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. 
In February, Counselor Tahany al-Gabbani was appointed to the Supreme 
Constitutional Court, the first, and only, female citizen to be 
appointed to the bench. 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. As of October, their challenge was still pending.
    On September 5, the Minister of Awqaf (Religious Endowments) for 
the first time appointed a woman to the position of General Manager at 
the Waqf Authority.
    Laws affecting marriage and personal status generally corresponded 
to an individual's religion. Article 20 of the Procedural Personal 
Status Law of 2000 provides for khul' divorce, which allows a Muslim 
woman to obtain a divorce without her husband's consent, provided that 
she is willing to forego all of her financial rights, including 
alimony, dowry, and other benefits. However, in practice, some judges 
have not applied the law accurately or fairly, causing lengthy 
bureaucratic delays for the thousands of women who have filed for khul' 
divorce. Many women have also complained that after being granted 
khul', the required child alimony is not paid.
    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 of his parents' property. Male Muslim heirs face strong social 
pressure to provide for all family members who require assistance; 
however, in practice this assistance was 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 from 
2003, 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. 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 to reform family 
law, educate women on their legal rights, promote literacy, and combat 
FGM.

    Children.--The Government remained committed to the protection of 
children's welfare; however, in practice, the Government made little 
progress in eliminating FGM, affording rights to children with foreign 
fathers, and helping street children.
    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. 
The Education Minister asserted that 98 percent of citizen children 
were enrolled in compulsory education through grade nine. Approximately 
30 percent of citizen students pursued studies at the post-secondary 
level.
    The Government provided medical care for all children, regardless 
of gender.
    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.).
    In May 2003, the Suggestions and Complaints Committee of the 
People's Assembly approved a draft law that would allocate special 
holding cells for minors at police stations. The proposal had not been 
adopted by the entire Parliament at year's end.
    Children with foreign fathers were not considered citizens and 
therefore could not attend public school or state universities. They 
were also 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 remained a serious problem and was widely performed (see 
Section 5, Women).
    During the year, the country's National Council of Childhood and 
Motherhood (NCCM), a government organ, developed a national plan to 
increase educational opportunities for girls, to combat the worst forms 
of child labor (in collaboration with the ILO), and to implement a 
reproductive health awareness program for public schools. At year's 
end, implementation was underway.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; however, other portions of the criminal code 
may be used to prosecute traffickers. There were anecdotal and press 
reports of trafficking of persons from sub Saharan Africa and Eastern 
Europe through the country to Europe and Israel. There have been press 
reports about foreigners trying to cross over to Israel seeking 
employment there. It is difficult to determine with precision how many 
of the aliens smuggled through the country were actually being 
trafficked and how many were voluntary economic migrants. The 
Government aggressively patrolled its borders to prevent alien 
smuggling, but geography and resource limitations precluded total 
success. Government officials participated in international conferences 
on combating trafficking in persons.

    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 educational material in 
public schools. There were approximately 5.7 million persons with 
disabilities, of whom 1.5 million were disabled severely.
    The law provides that 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, are given priority in obtaining telephones, and receive 
reductions on customs duties for private vehicles. A number of NGOs 
were active in efforts to train and assist persons with disabilities.

    Other Societal Abuses and Discrimination.--In February 2003, a 
court rejected the appeal of foreign national Wissam Toufic Abyad, who 
had been convicted of ``habitual debauchery'' after arranging to meet a 
police informant posing as a homosexual man on an internet site. Abyad, 
serving a 15-month sentence, was unable to get his case heard by the 
Court of Cassation. He was released in May.
    In February 2003, a Court of Appeal in Agouza, Cairo upheld the 3-
year sentences of 11 allegedly homosexual men convicted of ``habitual 
debauchery.'' A twelfth defendant was tried in juvenile court and later 
sentenced to 2 years' imprisonment. Lawyers for the 12 appealed the 
case to the Court of Cassation, but no court hearing date had been set, 
and the 12 remained in prison during the year.
    Individuals suspected of homosexual activity and arrested on 
``debauchery'' charges regularly reported being subjected to 
humiliation and abuse while in custody.
    In March, the HRW Executive Director visited the country to unveil 
the new report ``In a Time of Torture,'' which focused on harassment 
and abuse of alleged homosexuals.
    During the year, there were no reports of wide scale Internet 
entrapment of homosexuals.
Section 6. Worker Rights
    a. The Right of Association.--There are no legal obstacles to 
establishing private sector unions, although such unions were uncommon. 
Workers may join trade unions, but were 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.
    There were 23 trade unions, all required to belong to the Egyptian 
Trade Union Federation (ETUF), the sole legally recognized labor 
federation; however, requiring all trade unions to belong to a single 
federation infringes on freedom of association. The ETUF controlled the 
nomination and election procedures for trade union officers and 
permitted public authorities to intervene in union financial 
activities. The Government showed no sign that it intended to accept 
the establishment of more than one federation. ETUF officials had close 
relations with the ruling NDP, and some were members of the People's 
Assembly or the Shura Council. They spoke on behalf of worker concerns, 
and 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. The law does not permit anti-union discrimination. There 
were no reports of attempted discrimination, nor were there reports of 
attempts to enforce this protection.

    b. The Right to Organize and Bargain Collectively.--The 2003 Labor 
Law (Law 12) calls for the establishment of a labor consultative 
council, including representatives from the Government, employers, and 
workers associations. The council, in working with other labor experts, 
addresses tripartite issues and problems and reviews labor-related 
domestic and international legislation; however, the council did not 
meet during the year. The law provides for collective bargaining, 
allowing for tripartite negotiations to improve labor terms and 
conditions and resolve disputes between workers and employers. 
Collective negotiation may be set in motion by any of the concerned 
parties without the consent of other parties involved with the 
assistance of the concerned administrative authority.
    The Labor Law also established special Pentagonal Committees 
composed of two judges and representatives from the Ministry of 
Manpower and Migration (MOMM), the ETUF, and employers. The Labor Law 
provides these committees with judicial powers to adjudicate labor 
disputes arising from the law's application. Decisions by these 
committees, which are intended to serve in place of the courts of first 
resort, may be appealed through the regular appeals process. During the 
year, the Pentagonal Committees issued more than 200 verdicts in labor 
disputes.
    The MOMM established a unit in 2003 for collective negotiations and 
for monitoring the implementation of collective agreements. The 
Government sets wages, benefits, and job classifications for public 
sector and government employees, and the private sector sets 
compensations for its employees in accordance with the Government's 
laws regarding minimum wages.
    The Labor Law permits strikes, but only after an extended 
negotiation process. There were at least 15 strikes during the year. 
Wildcat strikes are prohibited. Peaceful strikes are allowed, provided 
they are announced in advance and organized by the trade union to 
defend vocational, economic, and social interests. To call a strike, 
the trade union must notify the employer and concerned administrative 
authority at least 10 days in advance of the strike date, giving the 
reason for the strike and the date it would commence. Prior to this 
formal notification, the strike action must be approved by a two-thirds 
majority of the ETUF Board of Directors. This advance notification 
requirement effectively eliminates wildcat strikes. Strikes are 
prohibited by law during the validity of collective bargaining 
agreements and during the mediation and arbitration process. Strikes 
are also prohibited in strategic or vital entities in which the 
interruption of work could result in a disturbance of national security 
or basic services. The Labor Law also regulates litigation related to 
collective bargaining and allows collective bargaining in what are 
identified as strategic and vital establishments.
    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 non-binding 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. A Special 
Economic Zones (SEZ) law was issued in 2002 laying the legal foundation 
for the establishment of SEZs that will be export-oriented. According 
to the SEZ law, rules governing labor in the SEZs will be more 
flexible, since the authority regulating the SEZ can tailor contracts 
in accordance with business needs while adhering to the general 
requirements of the labor law. At year's end, the Ministry of 
Investment was proceeding to establish an SEZ in East Port Said.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor. The 2003 Labor Law and the Child 
Law do not specifically prohibit forced and compulsory labor by 
children. Such practices, including by children, were reportedly rare.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Local trade unions reported that the Ministry of Labor adequately 
enforced labor laws in state-owned enterprises, but enforcement in the 
private sector, especially in the informal sector, was lax. Employers 
continued to abuse, overwork, and generally endanger many working 
children. Changes in the Child Labor Law have not significantly 
improved conditions due to lax enforcement by the Government. 
Enforcement remained spotty, and in cases where offenders have been 
prosecuted, the fines imposed were often small (e.g., 20 LE, or $3.25) 
and thus had questionable deterrent effect. Regulations proposed in 
2003 under the revised labor law sharply increased the minimum fines in 
child labor cases to LE 500 ($81). The Government has developed 
programs that emphasize prevention and include employer, parent, and 
child counseling.
    The law limits the type and conditions of work that children under 
the age of 18 may perform legally. In nonagricultural work, the minimum 
age for employment is 14 or the age of completing basic education (15), 
whichever is higher. 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.
    Pre-employment training for children under the age of 12 is 
prohibited. Children are prohibited from working for more than 6 hours 
per day, and one or more breaks totaling at least 1 hour must be 
included. Several other restrictions apply to children: they may not 
work overtime, during their weekly day(s) off, between 7 p.m. and 7 
a.m., or on official holidays. Children are also prohibited from 
working for more than 4 hours continuously.
    Statistical information regarding the number of working children 
was difficult to obtain and often outdated. NGOs estimated that up to 
1.5 million children worked. Government studies indicated that the 
concentration of working children was higher in rural than in urban 
areas. Approximately 78 percent of working children were in the 
agricultural sector. However, children also worked in light industry.

    e. Acceptable Conditions of Work.--During the year, the minimum 
wage for government and public sector employees was determined by the 
National Council of Wages and differed among sectors. The 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 nationwide minimum wage 
generally was enforced effectively for larger private companies; 
however, smaller firms did not always pay the minimum wage. The minimum 
wage frequently 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 sets worker health and safety standards, 
which also apply in the EPZs; however, enforcement and inspections were 
uneven. A council for occupational health and safety was established by 
the Labor Law to address health and safety issues nationwide. During 
the year, ETUF called for development of a national health insurance 
program prior to proposed changes in the health insurance law.
    The new labor law prohibits employers from maintaining hazardous 
working conditions, and workers have the right to remove themselves 
from hazardous conditions without risking loss of employment.
    Starting on June 11, employees at the Ora-Egypt asbestos products 
firm engaged in strike actions. The strikers said that 46 employees had 
suffered from cancer as a result of unsafe working conditions. On 
September 21, the Government closed Ora-Egypt.
    In 2003, 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.

                               __________

                                  IRAN

    The Islamic Republic of Iran\1\ is a constitutional, theocratic 
republic in which Shi'a Muslim clergy dominate the key power 
structures. Article Four of the Constitution states that ``All laws and 
regulations . . . shall be based on Islamic principles.'' Government 
legitimacy is based on the twin pillars of popular sovereignty (Article 
Six) and the rule of the Supreme Jurisconsulate (Article Five). The 
unelected Supreme Leader of the Islamic Revolution, Ayatollah Ali 
Khamene'i, dominates a tricameral division of power among legislative, 
executive, and judicial branches. Khamene'i directly controls the armed 
forces and exercises indirect control over the internal security 
forces, the judiciary, and other key institutions. The executive branch 
was headed by President Mohammad Khatami, who won a second 4-year term 
in June 2001, with 77 percent of the popular vote in a multiparty 
election. The legislative branch featured a popularly elected 290-seat 
Islamic Consultative Assembly, Majlis, which develops and passes 
legislation, and an unelected 12-member Council of Guardians, which 
reviews all legislation passed by the Majlis for adherence to Islamic 
and constitutional principles and also has the duty of screening Majlis 
candidates for eligibility. Conservative candidates won a majority of 
seats in the February Seventh Majlis election that was widely perceived 
as neither free nor fair, due to the Council of Guardians' exclusion of 
thousands of qualified candidates. The 34-member Expediency Council is 
empowered to resolve legislative impasses between the Council of 
Guardians and the Majlis. The Constitution provides that ``the 
judiciary is an independent power''; however, the judicial branch is 
widely perceived as both corrupt and heavily biased towards 
conservative elements within the society and against reformist forces.
---------------------------------------------------------------------------
    \1\ The United States does not have an embassy in Iran. This report 
draws heavily on non-U.S. Government sources.
---------------------------------------------------------------------------
    Several agencies share responsibility for law enforcement and 
maintenance of order, including the Ministry of Intelligence and 
Security, the Law Enforcement Forces under the Ministry of Interior, 
and the Islamic Revolutionary Guards Corps, a military force 
established after the revolution. A paramilitary volunteer force known 
as the Basiji, and various gangs of men known as the Ansar-e Hezbollah 
(Helpers of the Party of God), or ``plain clothes,'' aligned with 
extreme conservative members of the leadership, acted as vigilantes. 
Civilian authorities did not fully maintain effective control of the 
security forces, and there were instances in which elements of the 
security forces acted independently of government authority. The 
regular and the paramilitary security forces both committed numerous, 
serious human rights abuses.
    The mixed economy depends on oil and gas for 80 percent of its 
export earnings. The population was more than 69 million. All large-
scale industry is publicly owned and state-administered. Large 
parastatal charitable foundations (``bonyads''), with strong 
connections to the clerical regime, controlled as much as a third of 
the country's economy and exercised considerable influence. The 
Government heavily subsidized basic foodstuffs and energy costs. 
Government mismanagement and corruption negatively affected economic 
performance. The official unemployment rate was approximately 11 
percent, although other estimates were higher. Estimated inflation was 
15 percent with economic growth approximately 6.5 percent during the 
year.
    The Government's poor human rights record worsened, and it 
continued to commit numerous, serious abuses. The right of citizens to 
change their government was restricted significantly. Continuing 
serious abuses included: summary executions; disappearances; torture 
and other degrading treatment, reportedly including severe punishments 
such as amputations and flogging; poor prison conditions; arbitrary 
arrest and detention; lack of habeas corpus or access to counsel; and 
prolonged and incommunicado detention. Citizens often did not receive 
due process or fair trials. The Government infringed on citizens' 
privacy rights and restricted freedom of speech, press, assembly, 
association, and religion.
    An intense political struggle continued during the early part of 
the year between a broad popular movement favoring greater 
liberalization in government policies, particularly in the area of 
human rights, and certain hard-line elements within the Government and 
society that viewed such reforms as a threat to the survival of the 
Islamic Republic. In many cases, this struggle was played out within 
the Government, with reformists and hard-liners squaring off in 
divisive internal debates. As in the past, reformist members of Majlis 
were harassed, prosecuted, and threatened with jail for statements made 
under parliamentary immunity. In screening for the February Seventh 
Majlis elections, the Guardian Council ruled approximately 2,500 of the 
over 8,000 prospective candidates ineligible to run, including 85 
sitting reformist deputies; this was one factor leading to 
conservatives winning a majority of seats.
    The Government restricted the work of human rights groups. Violence 
and legal and societal discrimination against women were problems. The 
Government discriminated against 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.--There were reports 
of political killings. The Government was responsible for numerous 
killings during the year, including executions following trials that 
lacked due process.
    The 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.
    Exiles and human rights monitors alleged that many of those 
supposedly executed for criminal offenses in the past, such as 
narcotics trafficking, actually were political dissidents. Supporters 
of outlawed political groups, or in the case of the Mujahedin-e Khalq, 
a terrorist organization, were believed to constitute a number of those 
executed each year.
    In January, security forces killed four persons and injured many 
others when they attacked striking copper factory workers in the 
Khatunabad village near Shahr-i Babak (see Section 6.b.).
    In February, security forces killed seven persons in post-Majlis 
election violence in the towns of Andimeshk and Izeh in Khuzestan 
Province and the town of Firuzabad in the Fars Province.
    In August, Iranian media reported that 16-year-old Ateqeh Rajabi 
was hanged in public for charges reportedly involving her ``acts 
incompatible with chastity.'' Rajabi was not believed to be mentally 
competent; she had no access to a lawyer. Her sentence was reviewed and 
upheld by the Supreme Court. An unnamed man arrested with her was given 
100 lashes and released.
    In July 2003, an Iranian-Canadian photographer, Zahra Kazemi, died 
in custody after being arrested for taking photographs at Evin prison 
in Tehran. After initially claiming that she had died as a result of a 
stroke, the Government subsequently admitted that she died as a result 
of a blow to the head and charged individuals involved in her 
detention. The Government denied Canada's request, based on her son's 
statement, that Kazemi's remains be sent to Canada for further autopsy 
and burial. In July, a court acquitted an Intelligence Ministry 
official accused of her death, and the Government has taken no 
subsequent investigative or legal action to resolve ambiguities 
surrounding her death (see Section 4).
    Two political activists associated with the outlawed Komala party, 
Sassan al-Kanaan and Mohammad Golabi, were executed in February and 
March 2003. Golabi reportedly was tortured while in detention. The 
opposition Democratic Party of Iranian Kurdistan (KDPI) alleged that 
the Government executed party member Jalil Zewal in December 2003, 
after 9 years in prison during which he reportedly was tortured. KDPI 
member Ramin Sharifi was also executed in December 2003 after his 
arrest in July 2003. KDPI reported that hard-line vigilante groups 
killed at least seven other Kurdish civilians during 2003.
    The 1998 murders of prominent political activists Darioush and 
Parvaneh Forouhar, writers Mohammad Mokhtari and Mohammad Pouyandeh, 
and the disappearance of political activist Pirouz Davani continued to 
cause controversy about what is perceived to be the Government's cover-
up of involvement by high-level officials. Prominent investigative 
journalist Akbar Ganji, who was arrested in 2000 and sentenced to 6 
years in prison for his reporting on the case, remained in prison (see 
Sections 1.d. and 1.e.). In 2001, the Special Representative for Iran 
of the Commission on Human Rights (UNSR) also reported claims that 
there were more than 80 killings or disappearances over a 10-year 
period as part of a wider campaign to silence dissent. 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.

    b. Disappearance.--Little reliable information was available 
regarding the number of disappearances during the year.
    The Government announced that approximately 4,000 persons--both 
protesters and vigilantes--were arrested in connection with pro-reform 
protests in June 2003. As of December, approximately 130 still were 
detained.
    No further information was known regarding the disappearances of 
Baha'i, Kurdish, and Jewish Iranian prisoners cited in previous Human 
Rights Reports dating from as early as the fall of the Shah in 1979.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution forbids the use of torture, as does the 
Law on Respect of Lawful Liberties and Protection of Citizenship Rights 
adopted in May; 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. Additionally, in recent years, 
government officials have inflicted severe prisoner abuse and torture 
in a series of ``unofficial'' secret prisons and detention centers 
outside the national prison system. Common methods included prolonged 
solitary confinement with sensory deprivation, beatings, long 
confinement in contorted positions, kicking detainees with military 
boots, hanging detainees by the arms and legs, threats of execution if 
individuals refused to confess, burning with cigarettes, sleep 
deprivation, and 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.
    On February 28, Judiciary Head Ayatollah Shahroudi issued a 
directive protecting the rights of the accused and, among other points, 
instructing police, judicial officials, and security agents to refrain 
from physical abuse when interrogating suspects. On May 2, the Majlis 
passed a law based on this 15-point directive in the form of the Bill 
on Legitimate Liberties and Civil Rights, which the Council of 
Guardians approved shortly thereafter. However, there is much anecdotal 
evidence that this law was ignored routinely in practice.
    In August, credible international and local NGOs reported the case 
of a prisoner in the province of Khuzistan who had to have his hands 
amputated because prison officials had left him hanging by the wrists 
and then forgot about him.
    In August 2003, the Council of Guardians rejected a bill on 
accession to the U.N. Convention against Torture and Other Cruel, 
Inhuman, or Degrading Treatment or Punishment. The Majlis amended the 
bill in late December 2003, reportedly addressing Council of Guardians 
concerns over the monetary costs of joining the convention, but the 
council still rejected the revised bill. The Council of Guardians also 
rejected in mid-2002 a bill passed by the Majlis to end torture and 
forced confessions.
    In July 2002, in an effort to combat ``un-Islamic behavior'' and 
social corruption among the young, the Government formed a new 
``morality'' force, referred to merely as ``special units'' (yegan ha-
ye vizhe), to complement the existing morality police, ``Enjoining the 
Good and Prohibiting the Forbidden'' (Amr be Ma'ruf va Nahi az Monkar). 
The new force was to assist in enforcing the Islamic Republic's strict 
rules of moral behavior. Credible 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 regarded as insufficiently modest (see Section 1.f.). While 
not uniformly enforced, in July, morality police made several raids in 
shopping centers and shops in northern Tehran, rounding up young women 
who they determined to be violating the Islamic dress code and 
confiscating articles of clothing considered immodest.
    In February, Mohsen Mofidi reportedly received 80 lashes following 
a 4-month prison sentence having been convicted of consuming alcohol, 
owning a satellite dish, and aiding his sister's ``corruption'' in 
associating with male companions. He died in a hospital in Tehran 
shortly after his release.
    In March 2003, activist Siamak Pourzand was re-imprisoned after his 
provisional release in November 2002. After his arrest in 2001, 
Pourzand was tried in March 2002 behind closed doors and sentenced to 
11 years in prison for ``undermining state security through his links 
with monarchists and counter-revolutionaries.'' Press reports said that 
he had confessed to his crimes at his trial, but his family claimed 
that the confession was extracted under duress. Pourzand suffered 
severe health problems while held incommunicado, reportedly including a 
heart attack, and was allegedly denied proper medical treatment. As of 
December, Siamak Pourzand was on leave from prison for medical 
treatment, his condition a direct result of physical, emotional, and 
mental abuse during 2 years of imprisonment (over 12 months of which 
was in solitary confinement). Despite critical health problems, the 
Government did not allow him to leave the country for treatment.
    In April 2003, Former Deputy Prime Minister and longtime political 
dissident, Abbas Amir-Entezam was re-imprisoned, after his release in 
2002 for medical reasons. Amir-Entezam was reportedly incarcerated for 
calling for a referendum on whether the country should remain under 
clerical rule during a speech at Tehran University. He was reportedly a 
frequent victim of torture in prison resulting in numerous medical 
problems. He reported having been taken on numerous occasions before a 
firing squad (see Section 1.e.). During the year, he was released on 
medical leave until late November, due to the Government's inability to 
treat his medical conditions in prison. As of December, he was 
receiving medical treatment at his home while recovering from back 
surgery, and his medical leave was extended until early January 2005.
    In July 2003, an Iranian-Canadian photographer, Zahra Kazemi, died 
in custody as a result of a blow to the head (see Section 1.a.).
    In November 2003, four men were reportedly sentenced to death by 
stoning for involvement in kidnapping and rape. In December 2002, the 
Government officially suspended the practices of amputation and 
lapidation or stoning--a form of capital punishment for adultery and 
other crimes, although the law has not been rescinded. Amnesty 
International (AI) reported at least nine cases of amputation since 
2002 and four cases of execution of children.
    In mid-September, the Public Relations head of Hamedan Province's 
Department of Prisons announced that the fingers of a robber were cut 
off on the order of the public prosecutor's office. In mid-October, an 
Ahvaz judge upheld the sentence to amputate a young man's right hand, 
with the sentence subsequently implemented. On November 11, in 
Sanandaj, a 14-year-old Kurdish boy died after having received 85 
lashes based on a judge's ruling finding him guilty of breaking his 
fast during the month of Ramadan.
    Prison conditions in the country were poor. Many prisoners were 
held in solitary confinement or denied adequate food or medical care to 
force confessions. After its February 2003 visit, the U.N. Working 
Group on Arbitrary Detentions reported that ``for the first time since 
its establishment, [the Working Group] has been confronted with a 
strategy of widespread use of solitary confinement for its own sake and 
not for traditional disciplinary purposes.'' The Working Group 
described Sector 209 of Evin Prison as a ``prison within a prison,'' 
designed for the ``systematic, large-scale use of absolute solitary 
confinement, frequently for long periods.''
    The 2001 report by the UNSR noted a significant increase in the 
prison population and reports of overcrowding and unrest. In July, the 
UK-based International Center for Prison Studies reported that 133,658 
prisoners occupied facilities constructed to hold a maximum of 65,000 
persons. In November, the Iran Prison Organization reported a prison 
population of 134,103.
    The UNSR reported that much of the prisoner abuse occurred in 
unofficial detention centers run by unofficial intelligence services 
and the military. The UNSR further reported that the unofficial 
detention centers were to be brought under the control of the National 
Prison Organization (NPO) during 2001; however, November 2003 press 
reports indicated that a number of unofficial detention centers 
continued to operate outside NPO control. The U.N. Working Group on 
Arbitrary Detention raised this issue with the country's Article 90 
Parliamentary Commission during its February 2003 visit, generating a 
commission inquiry that reportedly confirmed the existence of numerous 
unofficial prisons.
    In a June study, Human Rights Watch (HRW) documented a number of 
unofficial prisons and detention centers such as ``Prison 59'' and 
``Amaken'' an interrogation center where persons are held without 
charge, questioned intensively for prolonged periods, and physically 
abused and tortured during the process.
    The Government generally has only granted prison access to the 
International Committee of the Red Cross (ICRC); however, it did permit 
visits to imprisoned dissidents by U.N. human rights officials during 
2003 (see Section 4). U.N. Working Group on Arbitrary Detention 
officials visited Evin prison in Tehran--including sector 209, in which 
many political prisoners were believed held--as well as Esfahan and 
Shiraz prisons, the Shiraz military prison, and police stations in each 
city. The Working Group interviewed approximately 140 ``ordinary'' 
prisoners plus 14 out of a requested 45 inmates described as political 
prisoners and prisoners of conscience. The Working Group described the 
authorities' cooperation as ``on the whole positive,'' although it 
noted problems with fulfillment of follow-up requests generated by the 
visit and disappointment over arrests carried out after the Group's 
departure. Following his November 2003 visit to the country, the UNSR 
for the Promotion and Protection of the Right to Freedom of Opinion and 
Expression noted that his delegation met with almost 40 dissidents, 
both in and out of prison.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, these practices remained 
common. In practice, there is no legal time limit for incommunicado 
detention nor any judicial means to determine the legality of 
detention. In the period immediately following detention or 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. There also are numerous detention 
centers not under the control of the NPO, reportedly run by 
``plainclothes'' officers of various security and intelligence 
agencies, elements of the judiciary, and state-sponsored vigilante 
groups.
    The security forces often did not inform family members of a 
prisoner's welfare and location. Authorities often 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 received such information reportedly were forced on occasion 
to pay the Government to retrieve the body of their relative.
    Security forces often targeted family members of political 
prisoners for harassment. In April, a court sentenced student activist 
Payman Piran, detained since February on charges of acting against 
national security, contacting foreigners, disturbing public opinion, 
and behaving insultingly, to 10 years in prison. In July, security 
forces forcibly evicted retired teacher Mostafa Piran, father of Peyman 
Piran, and his family from their apartment, confiscated their goods, 
and sealed the apartment. They beat Mostafa Piran and then detained him 
in Evin Prison. He was not informed of any charges against him nor 
allowed to see a lawyer. Subsequently, family members who saw him said 
that he had been mistreated during lengthy interrogation sessions and 
badly bruised. Also in July, Simin Mohammadi and her father Mohammad 
Mohammadi, sister and father respectively of jailed student activists 
Manuchehr and Akbar Mohammadi, were arrested, reportedly for ``acts 
against state security.'' Simin was released after posting bail 
following 2 weeks' imprisonment in solitary confinement; her father 
also was released on bail after having had a heart attack in solitary 
confinement.
    According to the media, in November, Mohammad Reza Aghapour, former 
editor-in-chief of the banned magazine, Asan, was arrested upon his 
return from London where he reportedly attended seminars on the 
circumstances of the country's Turkish population. At year's end, there 
was no information on whether Aghapour was imprisoned or if charges 
were brought against him.
    According to the media, in September, authorities arrested and held 
for 11 days Soeed Matalebi, the father of Sinn Motalebi, a political 
opponent of the regime who helped to operate an Internet opposition 
website.
    In January 2003, the Government released Ayatollah Hossein Ali 
Montazeri, amid reports of health problems after 5 years of house 
arrest. Montazeri was formerly the designated successor of the late 
Spiritual Leader, Ayatollah Khomeini, who subsequently became an 
outspoken critic of the Supreme Leader (see Section 2.a.). In recent 
years, the Government has used the practice of house arrest to restrict 
the movements and ability to communicate of senior Shi'a religious 
leaders whose views regarding political and governance issues were at 
variance with the ruling orthodoxy; however, there was no information 
on current practice.
    In July 2003, the press credibly reported that Iranian-American 
academic Dariush Zahedi was detained during a private visit to the 
country and reportedly held in solitary confinement in Evin prison. 
Majlis officials noted that Zahedi was held on suspicion of espionage 
but, after a 40-day investigation, was cleared by the Ministry of 
Intelligence. However, Zahedi remained in detention after the case was 
transferred to the judiciary, reportedly at the intervention of 
Tehran's chief prosecutor. Zahedi was released on approximately 
$250,000 (200 million Tomans) bail in November 2003 and, although 
technically free to leave the country, is still subject to criminal 
prosecution. As of February, Zahedi had left the country; the charges 
against him were still pending.
    In November 2003, security agents briefly arrested two sons of 
Ayatollah Hossein Ali Montazeri, the dissident cleric released from 
house arrest in January (see Section 1.d. above). The arrests 
reportedly were in response to the sons' attempts to refurbish a 
building purchased by the family for use as a teaching facility. The 
Qom mosque and Koranic school at which Montazeri formerly taught has 
remained closed since 1997, when comments by the cleric questioning the 
authority of the Supreme Leader sparked attacks on the school and his 
home by Ansar-e Hezbollah mobs.
    In November 2003, student activist Ahmed Batebi met with the UNSR 
for the Promotion and Protection of the Right to Freedom of Opinion and 
Expression, while on medical leave from prison where he is serving a 
15-year sentence for participating in the 1999 student demonstrations. 
He was re-arrested shortly afterward; however, he was temporarily 
released in late April, but he was re-incarcerated and, again, 
temporarily released on May 3. Subsequently, he was returned to prison, 
and his 10-year sentence remained in place.
    AI reported that in October 2003, Arzhang Davoodi was arrested for 
assisting in making a television documentary criticizing the 
authorities. Reportedly, he was kept in solitary confinement for over 3 
months and extensively beaten during the period. According to AI, he 
has not been charged and, although having paid bail in March, has not 
been released.
    In July 2002, the Government permanently dissolved the Freedom 
Movement, the country's oldest opposition party, and sentenced over 30 
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 up to more than approximately $6,000 (currently 48 million 
tomans) (see Sections 2.b. and 3).
    Numerous publishers, editors, and journalists (including those 
working on Internet sites) were either detained, jailed, and fined, or 
they were prohibited from publishing their writings during the year 
(see Section 2.a.).
    Adherents of the Baha'i faith continued to face arbitrary arrest 
and detention. According to Baha'i sources, four Baha'is remained in 
prison for practicing their faith at year's end, one facing a life 
sentence, two facing sentences of 15 years, and the fourth a 4-year 
sentence. A small number of Baha'is were detained at any given time. 
Sources claimed that such arrests were carried out to ``terrorize'' the 
community and to disrupt the lives of its members. Others were 
arrested, charged, and then quickly released. However, the charges 
against them often were not dropped (see Section 2.c.).
    During 2003, the Government continued to exchange with Iraq 
prisoners of war (POWs) and the remains of deceased fighters from the 
1980-88 Iran-Iraq war. In March 2003, the Government said it released 
888 Iraqi POWs in exchange for 351 Iranian prisoners that the 
Government claimed were not POWs, but religious pilgrims, university 
students, tour guides, farmers and villagers from the border regions, 
and border guards). In April and August, the Government claimed that it 
held no more Iraqi POWs.

    e. Denial of Fair Public Trial.--The Constitution provides that the 
judiciary is ``an independent power''; however, in practice the court 
system 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, the U.N. 
Working Group on Arbitrary Detention, and independent human rights 
organizations noted the absence of procedural safeguards in criminal 
trials. Trials are supposed to be open to the public; however, 
frequently they are held in closed sessions without access to a lawyer; 
the right to appeal often is not honored.
    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 try offenses viewed as 
potentially threatening to the Islamic Republic, including threats to 
internal or external security, narcotics and economic crimes, 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 review authority.
    After the revolution, the judicial system was revised to conform to 
an Islamic canon based on the Koran, Sunna, and other Islamic sources. 
Article 157 provides that the Head of the Judiciary, currently 
Ayatollah Mahmoud Hashemi Shahrudi, shall be a cleric chosen by the 
Supreme Leader. The head of the Supreme Court and Prosecutor General 
also must be clerics. Women are barred from serving as judges.
    Many aspects of the pre-revolutionary 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. Panels of judges adjudicate trials. There is no jury system in 
the civil and criminal courts. If post-revolutionary statutes did not 
address a situation, the Government advised judges to give precedence 
to their own knowledge and interpretation of Islamic law.
    In its 2003 report, the U.N. Working Group on Arbitrary Detention 
noted failures of due process in the court system caused by the absence 
of a ``culture of counsel'' and the previous concentration of authority 
in the hands of a judge who prosecuted, investigated, and decides 
cases. The Working Group called for active involvement of counsel in 
cases, from the custody and investigation phase through the trial and 
appeals phases. The Working Group welcomed the December 2002 
reinstatement of prosecution services, after a 7-year suspension, but 
noted that this reform had thus far had been applied unevenly, with the 
judge still having major investigative responsibilities in many 
jurisdictions.
    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 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 ``anti-
revolutionary 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 show trials that were intended merely to highlight a 
coerced public confession.
    The legitimacy of the Special Clerical Court system continued to be 
a subject of debate. The clerical courts, which investigate offenses 
and crimes committed by clerics and which are overseen directly by the 
Supreme Leader, are 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 clerics for expressing 
controversial ideas and for participating in activities outside the 
sphere of religion, such as journalism. The recommendations of the U.N. 
Working Group on Arbitrary Detention included a call to abolish both 
the Special Clerical Courts and the Revolutionary Courts, which were 
described as ``responsible for many of the cases of arbitrary detention 
for crimes of opinion.''
    The President stated on April 28 that, ``absolutely, we do have 
political prisoners and people who are in prison for their beliefs.'' 
No accurate estimates were available regarding the number of citizens 
imprisoned for their political beliefs. In November 2003, the UNSR for 
the Promotion and Protection of the Right to Freedom of Expression and 
Opinion estimated the number to be in the hundreds. The Government has 
arrested, convicted, and sentenced persons on questionable criminal 
charges, including drug trafficking, when their actual ``offenses'' 
were political. The Government has 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 December, a Tehran justice department official alleged that the 
Government tried and sentenced fugitive al-Qaeda members detained in 
the country. The Government did not identify those convicted, the 
verdicts, or their sentences.
    In March 2002, 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 5 years 
in prison (2 years for disseminating state secrets and 3 years for the 
possession of firearms) and 70 lashes for the possession of alcohol. 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 2000 
but released after a month pending trial. An appeals court upheld his 
conviction in July 2002; he was arrested and taken to Evin Prison in 
August 2002. In November 2003, the Supreme Court reportedly dismissed 
his appeal. According to the NGO PenCanada, in September, a group of 
prisoners in collusion with prison authorities reportedly attempted to 
kill Zarafshan. Opposition websites reported that Zarafshan 
participated in a July hunger strike to protest mistreatment of 
prisoners' families by government officials. Reportedly, since 
September 2003, prison authorities have given Zarafshan only one leave 
of 48 hours.
    Several other human rights lawyers also reportedly were abused, 
among them Mohammad Dadkhah, who participated in the defense of members 
of the Iran Freedom Movement and is a founding member of the Iranian 
Center for Protection of Human Rights, and Abdol Fattah Soltani, who 
was reportedly charged for raising accusations of torture during the 
2002 defense of a number of political prisoners. In 2002, Dadkhah was 
sentenced to 5 months in jail and banned from practicing law for 10 
years; however, in November, he remained free and was practicing law. 
However, in October, the Government refused to issue him a passport. In 
2002, Soltani was sentenced to 4 months in prison and barred from 
practicing law for 5 years. At year's end, he was not in jail but still 
precluded from practicing law. The U.N. Working Group on Arbitrary 
Detention included among its recommendations the need for guaranteeing 
the immunity of counsel in pleading cases as an essential element of 
the right to due process.
    In November 2002, academic Hashem Aghajari was sentenced to death 
at a closed trial for blaspheming against Islam during a speech in 
Hamedan. In addition to the death sentence, he was sentenced to 74 
lashes, exile to a remote desert location, 8 years in jail, and a ban 
on teaching for 10 years. In February 2003, the Supreme Court revoked 
his death sentence, but the case was sent back to the lower court for 
retrial. In June, the Government announced that the Supreme Court 
overturned his death sentence. As a result of a retrial in July, the 
sentence was reduced to 3 years in prison and 2 years suspended 
sentence in prison, in addition to 5 years ``deprivation of social 
rights.'' Aghajari was released on bail on July 31 and has announced 
that he will challenge the court's decision to bar him from publishing 
articles and speaking in public.
    Former Deputy Prime Minister, Abbas Amir-Entezam, was re-imprisoned 
in April 2003, after his release in 2002 for medical reasons. A 
longtime political dissident, Amir-Entezam has spent much of the past 
24 years in prison. He reportedly was incarcerated for calling for a 
referendum on whether the country should remain under clerical rule 
(see Section 1.c.). During the year, he was freed on medical leave due 
to the Government's inability to treat his medical conditions in 
prison. As of December, he was receiving medical treatment at his home 
recovering from back surgery, and his medical leave was extended until 
early January 2005.
    The trials in 2000 and 2001 of 13 Jewish citizens on charges 
related to espionage for Israel were marked by a lack of due process. 
Ten of the original 13 were sentenced to jail terms ranging from 4 to 
13 years. The last five in prison were released in April 2003 (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.
    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. Attackers targeted 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. In October, in Rasht, Unit 110 
of the Law Enforcement Forces, another police unit charged with 
maintaining Islamic propriety, arrested 8 girls and 12 boys dancing at 
a party. In Shiraz, in late October, over a 2-day period at least 150 
people were arrested. Eyewitnesses said that dozens of individuals, 
mostly youths, were arrested on the streets for their ``un-Islamic 
attire.'' A large number of persons reportedly were arrested for 
``acting as a nuisance.'' A young man was arrested for ``eating in 
public'' in the Islamic holy month of Ramadan according to friends 
accompanying him.
    Authorities 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. There were also widespread 
reports that the homes and offices of reformist journalists were 
entered, searched, or ransacked by government agents in an attempt to 
intimidate. The government campaign against satellite dishes continued, 
although enforcement appeared to be arbitrary and sporadic, varying 
widely with the political climate and the individuals involved. Press 
reports from late 2003 noted that security authorities restarted 
periodic efforts to remove satellite dishes from Tehran homes, and in 1 
day confiscated 450 dishes in a single neighborhood. Early in the year, 
western media reported that Islamist militia confiscated approximately 
40,000 satellite dishes from 4 factories secretly manufacturing 
satellite equipment in eastern Tehran; however, the vast majority of 
satellite dishes in individual homes continued to operate.
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''; it makes no 
mention of freedom of speech. In practice, the Government severely 
restricted freedom of speech and of the press. Since the election of 
President Khatami, 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 since 
approximately 2000, the independent press has been subjected to 
arbitrary enforcement measures by elements of the Government, notably 
the judiciary, which treated such debates as a threat.
    In October, security forces prevented dissident intellectual 
Emaddedin Baghi from leaving the country to accept an award for civil 
courage, informing him he was on a list of those forbidden to leave the 
country (see Section 2.d.). Later that month, a court revoked a 
December 2003 ruling that had suspended a 1-year prison sentence for 
``propagating against the regime,'' giving him 20 days to appeal the 
ruling. At year's end, Baghi was still free; however, he was not 
permitted to leave the country.
    In November, local press reported that after an early October 
trial, a Tehran Revolutionary Court sentenced Ebrahim Yazdi, leader of 
the Iranian liberal nationalist Freedom Movement opposition party, to 
an unspecified but long-term imprisonment, based on charges of actions 
against national security, possessing unauthorized weapons, insulting 
the supreme leader and government officials, and propagating against 
the system through actions benefiting opposition groups.
    The Government continued to harass senior Shi'a religious and 
political leaders and their followers who dissent from the ruling 
conservative establishment. In May, the Special Court for the Clergy in 
Qom arrested Hojatoleslam Mujtaba Lotfi, an aide to Ayatollah Hussein 
Ali Montazeri-Najafabadi, for publishing a book that detailed the 
ayatollah's 5 years under house arrest. The book also covered the 
attacks on Montazeri's home and theological school and described the 
various charges and accusations against Ayatollah Montazeri. The court 
confiscated all copies of the book. More generally, there were reports 
that the Government maintained a broad network of student informants in 
Qom's major seminaries, who reported teachings that are counter to 
official government positions.
    According to HRW, following a meeting in November 2003 with the UN 
Special Rapporteur on Freedom of Opinion and Expression, a student 
(Ahmed Batebi), who was out of prison on medical leave, was returned to 
prison by government officials (see Section 1.d.).
    In October 2003, media reported that reformist parliamentarian and 
outspoken critic Mohsen Armin was sentenced to 6 months in prison for 
insulting a conservative Majlis member. The judge reportedly also 
stripped Armin of his ``social rights'' for 1 year for not appearing in 
court. Armin ascribed his absence from court to his assumption that he 
held parliamentary immunity. In August, Armin appeared in court in 
response to a complaint relating to speeches he made in 1999-2002 and 
an accusation of spreading lies. At year's end, Armin had not been 
imprisoned.
    In spring 2001, security forces arrested then Majlis member Fatima 
Haqiqatju for inciting public opinion and insulting the judiciary for 
criticizing the arrest of a female journalist and claiming that the 
Government tortured prisoners. She was the first sitting Majlis member 
to face prosecution for statements made under cover of immunity. 
Haqiqatju was sentenced to 17 months in prison, although at year's end, 
she had not been imprisoned for this offense. Separately, in June, the 
public prosecutor summoned her to court and charged her with 
``propaganda against the system,'' ``spreading lies with the intent of 
disturbing public opinion,'' and ``insulting the Council of Guardians, 
the judiciary, and the Islamic Revolutionary Guard Corps.'' She was 
released on bail, but she was forbidden to leave the country. On 
November 29, Haqiqatju was summoned to a Tehran Penal Court due to a 
complaint by the Public Prosecutor based on her February 23, 2003, 
resignation speech from the Majlis. She was charged with spreading lies 
to disturb public opinion, insulting officials, and propaganda against 
the Government.
    Newspapers and magazines represented a wide variety of political 
and social perspectives, many allied with members of the Government. 
Many subjects were tolerated, including criticism of certain government 
policies. However, the 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 Ayatollah Montazeri; and advocating rights 
or autonomy for ethnic minorities. Organs of the Government, such as 
the judiciary or the National Security Council, often issued written 
orders to newspapers instructing them to avoid covering controversial 
topics, or directing them as to how to cover these topics.
    The Press Law established the Press Supervisory Board, which 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 Press Court for further action, including closure. 
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.
    Since 2000, approximately 100 newspapers and magazines have been 
closed for varying lengths of time. In the last few years, some human 
rights groups asserted that the increasingly conservative Press Court 
assumed responsibility for cases before Press Supervisory Board 
consideration, often resulting in harsher judgments. Efforts to amend 
the press laws have not met with success, although in October 2003, 
Parliament passed a law limiting the duration of temporary press 
closures to a maximum of 10 days for newspapers, 4 weeks for weeklies 
or bi-weeklies, 2 months for monthlies, and 3 months for other 
publications. The importance of the legislation was to stop the 
practice of extending ``temporary'' bans indefinitely.
    The Press Law allows government entities to act as complainants 
against newspapers, and often members of the Islamic Revolutionary 
Guards Corps, the Intelligence Ministry, the Law Enforcement Forces, 
the Islamic Republic of Iran Broadcasting, or other public officials 
lodged criminal complaints against reformist newspapers that led to 
their closures. Offending writers were subjected 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.''
    Freedom of the press continued to deteriorate during the year. Many 
reformist newspapers and magazines were closed, and many of their 
managers were sentenced to jail and, sometimes, lashings.
    In January, legal authorities threatened eight reformist dailies 
for their coverage of the sit-in by reformist deputies in front of the 
Parliament. The weekly Hadith-e Kerman, in Kerman Province, was closed 
in February for coverage in 2003 of serial killings committed by armed 
militia. In February, prior to the Parliament elections, the newspapers 
Sharq and Yas-e Nau were shut for publishing extracts from a letter by 
reformist parliamentarians to the Supreme Leader of the Islamic 
Republic, Ali Khamenei. The letter blamed Khamenei for the electoral 
``coup d'etat'' and the current political crisis. In July, Jumhuriyat, 
a morning newspaper started by reformist and human rights activist 
Emadeddin Baqi, was closed after publishing only one issue. Also in 
July, the court for offenses committed by government employees and the 
media issued a temporary ban against the Vaqa-yi Itifaqi-yi daily 
newspaper. Complaints against the newspaper included propaganda against 
the state, ``insulting officials,'' and ``publishing lies.'' At year's 
end, the paper remained closed. A handful of pro-reform newspapers 
continued to publish, most with heavy self-censorship. In contrast to 
the past when new reformist newspapers often opened to replace those 
that had been closed, this was no longer the case.
    Dozens of individual editors and journalists have been charged and 
tried by the Press Court in recent years, and several prominent 
journalists were jailed for long periods without trial. Others have 
been sentenced to prison terms or exorbitant fines. As of October, at 
least 14 journalists, editors, and publishers remained in prison, 
according to Reporters Without Borders (RSF), the most prominent being 
Akbar Ganji, sentenced to 6 years in prison in 2000 for his reporting 
on the ``serial murder'' of prominent reformists by elements within the 
Intelligence Ministry. Ganji has been allowed short furloughs from 
prison for treatment of a serious medical condition. Ali Reza Jabari 
was jailed in March 2003 after being sentenced to 4 years of 
imprisonment, 253 lashes, and an approximately $750 (600,000 Tomans) 
fine for ``relations with enemies of the Islamic Republic of Iran and 
propaganda against the Government.'' Appeals subsequently reduced his 
term to 2 years, and he was released in October, 4 months before the 
end of his 2-year sentence. Other journalists imprisoned during the 
year included: Iraj Jamshidi, imprisoned without trial and held in 
isolation for long periods; Taghi Rahmani, held in solitary confinement 
for long periods and reportedly sentenced in a separate case to 13 
years in jail; and Reza Alijani and Hoda Saber, both held since June 
2003 and reportedly sentenced in separate cases to 6 and 10 years, 
respectively. In November, the head of Tehran's Islamic Revolution's 
Court Branch 26 ordered Alijani, Saber, and Rahmani released on bail of 
approximately $63,000 (50 million Tomans) each. In October 2003, 
journalist Mohsen Sazgara was released from jail amid rumors of ill 
health, after 4 months in prison on charges of inciting protest.
    In January, freelance journalist Ensafali Hedayat was arrested 
after returning to the country after attending a conference in Germany 
organized by a group advocating a democratic and secular state. He 
reportedly faced charges relating to national security in connection 
with his participation in this conference and with a visit to Turkey in 
2003, as well as defamation charges relating to an article he wrote 
which appeared on a website. Reportedly he was held in solitary 
confinement. In May, the Tabriz Appeals Court confirmed an 18-month 
prison sentence against him; reportedly he planned to appeal. However, 
in early December, according to his lawyer, Hedayat was returned to 
prison and his application to extend his leave from prison denied, due 
to ``political activities'' while on leave.
    In January, a criminal court found Abdul Rasul Vesal, managing 
director of the daily newspaper Iran, guilty of press offenses and 
barred him from working in public service (journalism) for 3 years.
    In May, an Iranian cleric serving as a member of the Press 
Supervisory Council, physically attacked and bit reformist journalist 
Issa Saharkhiz during a council meeting. At year's end, no charges had 
been brought against the cleric.
    In August, a court summoned former Majlis Deputy Mohsen Mirdamadi 
in response to a complaint from an Islamic Revolution Guards Corps 
member concerning published remarks by Mirdamadi that military 
personnel's interference in political affairs weakens the armed forces. 
At year's end, there was no further information on legal action; 
however, he had not been incarcerated.
    In August, dissident intellectual reformist and journalist 
Emaddedin Baqi and attorney Saleh Nikbakht appeared in court because of 
a complaint filed by the Intelligence and Security Ministry, relating 
to Baqi's banned book ``Tragedy of Democracy in Iran.'' Later in 
August, a public court fined Baqi approximately $115 (100 thousand 
Tomans) for insulting the Council of Guardians and other officials.
    In September, government officials arrested Hanif Mazroui, the son 
of a former member of Parliament, Rajabali Mazroui. Mazroui was a 
computer technician who worked for the daily newspaper Vaghayeh 
Etefaghieh, which was shut by the Government. He was freed on November 
11 after paying approximately $19,000 (15 million Tomans) bail.
    On December 27, the press reported that the Revolutionary Court 
sentenced prominent political activist Heshmat Tabarzadi, jailed since 
June 2003, to 16 years in prison.
    On December 25, a Tehran judge ruled, based on a complaint by the 
State-run ``Voice and Vision'' media, that former Tehran Majlis 
Representative Abol Fazl Shakuri Rad must pay approximately $500 
(400,000 Tomans) for comments made while he was a Majlis 
representative, despite constitutional protection according 
representatives the right to ``express their views on all internal and 
external affairs of the country.''
    The Government censored and banned access to Internet sites, many 
of them with political content, such as the Amir Kabir University news 
website. During the year, the Government launched a crackdown on sites 
based in the country, to include ``weblogs.'' Reportedly during the 
year, the Government blocked hundreds of Internet sites. According to 
HRW, since September, more than 20 Internet journalists and civil 
society activists have been arrested and held in a secret detention 
center in Tehran. By year's end, most were released on bail. On 
December 10, in a public letter to President Mohammed Khatami, the 
father of one of those detained, Ali Mazrui, who is also president of 
the Association of Iranian Journalists and a former Majlis member, 
implicated the judiciary in the torture and secret detention of these 
individuals. On December 11, the chief prosecutor of Tehran, Judge 
Saeed Mortazavi, filed charges against Mazrui for libel. On December 
14, four of these ``weblog'' detainees were presented at a televised 
``press conference'' arranged by Judge Mortazavi and denied that they 
had been subjected to solitary confinement, torture, or ill-treatment 
during their earlier detention. However, widespread and credible 
reports indicated that threats and coercions were used to induce their 
statements and, while in secret detention, threats, torture, and 
physical abuse were employed to obtain false confessions and letters of 
repentance from many of those detained.
    On November 1, according to media information, Mahboubeh Abbas-
Gholizadeh, editor of the magazine Farzaneh, was arrested after 
returning from London where she attended the European Social Forum. She 
was released on bail of approximately $38,000 (30 million Tomans) in 
late November.
    On October 28, Fereshteh Ghazi, a journalist addressing women's 
issues for the daily newspaper Etemad, was arrested after being 
summoned to court to answer questions. She was released in mid-December 
after 40 days of detention and paying bail of approximately $62,000 (50 
million Tomans). She was detained on a variety of charges including 
``acting against state security, spreading lies, membership in internal 
opposition groups, and defense of murders in order to stir up public 
opinion against the judiciary.'' For 23 of the 40 days of detention, 
Gazhi was on a hunger strike. According to press accounts, at least 
part of the time she was held in an undisclosed location and was 
repeatedly beaten by her interrogators for refusing to cooperate with 
her interrogators, including refusal to sign a ``confession.'' Her 
interrogators reportedly inflicted multiple, severe injuries, and, upon 
release in mid-December, she was immediately hospitalized.
    On October 18, Javad Gholam Tamayomi, a journalist with the daily 
Mardomsalari was arrested after responding to a summons from the Tehran 
prosecutor's office. On October 10, authorities arrested journalist and 
Internet writer Omid Memarian and detained him on charges of espionage. 
In early December, four of the seven detained ``weblog journalists'' 
were released on bail, with Omid Memarian and Shahram Rafizadeh 
released on bail of approximately $62,000 dollars (50 million Tomans). 
On September 27, Rozbeh Mir Ebrahimi, former political editor of the 
daily Etemad was arrested at his home for contributing to reformist 
Internet websites. On November 26, he was released on a bail of 
approximately $4,000 (3 million Tomans).
    Other weblog journalists detained as part of this repression 
included Shahram Rafizadeh, Babak Ghafouri-Azar, and Mehdi Derayati. 
The judiciary announced that they would be tried for ``acting against 
national security, disturbing the public mind, and insulting 
sanctities.'' On November 11, Mehdi Derayati, Masoud Ghoreishi, and 
Asghar Vatanikhah were released on bail. According to Derayati's 
father, these detainees spent up to 3 months in detention, much of it 
in solitary confinement at an undisclosed location. A number of 
Internet news sites continued to operate from outside the country. 
There is little information on the extent of readership inside the 
country; however, media suggested that there were upwards of 4.8 
million Internet users and as many as 100,000 weblogs.
    In January 2003, the judiciary halted efforts by deputy speaker of 
the Majlis, Mohammad-Reza Khatami, to re-open the banned newspaper 
Norouz under the new name Rouz-e No, by extending the 6-month ban on 
the original publication. Khatami was slated to replace former Norouz 
editor and parliament member Mohsen Mirdamadi, who, despite 
parliamentary immunity, was sentenced in May 2002 to 6 months in jail 
and banned from practicing journalism for 4 years for ``insulting the 
state, publishing lies, and insulting Islamic institutions.'' At year's 
end, there were no reports that Mirdamadi had been imprisoned; however, 
the newspaper has never re-opened.
    In January 2003, the newspaper Hayat-e No was banned and editor 
Alireza Eshraghi arrested after the paper reprinted a 1937 U.S. cartoon 
about President Franklin Roosevelt's battle with the Supreme Court. The 
authorities deemed that the judge portrayed too closely resembled the 
late Ayatollah Ruhollah Khomeini. Eshraghi was released on bail for 
$31,400 (25 million Tomans) in March 2003, after spending all his jail 
time in solitary confinement in Evin Prison. The daily Hamshahri was 
also temporarily suspended in January 2003 after refusing to print an 
article from the chief of a state-run trade union. Hamshahri was 
apparently shut for 5 days; however, Hayat-e No remained closed at 
year's end.
    In January 2003, the Press Court also closed the reformist daily 
Bahar after the newspaper ran an article about a company whose 
shareholders include former president Hashemi Rafsanjani, former 
judiciary head Ayatollah Yazdi, and Ahmad Jannati, head of the 
Legislative Branch's Guardians Council. Bahar was first closed in 2000 
and had only re-opened in December 2002. The newspaper remained closed 
throughout the year.
    In February 2003, according to AI, Abbas Abdi and Hussein Qazian 
were sentenced to 8 and 9 years, respectively, in the National 
Institute for Research Studies and Opinion Polls case. In April 2003, 
an appeals court reduced the sentences to 4 years and 6 months for 
each. The third defendant in the case, Behrouz Geranpayeh, was 
reportedly released on bail in January 2003, pending a final ruling. 
The case originated in October 2002, when the judicial authorities 
closed the Institute, which had found in a poll commissioned by the 
Majlis that a majority of citizens supported dialogue with the United 
States. The defendants were charged with spying for the United States, 
illegal contacts with foreign embassies, working with anti-regime 
groups, and carrying out research on the order of a foreign polling 
organization. Government intelligence officials publicly stated that 
the accused were not spies. According to press reports, President 
Khatami also rejected the charges, stating that the Intelligence and 
Foreign Ministries had cleared the pollsters' work. Reformist 
parliamentarians were reportedly barred from the court, and the 
defendants were not allowed to see their families or their attorneys. 
At year's end, the defendants remained in jail.
    In May 2003, a government spokesman acknowledged state attempts to 
block access to ``immoral'' websites. The judiciary also announced the 
creation of a special unit to handle Internet-related issues. According 
to press reporting, the judiciary highlighted over 20 subject areas to 
be blocked, including: insulting Islam; opposing the Constitution; 
insulting the Supreme Leader or making false accusations about 
officials; undermining national unity and solidarity; creating 
pessimism among the population regarding the Islamic system; and 
propagating prostitution and drugs.
    In October 2003, RSF reported that the Government closed the 
newspaper Avay-e Kordestan, marking the first time a Kurdish language 
newspaper was banned in the country.
    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. In December 2002, the Majlis passed a bill 
legalizing private ownership of satellite receiving equipment. However, 
the Council of Guardians rejected the legislation in January 2003 on 
constitutional and religious grounds. The Government reportedly acted 
to block foreign satellite transmissions during the year using powerful 
jamming signals (see Section 1.f.).
    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. In August 2003, author of ``Iran's Women Musicians,'' Toka 
Maleki, its publisher Jaafar Homai, and cultural critic Banafsheh 
Samgis received prison terms for publishing and publicly commenting on 
the book, which was deemed to contain ``lies'' about Islamic history. 
The translator of the book, ``Women behind Veil and Well-Dressed Men,'' 
Maliheh Moghazei and Ministry of Culture and the Islamic Guidance 
Director General Majid Sayyad also received prison terms in connection 
with the book's publication.
    The Government effectively censored domestic films, since it 
remained the main source of production funding. Producers must submit 
scripts and film proposals to government officials in advance of 
funding approval. In April, ``Lizard,'' a film indirectly satirizing 
the clerical class, was released. It was withdrawn from circulation in 
May, and the screenwriter, director, producer, and star were banned 
briefly from travel abroad. Since the release and subsequent banning of 
this film, government restrictions over film have intensified.
    The Government restricted academic freedom. Government informers 
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 refrain from criticism of 
the authorities.

    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 prevent anti-
government protest. Such gatherings included public entertainment and 
lectures, student gatherings, labor protests, funeral processions, and 
Friday prayer gatherings.
    During a wave of student protests in June 2003, government-
supported vigilantes beat many protestors, and police arrested 
approximately 4,000 persons according to government figures shortly 
after the protests. Although the police arrested both protestors and 
vigilantes, the overwhelming majority of those arrested were 
protestors. Approximately 130 of those arrested during these protests 
were still in detention as of December. The Government banned 
demonstrations planned for July 9 to commemorate the killing of several 
students by security forces in the 1999 demonstrations in both 2003 and 
2004 (see Sections 1.b. and 1.f.). An unknown number of the students 
were still imprisoned, in addition to Ahmed Batebi, Manuchehr 
Mohammadi, Abbas Fakhravar, Akbar Mohammadi, and Mehrdad Lahrasbi. AI 
reported in March that Abbas Fakhravar had been given 19 days leave 
from prison and that prior to temporary release, he had been confined 
in ``Band 325'' military detention center run by the Islamic 
Revolutionary Guard Corps and subjected to sensory deprivation. As of 
November, International PEN reported that Fakhravar Fakhravar had been 
returned to Evin Prison.
    In December, according to local media, imprisoned student activist 
Manuchehr Mohamadi was found guilty of disturbing order in prison and 
acting against officials, and fined approximately $375 (300,000 
Tomans), which converted to additional imprisonment.
    Paramilitary organizations such as the Ansar-e Hezbollah, a group 
of vigilantes who seek to enforce their vision of appropriate 
revolutionary comportment upon the society, harassed, beat, and 
intimidated those who demonstrated publicly for reform. Ansar-e 
Hezbollah gangs were used to harass journalists, intimidate dissident 
clerics, and disrupt peaceful gatherings. Ansar-e Hezbollah cells were 
organized throughout the country, and some were reportedly linked to 
individual members of the country's leadership. In the period prior to 
the February Majlis elections, Ansar-e Hezbollah and other government-
supported vigilantes repeatedly attacked political gatherings of 
reformist candidates and vandalized their offices.
    In January, approximately 200 members of the Ansar-e Hezbullah 
vigilante group attacked a political meeting of disqualified 
prospective parliamentary candidates and their supporters in Hamedan. 
The vigilantes entered the meeting hall, heckled the speakers, and 
rushed the speakers' platform. No legal action was taken against the 
vigilantes.
    In May, government security officers reportedly attacked workers 
and their families during a Labor Day march in Saqez; 40 workers, 
including labor leader Mahmoud Salehi, reportedly were arrested (see 
Section 6.b.).
    In June, security forces reportedly arrested more than 100 ethnic 
Azeris for ``spreading secessionist propaganda'' during a holiday 
gathering of thousands of Azeri-Iranians in East Azerbaijan Province.
    In September, approximately 100 vigilantes disrupted a speech by 
prominent Islamic scholar Abdolkarim Soroush at a private home; 
security forces present at the scene failed to stop them. There was no 
subsequent legal action against the vigilantes.
    In June 2003, during a wave of pro-reform protests, members of 
vigilante groups, such as Ansar-e Hezbollah, attacked protestors, 
according to press reports. Ansar-e Hezbollah members reportedly 
stormed a university dormitory in Tehran, destroyed student property, 
and injured more than 50 students. Some vigilantes were reportedly 
included among those arrested by authorities during the clashes. 
Vigilantes who attacked a demonstration in Shiraz reportedly killed a 
protestor. Before being transferred to government custody, vigilantes 
reportedly seized and beat journalist Ensafali Hedayat. Vigilante 
groups were also reported to have attacked protesters during pro-reform 
demonstrations near Tehran University in December 2003.
    In December 2003, vigilantes beat reformist parliamentarian, Mohsen 
Mirdamadi, as he began a speech in Yazd. President Khatami ordered a 
crackdown on vigilantes after the attack; five individuals subsequently 
were arrested. At year's end, there was no further information on the 
status of their detention.
    In November 2002, the Aghajari verdict sparked large and ongoing 
protests at universities throughout the country (see Section 1.e.). 
Students boycotted classes for almost 2 weeks and staged the largest 
pro-reform demonstrations in 3 years, with crowds of up to 5,000 at any 
given location. In late December 2002, 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 40 
lashes. At year's end, there was no further information on their 
status.
    Government restrictions using Basiji and other forces restored 
quiet for 2 weeks, until a large demonstration occurred at the 
University of Tehran in December 2002, attended by over 2,000 within 
the walls of the campus, and with a larger crowd outside. Law 
enforcement officials and ``plainclothes'' forces wielding batons, 
whips, and belts suppressed the protest. Basiji violently dispersed 
subsequent demonstrations.
    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, the Government limited freedom of association, in 
practice.
    In July 2002, the Government permanently dissolved the Freedom 
Movement, the country's oldest opposition party, jailing some members 
and baring others from political activity for up to 10 years (see 
Sections 1.d. and 3).
    In 2001, the Government provisionally closed the 50-year-old Iran 
Freedom Movement political party for ``attempting to overthrow the 
Islamic regime,'' and the Government permanently banned it in 2002. In 
response to the permanent dissolution of the movement, President 
Khatami warned against the banning of political groups, saying that 
suppression did not eliminate ideas; they were simply forced 
underground and continue to grow (see Sections 1.d. and 1.e.).

    c. Freedom of Religion.--The Constitution declares that the 
``official religion of Iran is Islam and the doctrine followed is that 
of Ja'fari (Twelver) Shi'ism.'' The Constitution 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 ``protected'' religious minorities; however, in 
practice, the Government restricted freedom of religion.
    Religions not specifically protected under the Constitution did not 
enjoy freedom of religion. This situation most directly affected the 
approximately 300,000 followers of the Baha'i faith, who were not 
recognized by the Government as a community and were considered to 
belong to an outlawed political organization.
    The central feature of the country's Islamic republican system is 
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.
    The Ministry of Intelligence and Security (MOIS) closely monitored 
religious activity. 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. The population was 
approximately 99 percent Muslim, of which 89 percent were Shi'a and 10 
percent Sunni. Minorities (mostly Turkomen, Arabs, Baluchs, and Kurds) 
lived in the southwest, southeast, and northwest sections of the 
country. Baha'i, Christian, Zoroastrian, and Jewish communities 
constituted less than 1 percent of the population.
    Sunni Muslims are the largest religious minority in the country. 
The Constitution provides Sunni Muslims a large degree of religious 
freedom, although, for example, it forbids a Sunni Muslim from becoming 
President. In practice, Sunni Muslims claimed that the Government 
discriminated against Sunnis, although it was hard to distinguish 
whether the cause for discrimination was religious or ethnic, since 
most Sunnis are also ethnic minorities. Sunnis cited the lack of a 
Sunni mosque in the nation's capital, Tehran, despite the presence of 
over a million Sunnis living there, as a prominent example of this 
discrimination. Sunnis also have cited as proof of discrimination the 
lack of Sunni representation in appointed offices in provinces where 
Sunnis form a majority, such as Kordestan Province, and also the 
reported inability of Sunnis to obtain senior governmental positions. 
Sunnis also have charged that the state broadcasting company, Voice and 
Vision, aired programs insulting to Sunnis.
    In April, Sunni Majlis representatives sent a letter to Supreme 
Leader Khameneni, decrying the lack of Sunni presence in the executive 
and judiciary branch of government, especially in higher-ranking 
positions in embassies, universities, and other institutions. They 
called on Khamenei to halt anti-Sunni propaganda in the mass media, 
books, publications, and the state-run media; they also requested 
adherence to the constitutional articles ensuring equal treatment of 
all ethnic groups.
    Members of the country's religious minorities, particularly 
Bahai's, reported imprisonment, harassment, and intimidation based on 
their religious beliefs. 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. Religious minorities, by law and practice, are barred from 
election to a representative body, except to the five Majlis seats 
reserved for minorities, and from holding senior government or military 
positions. Members of religious minorities were allowed to vote, but 
they could not run for President. Although the Constitution mandates an 
Islamic Army, members of religious minority communities sometimes 
served in the military.
    The Government allowed recognized religious minorities to establish 
community centers and certain privately financed cultural, social, 
sports, or charitable associations. However, since 1983, the Government 
has denied the Baha'i community the right to assemble officially or to 
maintain administrative institutions.
    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. However, in January, the Expediency Council 
approved appending a Note to Article 297 of the 1991 Islamic 
Punishments Act, authorizing collection of equal blood money for the 
death of Muslims and non-Muslims.
    Proselytizing of Muslims by non-Muslims is illegal and the 
Government was harsh in its response, in particular against Baha'is and 
evangelical Christians. The Government did not ensure the right of 
citizens to change or recant their religion. Apostasy, specifically 
conversion from Islam, is punishable by death.
    Baha'is were considered apostates because of their claim to a 
religious revelation subsequent to that of the Prophet Mohammed. The 
Government defined the Baha'i faith 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. There have been reports 
in the past that historic Baha'i shrines were destroyed. Baha'is may 
not teach or practice their faith or maintain links with co-
religionists abroad. The Government continued to imprison and detain 
Baha'is based on their religious beliefs. A 2001 Ministry of Justice 
report indicated that government policy aimed at the eventual 
elimination of the Baha'is as a community.
    In February, two members of the Baha'i faith, Bihnam Mithaqi and 
Kayvan Khalajabadi, were released from prison after serving almost 15 
years on charges related to their religious beliefs. According to a 
Baha'i organization, the only Baha'i still known to be imprisoned in 
the country because of his adherence to the Baha'i faith is Zabihullah 
Mahrami, who was arrested in September 1995 and is serving a life 
sentence.
    In July, for the first time, Baha'i applicants were permitted to 
take part in the nationwide exam for entrance into state-run colleges. 
However, the word ``Islam'' was pre-printed in a slot listing a 
prospective student's religious affiliation. This action precluded 
Baha'i matriculation, since as a matter of faith, Baha'is do not deny 
their faith.
    According to Baha'i sources outside the country, since 2002, 23 
Baha'is from 18 different localities were arbitrarily arrested and 
detained for a short time because of their Baha'i faith. None of these 
persons was in prison at the end of the period covered by this report.
    In 2001, 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, but they reported restrictions on their activities. 
The authorities became particularly vigilant in recent years in curbing 
proselytizing activities by evangelical Christians. In May and June, 
several Christians in the northern part of the country reportedly were 
arrested, and in September, officials raided the Protestant Assemblies 
of God Church, imprisoning its minister, Hamid Pourmand. Since his 
arrest, Pourmand has been imprisoned at an undisclosed location, and, 
under local law, he can be executed for ``apostasy against Islam.''
    In May, there were reports of the arrest of evangelical Christians 
in the northern part of the country, including a Christian pastor and 
his family in Mazandaran Province. The pastor's family and two other 
church leaders who had been arrested earlier were reportedly released 
on May 30. Although the pastor reportedly was a convert from the Baha'i 
Faith, a number of those arrested in raids on house churches were 
converts from Islam. The pastor and another Christian leader reportedly 
were released from custody in early July.
    Estimates of the size of the Jewish community varied from 20,000 to 
30,000, a substantial reduction from the estimated 75,000 to 80,000 
Jews in the country 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. Jewish leaders reportedly 
were reluctant to draw attention to official mistreatment of their 
community due to fear of government reprisal.
    The Government carefully monitored the statements and views of the 
country's senior Muslim religious leaders. It has restricted the 
movement of several who have been under house arrest for years. All 
ranking clerics were under pressure to ensure that their teachings 
confirm or at least do not contradict government policy and positions.
    For a more detailed discussion, see the 2004 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 and change 
their place of residence without obtaining official permission. The 
Government required exit permits (a validation stamp in the passport) 
for foreign travel 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.).
    In October, AI reported that the Government confiscated the 
passport of a senior member of the Society for the Defense of the 
Rights of Prisoners, preventing him from attending human rights 
conferences (see Section 4).
    In May, the Government temporarily prohibited the screenwriter, 
director, producer, and star of the satirical film, ``Lizard,'' from 
leaving the country (see Section 2.a.).
    Citizens returning from abroad sometimes were subjected to searches 
and extensive questioning by government authorities for evidence of 
anti-government activities abroad. Recorded and printed material, 
personal correspondence, and photographs were subject to confiscation.
    The Government permitted Jews to travel abroad, but it 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 
another male relative to obtain a passport. Married women must receive 
written permission from their husbands before being allowed to leave 
the country.
    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.
    The law provides for granting asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol. The Government has established a system 
for providing protection to refugees. There were no reports of the 
forced return of persons to a country where they feared persecution; 
however, there were reports that the Government deported refugees 
deemed ``illegal'' entrants into the country. In times of economic 
uncertainty, the Government increased pressure on refugees to return to 
their home countries. The Government generally cooperated with the 
office of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees and refugee seekers.
    There was no information on the policy of the Government regarding 
temporary protection to individuals who may not qualify as refugees 
under the 1951 Convention or its 1967 Protocol.
    The country hosted a large refugee population, mostly Afghans, as 
well as a significant number of Iraqis. After the September 2001 
terrorist attacks, the Government sealed its border in anticipation of 
a war in Afghanistan and a resulting wave of refugees. The Government 
set up several refugee camps just inside Afghanistan to deal with the 
crisis. In September, UNHCR estimated that approximately 1 million 
refugees from Afghanistan remained in the country, with up to 1 million 
having returned to Afghanistan since the fall of the Taliban in 
December 2001. The Government denied UNHCR concerns that it was 
pressing Afghan refugees to leave. Most refugees subsisted on itinerant 
labor. The Government accused many Afghans of involvement in drug 
trafficking.
    The UNHCR estimated that in 2001 there were approximately 200,000 
Iraqi refugees in the country, the majority of whom were Iraqi Kurds, 
but also including Shi'a Arabs. Iraq expelled many of these Iraqi 
refugees 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.
    During 2003, the Government took substantial steps to prepare for 
the possibility of new Iraqi refugees, but significant outflows never 
appeared. In November 2003, the UNHCR initiated a pilot repatriation of 
refugees from the country and had repatriated a few hundred to Iraq by 
early December 2003. According to press reports, refugee officials 
speculated that up to 120,000 of the 200,000 refugees in the country 
may have crossed back into Iraq without formal assistance since April 
2003. As of September, according to the UNHCR, approximately 9,000 
Iraqi refugees in the country had been repatriated into Iraq, as part 
of a UNHCR program.
    Although the Government has 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. There was no further information during the year.
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 
elected by the Assembly of Experts and can only be removed by a vote of 
this same Assembly. The Assembly 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 clerical 
influence pervades the Government, especially in appointed, rather than 
elected, positions. The Government effectively controlled the selection 
of candidates for elections. The Council of Guardians, which reviews 
all laws for consistency with Islamic law and the Constitution, also 
screens candidates for election for ideological, political, and 
religious suitability. It accepts only candidates who support a 
theocratic state; clerics who disagree with government policies or with 
a conservative view of the Islamic state also have been disqualified.
    Regularly scheduled elections are held for the Presidency, the 
Majlis, and the Assembly of Experts.
    Elections that were widely perceived as neither free nor fair were 
held for the 290-seat Majlis in February. The Council of Guardians, 
taking an expansive interpretation of its responsibility to screen 
candidates, barred over a third of the over 8,000 prospective 
candidates, mostly reformists, to include over 85 sitting Majlis 
members seeking re-election. Reasons cited included not showing 
``demonstrated obedience'' to the current system of government. 
Reformers were reduced to a small minority of the Majlis.
    Subsequently, there has been tension between the new Majlis and 
President Khatami's Government. On October 4, the Vice President for 
Majlis and Legal Affairs resigned, stating that he was unable to 
facilitate good relations between the Government and the Majlis.
    Mohammad Khatami, a former Minister of Culture and Islamic Guidance 
who was impeached in 1992 by the Majlis for ``liberalism'' and 
``negligence,'' was elected President in 1997 and reelected in 2001 
with 77 percent of the vote. The UNSR reported that the Council of 
Guardians significantly limited the number of candidates permitted to 
run in elections and noted that the Interior Minister denounced the 
``unprincipled disqualification'' of candidates.
    Elections were last 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.
    In March, Supreme Leader Ayatollah Ali Khamenei told reporters 
that, ``any action that weakens the sacred Islamic republican state is 
not permissible.''
    In 1999, elections for nationwide local councils were held for the 
first time since the 1979 revolution. A second round of nationwide 
local council elections was held in February 2003; substantial numbers 
of the pro-Khatami reformist forces elected to these councils in 1999 
were defeated, and candidates aligned with conservative factions were 
elected.
    In July 2002, the Government permanently dissolved the Freedom 
Movement, the country's oldest opposition party, jailing some members, 
fining others and barring them from political activity for up to 10 
years (see Sections 1.d. and 2.b.).
    There was widespread public perception of extensive corruption in 
all three branches of government, to include the judiciary (where many 
lawyers have said, ``a judge's verdict is sold by the kilo''). This 
perception augmented by anecdotal information includes extensive 
corruption in the ``bonyards'' (foundations). In October, the NGO 
Transparency International released its annual Corruption Perception 
Index, noted that the country had an extremely low score (2.9 on a 10 
point scale) and commented that, ``corruption robs countries of their 
potential.'' In September 2003, the CEO and other top executives of the 
Norwegian oil company ``Statoil'' were dismissed after revelations of 
bribes paid an Iranian consulting company with direct links to the son 
of former President and current Expediency Council Chairman Ayatollah 
Ali-Akbar Hashemi-Rafsanjani.
    The country apparently has no laws providing for public access to 
government information.
    Women held 12 out of 290 Majlis seats. There were no female cabinet 
members, although several held high-level positions, such as Vice-
President. A woman served as Presidential Advisor for Women's Affairs, 
and another was head of the Environmental Protection Agency.
    Majlis seats were reserved for elected Christian (three), Jewish 
(one) and Zoroastrian (one) deputies. Religious minorities were barred 
from being elected to any other seats on a representative body and from 
holding senior government or military positions.
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.''
    In July, the Government granted permission to operate to an 
independent nonpolitical NGO, the Society for the Defense of the Rights 
of Prisoners. It worked to protect detainees and promote prison reform, 
established a small fund to provide free legal advice to prisoners, and 
supported the families of detainees.
    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, the Government 
severely curtailed their ability to meet, organize, and effect change. 
There were domestic NGOs working in areas such as health and 
population, women and development, youth, environmental protection, 
human rights, and sustainable development. Some reports estimated a few 
thousand local NGOs currently in operation.
    International human rights NGOs such as HRW and AI were not 
permitted to establish offices in or conduct regular investigative 
visits to the country. In June, AI officials, visited the country as 
part of the European Union's (EU's) Human Rights Dialogue, joining 
academics and NGOs to discuss the country's implementation of 
international human rights standards. However, authorities barred HRW 
and AI representatives from attending the EU's late 2002 human rights 
talks in Tehran, despite the EU's invitation. An October 2003 EU-Iran 
human rights dialogue was held in Brussels to facilitate the 
participation of NGO representatives. The Government also opened a 
human rights dialogue with Australia in 2002 and with Switzerland in 
October 2003, however, without tangible progress.
    The ICRC and the UNHCR both operated in the country. However, the 
Government did not allow the UNSR to visit the country from 1997 to 
2001, the last year his mandate to monitor human rights in the country 
was in effect. The Government allowed two visits by U.N. human rights 
representatives during 2003, one by the UNSR for the Promotion and 
Protection of the Right to Freedom of Opinion and Expression and one by 
a U.N. Working Group on Arbitrary Detention; there were no comparable 
visits during the year. In December, the Plenary of the U.N. 59th 
General Assembly adopted a resolution condemning the country for human 
rights abuses, including public executions, floggings, arbitrary 
sentences, torture, and discrimination against women and minorities.
    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 Majlis, the Article 90 Commission, which receives and 
considers complaints regarding violations of constitutional rights; 
however, when the Seventh Majlis formed its new Article 90 Commission, 
the commission announced that it was dropping all cases pending from 
the Sixth Majlis. During the year, the commission took no effective 
action.
    In October, AI reported that the Government confiscated the 
passport of Emaddedin Baqi, a senior member of the Society for the 
Defense of the Rights of Prisoners, preventing him from attending a 
ceremony outside the country where he was to receive an award for civil 
courage (see Section 2.d.). Baqi reportedly also was required to appear 
in court in August relating to complaints associated with his writings 
on human rights issues. At year's end, Baqi was still forbidden to 
leave the country.
    In October 2003, the Article 90 Commission issued a report on the 
death in custody of Iranian-Canadian photojournalist Zahra Kazemi. The 
report identified Tehran's Chief Prosecutor and other members of the 
judiciary as being directly involved in subjecting Kazemi to violent 
interrogations in Evin Prison, and later attempting to cover up the 
cause of her death. The Article 90 Commission findings reportedly 
dismissed allegations of MOIS involvement in Kazemi's death, although 
an MOIS officer was charged with but later acquitted of her murder (see 
Section 1.a.).
    In October 2003, lawyer and human rights activist Shirin Ebadi was 
awarded the Nobel Peace Prize for her work in advancing human rights 
both in the country and internationally. Ebadi, who served as one of 
the first female judges in the country before being forced to resign 
after the revolution, has campaigned on behalf of women, children, and 
victims of government repression. She represented the family of Darius 
and Parvaneh Forouhar, killed in 1998, and of a student killed during 
the 1999 student protests, which exposed links between vigilante groups 
and government officials and led to her arrest in 2000. Ebadi is a 
founder of the Center for the Defense of Human Rights, which represents 
defendants in political cases. She also agreed to represent the family 
of Zahra Kazemi during the investigation of her death and subsequent 
trial, and continued to press for justice in the case.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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, sex, and ethnicity. The poorest areas of the 
country are those inhabited by ethnic minorities, such as by the 
Baluchis in Sistan and Baluchestan Province, and by Arabs in the 
southwest. Much of the damage suffered by Khuzistan Province during the 
8-year Iran-Iraq war has not been repaired; consequently, the quality 
of life of the largely Arab local population was degraded. Kurds, 
Azeris, and Ahvazi Arabs were not allowed to study their languages.
    In October 2003, lawyer and human rights activist Shirin Ebadi was 
awarded the Nobel Peace Prize for her work in advancing human rights 
both in the country and internationally.

    Women.--Although spousal abuse and violence against women occurred, 
statistics were not available. Abuse in the family was considered a 
private matter and seldom was discussed publicly. Rape is illegal, and 
subject to strict penalties, but remained a widespread problem. The 
UNSR published statistics provided by the IHRC indicating that, at the 
end of 2001, an estimated 1,000 of approximately 3,000 active files 
were related to women's issues.
    In July, the Supreme Court voided the death sentence against 
Afsaneh Noroozi and ordered the case re-investigated by the original 
court. Noroozi has been jailed since 1997, having been accused of 
killing a police chief on Kish Island in the southern part of the 
country. Noroozi's lawyers claimed the act was legally permitted 
(``mashru''), as the official had tried to rape her, and the country's 
Islamic penal code allows citizens to take proportionate action to 
defend ``life, honor, chastity, property, or freedom.'' In November 
2003, after lobbying by female Majlis representatives and international 
attention, judiciary head Ayatollah Mahmoud Hashemi-Shahrudi lifted her 
death sentence and returned the case to the Supreme Court. On December 
21, the Kish Island court began a new trial of Nooroozi.
    Prostitution was illegal. Accurate information regarding the extent 
of the problem was not widely available, although the issue received 
greater attention as a result of the public's growing interest in 
social problems. Press reports described prostitution as a widespread 
problem, and government statistics showed the average age of 
prostitutes to be dropping.
    In December, human rights groups reported that ``Leyla M,'' an 18-
year-old with a mental age of 8 years, faced imminent execution for 
``morality-related'' offences arising from her being forced into 
prostitution by her parents as a child. In late November, she was 
sentenced to death by a court in Arak, and the sentence was 
subsequently passed to the Supreme Court for confirmation. According to 
November press reports, social workers tested her mental capacities 
repeatedly, and each time they have found her to have a mental age of 8 
years. However, she has apparently never been examined by the court-
appointed doctors and was sentenced to death solely on the basis of her 
explicit confessions, without consideration of her background or mental 
health.
    Provisions in the Islamic Civil and Penal Codes, in particular 
those sections dealing with family and property law, discriminate 
against women. Shortly after the 1979 revolution, the Government 
repealed the Family Protection Law, a hallmark bill adopted in 1967 
that had given women increased rights in the home and workplace, and 
replaced it with a legal system based largely on Shari'a practices. In 
1998, the Majlis passed legislation that mandated segregation of the 
sexes in the provision of medical care. In August 2003, the Council of 
Guardians rejected a bill that would require the country to adopt U.N. 
conventions on eliminating torture and ending discrimination against 
women.
    Although the law permits it, marriage at the minimum age of 9 was 
rare. In mid-2002, authorities approved a law that requires court 
approval for the marriage of girls below the age of 13 and boys younger 
than 15. Although a male can marry at age 15 and above without parental 
consent, the 1991 Civil Law states that a virgin female, even over 18 
years of age, needs the consent of her father or grandfather to wed, 
unless she is willing to go to court to get a ruling allowing her to 
marry without this consent. The country's Islamic law permits a man to 
have up to four wives. The law also 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 for the stoning of women and men 
convicted of adultery, although judges were instructed at the end of 
2002 to cease imposing such sentences (see Section 1.c.). Women may 
receive disproportionate punishment for crimes, including death 
sentences (see Section 1.a.). Women have the right to divorce if their 
husband has signed a contract granting that right or if the husband 
cannot provide for his family, is a drug addict, insane, or impotent. 
However, a husband is not required to cite a reason for divorcing his 
wife. In December 2002, a new law made the adjudication of cases in 
which women demand divorces less arbitrary and less costly.
    A widely used model marriage contract limits privileges accorded to 
men by custom, and traditional interpretations of Islamic law recognize 
a divorced woman's right to a share in the property that couples 
acquire during their marriage and to increased alimony. 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. In November 2003, the Government amended 
the existing child custody law, which in the case of divorce gave a 
mother custody of a son up to 2 years of age and a daughter up to age 7 
years, with custody reverting to the father thereafter. The new law 
gives a mother preference in custody for children up to 7 years of age; 
thereafter, the father has custody. After the age of 7 years, in 
disputed cases, custody of the child is to be determined by the court, 
taking into consideration the well being of the child.
    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. 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. Reportedly 60 
percent of university students were women; 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, their unemployment rate reportedly was significantly 
higher than for men. Women can own property in their own name, own 
businesses, and obtain credit at a bank. Women are barred from seeking 
the presidency and from appointment to the judiciary. 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.--There is little current information available to assess 
Government efforts to promote the welfare of 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. Health care generally is regarded as affordable and 
comprehensive with competent physicians.
    In December 2003, the Government enacted the Law on Protection of 
Children and Youth. This law prohibited abuse or harassment of children 
or youth in any manner and outlawed buying, selling, exploiting, or 
employing children to engage in illegal acts such as smuggling.
    There was not enough information available to reflect how the 
Government dealt with child abuse (see Sections 6.c. and 6.d.).

    Trafficking in Persons.--In August, the Government enacted the Law 
on Combating Human Trafficking, defining and setting punishments for 
trafficking in persons. However, there were widespread reports that 
persons were trafficked to, through, and from the country during the 
year. It was difficult to measure the extent of the Government's 
efforts to curb human trafficking, but national and international press 
reporting indicated that the Government has taken action against 
bandits involved in abducting women and children and pursued agreements 
with neighboring states to curb human trafficking. The Government also 
reportedly has arrested, convicted, and executed numerous human 
trafficking offenders. During the year, police reportedly arrested 
numerous members of prostitution rings and closed brothels.
    In April 2003, a court in Mashhad reportedly sentenced 53 
individuals to 281 years in prison and 222 lashes on charges of 
abduction and slavery for trafficking scores of young girls to 
Pakistan.

    Persons With Disabilities.--In May, the Majlis passed a 
Comprehensive Law on the Rights of the Disabled; however, subsequent 
media reports indicate that there has been no implementing regulation. 
There was no current information available regarding whether the 
Government has legislated or otherwise mandated accessibility for 
persons with disabilities, or whether discrimination against persons 
with disabilities is prohibited; nor is there any information available 
on which government agencies are responsible for protecting the rights 
of persons with disabilities.

    National/Racial/Ethnic Minorities.--The Kurds continued to suffer 
from government discrimination. Suspicions of Kurdish separatist or 
foreign sympathies have led to sporadic outbreaks of fighting between 
government forces and Kurdish groups. In recent years, greater Kurdish 
cultural expression has been allowed and Kurdish publications and 
broadcasting have expanded. However, there was still no public school 
education in the Kurdish language.
    The KDPI claimed that the Government executed at least three 
Kurdish party members and activists during the year and four during 
2003. According to KDPI, plainclothes vigilantes in five separate 
attacks killed seven more Kurds in 2003 (see Section 1.a.). Other 
activists reportedly were imprisoned.
    Azeris comprise approximately one-quarter of the country's 
population and are well integrated into the Government and society. 
However, Azeris complained of ethnic and linguistic discrimination, 
including banning the Azeri language in schools, harassing Azeri 
activists or organizers, and changing Azeri geographic names. The 
Government traditionally viewed Azeri nationalism as threatening, 
particularly since the dissolution of the Soviet Union and the creation 
of an independent Azerbaijan. Azeri groups 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, 
including the right to study and speak Arabic. In July 2003, 
authorities reportedly closed two bilingual Arabic/Farsi newspapers and 
imprisoned scores of political activists. They asserted that the 
Government ignored their appeals to de-mine the vast stretches of 
Khuzistan, mined during the Iran-Iraq War. They further stated that 
many Arabs, both Shi'a and Sunni, have been imprisoned and tortured for 
criticizing government policies. According to Ahwazi sources, a 
political activist with the Islamic Wafagh Party, Kazem Mojaddam, was 
sentenced to 2 years' imprisonment in November 2003 after his initial 
arrest in June 2003 on charges of secession and endangering internal 
security.

    Other Societal Abuses and Discrimination.--The law prohibits and 
punishes homosexuality. The punishment of a non-Muslim homosexual is 
harsher if the homosexual's partner is Muslim.
    According to late 2003 estimates by a prominent local physician, 
there are approximately 25,000 to 30,000 HIV positive citizens; a 2001 
estimate suggested an adult prevalence rate of less than 0.1 percent. 
There is a free anonymous testing clinic in Tehran. The Government 
supported the creation of an HIV awareness film to show in schools and 
has not interfered with private HIV-related NGOs. Nevertheless, persons 
infected with HIV were discriminated against in schools and workplaces.
Section 6. Worker Rights
    a. The Right of Association.--The Labor Code provides workers the 
right to establish unions; however, the Government did not allow 
independent unions to exist. A national organization known as the 
Workers' House 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 Workers' House coordinated activities 
with Islamic labor councils, which were made up of representatives of 
the workers and a 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.
    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.

    b. The Right to Organize and Bargain Collectively.--Workers did not 
have the right to organize independently and negotiate collective 
bargaining agreements. The International Confederation of Free Trade 
Unions (ICFTU) noted that the Labor Code was amended in 2003 to permit 
workers to form and join ``trade unions'' without prior permission if 
registration regulations are observed. The Ministry of Labor must 
register the organization within 30 days.
    In January 2003, the Supreme Council of Labour, composed of 
representatives of Islamic labor councils, employers, and the 
government, exempted workshops of 10 employees or less from labor 
legislation. According to the ICFTU, this decision affected over 
400,000 workshops of the total of 450,000 in the country.
    The law prohibits public sector strikes, and the Government did not 
tolerate any strike deemed to be at odds with its economic and labor 
policies; however, strikes occurred. There are no mechanisms to protect 
workers rights in the public sector, such as mediation or arbitration. 
In addition to strikes, there were also work stoppages and protests by 
oil, textile, electrical manufacturing, and metal workers, as well as 
protests by the unemployed. There were strikes, such as that by copper 
factory workers (see Section 1.a.), and other labor stoppages in 
protest of issues such as nonpayment of salaries.
    In December, textile workers in the city of Sanandaj struck to seek 
the re-hiring of laid off workers, a healthier work environment, 
cancellation of the practice of hiring temporary workers, and revising 
the regulations concerning factories' discipline committees.
    In May, the ICFTU reportedly placed a formal complaint with the 
U.N. International Labor Office regarding the arrest of 40 workers 
during a Labor Day march in Saqez (see Section 2.b.).
    In May 2003, textile workers in Behshar staged a hunger strike to 
protest nonpayment of overdue wages. Teachers staged demonstrations and 
sit-ins in several cities during the year for improved working 
conditions and wage benefits.
    It is not known whether labor legislation and practice in the 
export processing zones (EPZs) differ from the law and practice in the 
rest of the country. According to the ICFTU, labor legislation did not 
apply in the EPZs.

    c. Prohibition of Forced or Compulsory 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. The law prohibits forced and bonded labor by 
children; however, this was not enforced adequately, and such labor by 
children was a serious problem (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits forced and bonded labor by children; however, there 
appears to be a serious problem with child labor (see Section 5). The 
Labor Law prohibits employment of minors less than 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. The law prohibits the employment of women and minors 
in hard labor or night work. Information regarding the extent to which 
these regulations were enforced was not available.

    e. Acceptable Conditions of Work.--The Labor Code empowers the 
Supreme Labor Council to establish annual minimum wage levels for each 
industrial sector and region; 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. However, under poor 
economic conditions, many middle-class citizens must work at two or 
three jobs to support their families.
    The Labor Code establishes a maximum 6-day, 48-hour workweek, with 
a 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. Labor organizations outside the country 
have alleged that hazardous work environments were 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.

                               __________

                                  IRAQ

    Coalition-led forces overthrew the Ba'athist regime of Saddam 
Hussein in April 2003.\1\ As recognized in U.N. Security Council 
Resolutions (UNSCR) 1483, 1511, and 1546, an Interim Administration--
the Coalition Provisional Authority (CPA)--administered the country 
until an internationally recognized, representative government was 
established. The Iraqi Governing Council (IGC), recognized by UNSCR 
1500 as the principal body of the Iraqi interim administration during 
the period of the CPA, adopted the Law for the Administration of the 
State of Iraq for the Transitional Period--the Transitional 
Administrative Law (TAL)--on March 8, and the new Iraqi Interim 
Government (IIG), consistent with UNSCR 1546, assumed full governmental 
authority on June 28. The TAL set forth a transitional period, to end 
upon the formation of an elected government pursuant to a permanent 
constitution. On August 15-18, the National Conference convened and 
elected a 100-member Interim National Council. Elections for the 
Transitional National Assembly, the country's legislative authority and 
the first step in the formation of the Iraqi Transitional Government, 
were scheduled to take place on January 30, 2005.
---------------------------------------------------------------------------
    \1\ The 2004 report covers the human rights record of the Interim 
Government from June 28 to December 31, 2004.
---------------------------------------------------------------------------
    The TAL established a republican, federal, democratic, and 
pluralistic system with powers shared among the federal and regional 
governments, including 18 governorates, as well as municipalities and 
local administrations. The Kurdistan Regional Government was recognized 
in the TAL as the official government of those territories that were 
administered by the Kurdish Regional Government on March 19, 2003 in 
the governorates of Dohuk, Arbil, Sulaimaniya, Kirkuk, Diyala, and 
Ninewah. Islam is the official religion of the State and, according to 
the TAL, is to be considered a source of legislation. The TAL also 
mandates the separation and independence of the legislative, executive, 
and judicial branches of the Government. Some aspects of the judicial 
system were dysfunctional and, at times, subject to external influence.
    Domestic security responsibilities are shared within the IIG 
between the Ministry of Interior (MOI) and the Ministry of Defense. As 
set forth in the TAL, certain elements of the Iraqi Armed Forces are 
under the operational control of the Multi National Coalition Force 
(MNF-I) operating in the country under unified command pursuant to 
UNSCR 1546, and some also have domestic security responsibilities. MOI 
forces also partner with MNF-I to ensure a coordinated approach to 
security within the country. The MOI's responsibilities extend only to 
internal security. The MOI commands a number of uniformed forces, 
including the Iraqi Police Service, the Department of Border 
Enforcement, and the Bureau of Dignitary Protection, as well as the MOI 
Intelligence Service. Among its other responsibilities, the MOI also 
regulates private domestic and foreign security companies. While 
civilian authorities generally maintained effective control of security 
forces under their authority, there were instances in which security 
force elements acted without government authority. There were reports 
that members of the MOI's security forces committed numerous, serious 
human rights abuses.
    The country has an estimated population of 25 million, although no 
reliable census has been undertaken for several years. The former 
regime owned all major industries and controlled most of the highly 
centralized economy. The economy is likely to remain heavily dependent 
on revenues from oil exports and international assistance for the 
foreseeable future. Reforms under the CPA introduced many market 
concepts; however, state-owned enterprises still played a significant 
role in the economy. The Iran-Iraq and Gulf wars, combined with gross 
mismanagement and corruption, damaged the economy, and the country was 
subject to U.N. sanctions from its 1990 invasion of Kuwait until the 
suspension of sanctions following the fall of the Ba'ath regime. 
Serious security problems significantly slowed reconstruction 
activities. During the year, official estimates of unemployment ranged 
between 20 and 30 percent. Government officials estimated that the rate 
of underemployment was roughly equivalent to joblessness. Anecdotal 
reports suggested that approximately half the working-age population 
was unemployed.
    The Interim Government, reversing a long legacy of serious human 
rights abuses under the previous regime, generally respected human 
rights, but serious problems remained. During the period of the report, 
the Government's human rights performance was handicapped by a serious 
insurgency in which a terrorist campaign of violence impacted every 
aspect of life with executions, kidnappings, torture, and intimidation 
waged against civilians, the Government and Coalition Forces. Although 
this insurgency may have had popular support in some areas, its core 
was former regime elements, foreign and domestic terrorists, and 
organized criminal gangs. On November 7, Prime Minister Iyad Allawi 
declared a 60-day state of emergency limited to Ramadi and Fallujah, in 
accordance with the July 6 IIG ``Order of Safeguarding National 
Security.'' The state of emergency provides broad powers to impose 
curfews, close off entire towns and cities, take command of 
intelligence and security forces, and restrict assembly and movement. 
It remained in effect at year's end.
    With the ongoing insurgency limiting access to information, a 
number of instances in the Report have been difficult to verify. 
However, there were reports of arbitrary deprivation of life, torture, 
impunity, poor prison conditions--particularly in pretrial detention 
facilities--and arbitrary arrest and detention. There remained 
unresolved problems relating to the large number of Internally 
Displaced Persons (IDPs). Corruption at all levels of the Government 
remained a problem. Some aspects of the judicial system were 
dysfunctional, and there were reports that the judiciary was subject to 
external influence. The exercise of labor rights remained limited, 
largely due to violence, unemployment, and maladapted organizational 
structures and laws; however, with international assistance, some 
progress was underway at year's end.
    Civic life and the social fabric remained under intense strain from 
the insurgency, as well as from a continuing shortage of basic services 
and staples. Despite this pressure, the IIG in 6 months set and kept to 
a legal and electoral course based on respect for political rights. 
This included most importantly the right of citizens to change 
peacefully their government through nationwide, free, and fair 
elections. The development of a Human Rights Ministry, the ongoing 
empowerment of women, and the explosive growth of nongovernmental 
organizations (NGOs) and civic associations reflected a governmental 
commitment to human rights. The Government's success in building an 
accommodating structure for the exercise of civil liberties, although 
burdened by the heritage of dictatorship and disregard for law, was 
shown clearly in the citizens' embrace of freedoms of speech and press, 
peaceful assembly, and association and religion. While major problems 
still remained, they were of a far different magnitude and nature than 
previously.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--With the ongoing 
insurgency, there was a climate of extreme violence in which persons 
were killed for political and other reasons. There were occasional 
reports of killings particularly at the local level by the Government 
or its agents, which may have been politically motivated. In early 
December, Basrah police reported that officers in the Internal Affairs 
Unit were involved in the killings of 10 members of the Ba'ath Party. 
Basrah police also reported that the same Internal Affairs Unit 
officers were involved in the killings of a mother and daughter accused 
of engaging in prostitution. The Basrah Chief of Intelligence was 
removed from his position as a result of the accusations; however, he 
retained command of the Internal Affairs Unit. An MOI investigation 
into the Basrah allegations was ongoing at year's end. Other instances 
reflected arbitrary actions by government agents. For example, on 
October 16, Baghdad police arrested, interrogated, and killed 12 
kidnappers of 3 police officers.
    Insurgents killed thousands of citizens (see Section 1.g.). In a 
terrorist campaign of violence and intimidation, they targeted, 
kidnapped and killed foreigners, government officials and workers, 
security forces, members of the armed forces, and civilians suspected 
of collaborating with the Coalition.
    Insurgent and terrorist groups also claimed responsibility for the 
bombings of churches, government facilities, public gathering spots, 
and businesses. These actions resulted in a massive loss of life and 
grave injuries. There were no indications of government involvement in 
these acts.
    Until its fall in 2003, the former regime was responsible for the 
disappearance, murder, and torture of persons suspected of or related 
to persons suspected of oppositionist politics, economic crimes, 
military desertion, and a variety of other activities. The discovery of 
mass graves (considered to be unmarked sites containing at least six 
bodies) provided evidence of the vast dimension of these practices. 
Immediately following the fall of the regime and throughout the 
remainder of 2003, mass graves were reported from sources throughout 
the country. During this reporting period, 189 mass graves were 
confirmed, and investigators continued to review evidence on additional 
mass graves.
    Grid coordinates were obtained on at least 10 mass graves in Al 
Hatra in Ninewah Province. On September 1, authorities began to dig a 
site near Al-Hatra. Two gravesites were excavated; one site contained 
the remains of women and children and the other contained remains of 
men. Approximately 275 bodies--thought to be Kurds who were killed by 
the former regime--were found in each site.
    Sites were discovered in all regions and contained remains of 
members of every major religious and ethnic group in the country, as 
well as of foreign citizens. Graves contained forensic evidence of 
atrocities, including signs of torture, decapitated or mutilated 
corpses, or evidence that some victims were shot in the head at close 
range.
    During the year, the Ministry of Human Rights strengthened efforts 
to help relatives learn the fate of their family members under the 
regime, including those found in mass graves, and created its national 
bureau of missing persons, the National Center for Missing and 
Disappeared Persons.

    b. Disappearance.--There were no reports of politically motivated 
disappearances associated with the Government.
    Due to the ongoing insurgency and the opportunities for common 
crime, as well as politically motivated kidnapping (see Section 1.g.), 
kidnapping and disappearances remained an ongoing problem. Many 
hundreds, if not thousands, of individuals disappeared without a trace. 
The widespread and ongoing nature of these disappearances precluded the 
availability of reliable statistics.
    There were many reports of disappearances dating from the former 
regime of a large number of citizens. In 2003, human rights 
organizations widely believed that the former regime had executed as 
many as 300,000 civilians and probably more. Several of these 
organizations held the view that as many as 1.3 million persons were 
missing from the country as a result of wars, executions, and 
defection.
    To date, the authorities, assisted by various Coalition officials, 
have identified through DNA analysis the remains of 322 missing 
Kuwaitis whose corpses were found in mass graves.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The TAL expressly prohibits torture in all its forms under 
all circumstances, well as cruel, inhuman, or degrading treatment.
    According to Human Rights Watch (HRW), during this reporting 
period, torture and ill treatment of detainees by police was 
commonplace. In interviews with 90 prisoners conducted from August to 
October, 72 claimed that they had been tortured or mistreated. The 
reported abuses included some instances of beatings with cables and 
hosepipes, electric shocks to their earlobes and genitals, food and 
water deprivation, and overcrowding in standing room only cells.
    Additionally, HRW reported that specialized agencies, including the 
Major Crimes Unit, Criminal Intelligence, Internal Affairs and possibly 
the Intelligence Service, were responsible for pretrial irregularities, 
such as arrest without warrant, lengthy periods of detention before 
referral to an investigative judge, and the denial of contact with 
family and legal counsel. Although detainees were primarily criminal 
suspects, they also included others, such as members of the Mahdi 
Militia and juveniles, who sometimes were caught in arrest sweeps.
    There were instances of illegal treatment of detainees. For 
example, on November 1, Baghdad police arrested two Coalition Force 
citizen interpreters on charges involving the illegal use of small 
arms. After their arrest, police bound the detainees' arms behind them, 
pulling them upward with a rope and cutting off their circulation. This 
treatment was followed by beatings over a 48-hour period with a steel 
cable, in an effort to make the detainees confess. Both interpreters 
required medical treatment after their release to Coalition Forces. No 
further information on the incident was available at year's end. In 
another case, the Commission on Public Integrity (CPI) gathered enough 
evidence to prosecute police officers in Baghdad who were 
systematically raping and torturing female detainees. Two of the 
officers received prison sentences; four others were demoted and 
reassigned.
    There were also allegations that local police sometimes used 
excessive force against both citizens and foreigners. On November 28, a 
foreign national reported that police beat him at a police station in 
Kufa. According to the victim, he witnessed police beating detainees at 
a police station while he was filing a claim on another matter. When he 
questioned the treatment of the detainees, he was beaten and detained 
for 4 hours.
    A number of complaints about Iraqi National Guard (ING) abuses 
surfaced during the year. For example, in November, the ING raided a 
house in southern Baghdad and arrested four alleged insurgents. The 
family was evicted and the ING burnt the house. In another incident, a 
doctor at the al-Kindi hospital in Baghdad said that the ING had tried 
to force him to treat one of their colleagues before other more serious 
cases. When he refused, they beat him. There also were many reported 
instances of ING looting and burning houses in Fallujah in November.
    According to an ING official, disciplinary procedures were in place 
to deal with the mistreatment of citizens and a number of members of 
the ING were fired during the year for violations.
    There were numerous reports and direct evidence that insurgents 
employed multiple forms of torture and inhumane treatment against their 
victims (see Section 1.g.).
    Although there was significant improvement in Iraqi Corrections 
Service (ICS) prison conditions following the fall of the former 
regime, in many instances the facilities did not meet international 
penal standards. According to the Government, it generally permitted 
visits by independent human rights observers. In August, the 
International Committee of the Red Cross (ICRC) visited ICS facilities. 
The Ministry of Human Rights established a permanent office at the Abu 
Ghraib prison. HRW visited some ICS facilities.
    After the fall of the former regime, prison functions were 
consolidated into the Ministry of Justice, and the ICS was transferred 
from the Ministry of Labor and Social Affairs to the Ministry of 
Justice. According to the Government, ICS confined civilians under the 
rule of law, and a valid confinement order from a judge was required. 
Confinement was not connected with military intelligence operations nor 
was there any contact with military confinement functions.
    Allegations of inmate abuse by ICS Officers continued, although 
fewer than in the previous year. The ICS Internal Affairs Division 
claimed it conducted investigations of all detected or reported cases 
and that appropriate corrective action was taken if an allegation was 
verified. Although fewer than 10 cases were investigated between July 
and December, an individual with access to human rights complaints 
alleged that hundreds of cases were pending accusing ICS officers of 
abuse and torture of detainees and prisoners, including women. No 
further information was available at year's end.
    At year's end, ICS was investigating eight cases in which inmates 
alleged police predetention abuse and torture.
    Overcrowding was a problem. Inmate disturbances and riots reduced 
available prison beds by approximately one-third, and pretrial 
detention facilities were often overcrowded. The insurrections in Sadr 
City and later in Najaf created additional overcrowding in detention 
facilities.
    ICS operated 17 facilities, totaling 8,500 beds. Renovation and 
construction on an additional 6 facilities, totaling 6,000 beds, was 
underway at year's end. No inmates died during the period under review 
due to poor conditions of confinement or lack of medical care, although 
the quality of care was low.
    ICS operated both pretrial detention facilities and post-trial 
prisons across the country. The law provides that police, may detain 
prisoners for 24 hours during which time a magistrate must review the 
case. If the magistrate orders continued confinement, the prisoner is 
transported to an ICS detention facility to await trial.
    The law provides that women and juveniles be held separately from 
men; according to HRW interviews, juveniles were confined with adults 
in some cases.
    All of the ICS personnel were required to undergo training. An 8-
week course including instruction in basic human rights, rights of 
women and children, trafficking in persons, prohibition against 
torture, international corrections standards, integrity issues, 
professional ethics, and code of conduct was mandatory for the 4,000 
ICS correctional officers.

    d. Arbitrary Arrest or Detention.--Under the 1971 Code of Criminal 
Procedure, as amended by the CPA, an individual suspected of a crime 
may be arrested only on a judicial warrant, except when the police 
observe a crime taking place or have reasonable grounds to suspect such 
acts. The law provides that, in any case, detainees must see an 
investigating judge within 24 hours.
    Detainees were generally retained in custody pending the outcome of 
a criminal investigation. Individuals were generally arrested openly 
and warrants were issued only with sufficient evidence, although, there 
were numerous reports of arbitrary arrest and detention
    There were no publicized cases of criminal proceedings brought 
against members of the security forces in connection with alleged 
violations of these rights, nor were there publicly known measures 
adopted to prevent recurrence.
    Due to the insurgency, high-crime rates, and limited police 
training, innocent persons were sometimes arrested and detained 
erroneously.
    The MOI's responsibilities extended only to internal security. MOI 
commands a number of uniformed forces, including the Iraqi Police 
Service (IPS) and Department of Border Enforcement. The MOI also has 
criminal and domestic intelligence capabilities and regulates all 
domestic and foreign private security companies operating in the 
country. The MOI also has authority over the Civil Defense Directorate, 
the firefighters and emergency response organization, and the 
Facilities Protection Service shielding strategic infrastructure, 
government buildings, and cultural and educational assets.
    In the aftermath of the fall of the former regime, a police 
presence temporarily vanished, except in the Kurdish North. Police 
equipment was stolen. After April 2003, a large recruitment and 
training program was established, including hiring former police 
officers.
    During the year, various specialized units were created, including 
an Emergency Response Unit (with capabilities similar to a SWAT team) 
and Public Order Battalions that perform riot control functions, as 
well as specialized counterinsurgency units.
    More than any other group, the police have been a target of 
terrorist attacks. Over 1,500 IPS personnel have been killed between 
April 2003 and year's end. Additionally, pervasive lawlessness has led 
to an increase in violent and organized crime, particularly related to 
kidnappings (see Section 1.g.).
    Detainees generally were informed of the charges against them, 
although sometimes with delay.
    There was a widespread perception that police made false arrests to 
extort money. Some police officers did not present defendants to 
magistrates and held them in detention cells until their families paid 
bribes for their release. In the Central Criminal Court in Baghdad, the 
time between arrest and arraignment was often in excess of 30 days, 
despite the 24-hour requirement.
    There were organized police abuses. For example, on September 4, 
approximately 150 police, none of whom had uniforms or badges, 
surrounded the Iraqi Institute of Peace (IIP), which is associated with 
the International Center for Reconciliation of the Coventry Cathedral, 
in response to an alert that a prominent former regime figure might be 
inside the Cathedral. Four individuals identified themselves as MOI 
officials, but did not show badges. Armed men, some with heavy weapons, 
broke down the doors and ransacked the IIP building, stealing phones 
and money. The incident ended with no serious injuries but without 
judicial follow-up.
    On August 16, a ministry, reportedly wishing to occupy the real 
property used by a political party, caused party members to be arrested 
and detained for almost 60 days without charges. During their 
detention, a habeas corpus writ from the Chief Investigative Judge of 
the Central Criminal Court was ignored. The minister involved also 
refused to appear before the judge to explain his ministry's actions. 
The political party members were eventually released; however, the 
property involved remained under the control of the ministry at year's 
end.
    Reportedly, coerced confessions and interrogation continued to be 
the favored method of investigation by police. According to one 
government official, hundreds of cases were pending at year's end 
alleging torture. There have been several arrests, and both criminal 
and administrative punishments were handed out to police in cases where 
allegations of torture were substantiated.
    Additionally, corruption continued to be a problem with the police. 
The CPI was investigating cases of police abuse involving unlawful 
arrests, beatings, and the theft of valuables from the homes of persons 
who were detained; however, the police often continued to use the 
methods employed by the previous regime. In addition to the CPI, 
several other mechanisms were put into place to address this problem, 
including an internal affairs capability, mentoring, and training 
programs that focus on accountability.
    Efforts to increase the capacity and effectiveness of the police 
were ongoing; however, there was little indication that the IIG took 
sufficient steps to address this problem adequately or to reinforce 
publicly the message that there will be no climate of impunity.
    Because of arbitrary arrest and detention practices, some prisoners 
were held in incommunicado detention.
    Pursuant to the Code of Criminal Procedure, the judge who issues an 
arrest warrant sets the bond conditions. If no conditions of release 
are specified, the accused is detained. The most common bond condition 
is that an accused is released into the custody of a responsible 
individual (such as family member or tribal leader), who will vouch 
that the individual will appear at a future court hearing.
    Judges are authorized to appoint counsel for those who cannot pay, 
and did so, according to observers of proceedings in the Central 
Criminal Court in Baghdad. Attorneys were provided with private 
accommodations during official visits to their clients.
    Lengthy pretrial detention continued to be a significant problem 
due to backlogs in the judiciary and slow processing of criminal 
investigations. Approximately 3,000 inmates were in pretrial detention, 
and 1,000 were held post-trial.
    In August, the IIG issued a national amnesty for insurgents who had 
not committed any major crime, including murder, rape, robbery, or 
abduction. Local amnesties continued to be offered in the context of 
specific local security arrangements.

    e. Denial of Fair Public Trial.--The TAL provides for an 
independent judiciary; however, there has not been sufficient 
experience to determine in practice its independence. Senior levels of 
the Government expressed commitment to this provision.
    According to the TAL, all persons are equal before the courts and 
no individual may be deprived of life or liberty except in accordance 
with legal procedures. No one may be unlawfully arrested or detained, 
and no one may be detained by reason of political or religious beliefs.
    The TAL provides for the right to a fair trial and the judiciary 
generally sought to enforce this right. The accused is innocent until 
proven guilty pursuant to the law, and has the right to engage 
independent and competent counsel, remain silent in response to 
questions, and to summon and examine witnesses or ask that a judge do 
so.
    The criminal justice system is based on the French or civil system. 
It was modified under the Ottoman Turks and greatly influenced by 
Egypt. The system is inquisitorial; cases are controlled and 
investigated by the judiciary. Judges, not lawyers, direct the progress 
of a case. After the fall of the former regime, parallel court systems 
were abolished and all criminal and civil judicial functions were 
consolidated into the Ministry of Justice-controlled courts. 
Thereafter, the Ministry underwent numerous changes, banning judges and 
administrators linked to the former regime's judicial practices in an 
effort to strengthen the rule of law. The laws continued to be reviewed 
to ensure that they meet international human rights standards. Tribal 
leaders routinely applied Shari'a law in settling disputes.
    The courts are geographically organized into 17 appellate 
districts. There are two types of criminal courts--misdemeanor and 
felony. Cases are presented to the court in the district where the 
crime took place. Under the law, a criminal defendant must be presented 
to an investigative judge within 24 hours of arrest. The investigative 
judge controls the investigation and recommends charges if sufficient 
evidence has been discovered. A trial and sentencing is generally a 
very short process. Witnesses who are not present have their statements 
read into the record.
    There is no jury in the criminal justice system. A three-judge 
panel decides if a defendant is guilty. Defendants who are found guilty 
are sentenced immediately after the verdict. Prosecutors and defense 
counsel are permitted to question witnesses during the proceeding. In 
practice, they often asked few, if any, questions due to the 
questioning that has already occurred by the investigative or trial 
judges. The prosecutors and defense counsel routinely gave initial and 
final statements to the court. Cases can be appealed to the appellate 
court and then to the Court of Cassation.
    The Council of Judges (COJ) is responsible for all matters relating 
to the courts. The chief appellate judge of each district, along with 
several judges from the Court of Cassation, comprises the COJ. The COJ 
is responsible for the administration of the judiciary, and the Chief 
Judge manages the day-to-day administrative responsibilities of the 
COJ, specifically, court facilities, staff, and security. In the event 
of misconduct involving judges, the COJ convenes a disciplinary hearing 
to determine the merits of the allegations. During this reporting 
period, the COJ convened a disciplinary hearing concerning the 
allegation that a Baghdad judge dismissed criminal cases due to 
external influence. Pending resolution of this allegation, the judge 
was removed from office and an investigation was ongoing at year's end. 
The COJ was very powerful and there were allegations that the Executive 
Branch influenced the COJ.
    The law provides for civilian judges to be designated to sit as a 
separate military court for members of the military. Although 20 judges 
were so designated, no military trials occurred during this reporting 
period.
    Corruption remained a problem in the criminal justice system. In 
the fall, the MOI referred allegations of misconduct involving a judge 
to the COJ. The allegations concerned professional misconduct, 
including bribery. At year's end, this case was still pending (see 
Section 3).
    In 2003, the IGC created the Iraqi Special Tribunal (IST) to try 
persons accused of committing certain specified crimes during the time 
period from July 17, 1968 through May 1, 2003. The IST's jurisdiction 
includes war crimes, genocide, crimes against humanity, and specified 
offenses under the country's law. The IST will try those accused of 
these crimes. Investigative hearings were ongoing at year's end against 
multiple defendants, however, indictments had not been issued, and 
trials had not begun.
    The Iraq Property Claims Commission (IPCC) was established on 
January 14 as an independent governmental commission designed to 
resolve claims for real property that was confiscated or otherwise 
taken for less than fair value between July 17, 1968, and April 9, 
2003. This included land and buildings (not personal property) seized 
because the policies of the former regime did not include land reform 
or lawfully applied eminent domain. The statute establishing the IPCC 
was amended in June to extend the time limits for the filing of claims 
until June 30, 2005, thus allowing claims from ``Arabization Arabs'' 
and Kurdish peoples whose property was forcibly taken between March 18, 
2003, and June 30, 2005 (see Section 2.d.).
    The IPCC comprised approximately 700 employees in offices located 
in all 18 governorates. Regional commissions consider claims on the 
basis of the documentation made available either by the claimant or 
through the relevant government offices.
    The IPCC accepted over 37,000 claims during this reporting period 
more than 600 cases had been adjudicated and over 150 appeals filed as 
of year's end.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The TAL prohibits such actions, and the Government 
generally respected these prohibitions in practice, although in some 
instances, the security forces reportedly did not. The law provides for 
the right to privacy, and police, investigators, or other governmental 
authorities may not violate the sanctity of private residences without 
a search warrant issued in accordance with the applicable law unless 
reasonable suspicion exists that criminal activity is in progress or, 
which rarely occurs, when such an action is deemed critical to national 
security. Generally, police complied with legal warrant requirements; 
however, there were reports that these rights were sometimes not 
respected.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--During the period of the report, 
insurgents and foreign terrorists continued their attacks. The core of 
the insurgency, although it may have had some popular support in some 
areas fueled by fears deriving from political grievances and ethnic and 
religious tensions, was composed of former regime elements, foreign and 
domestic terrorists, and organized criminal gangs. Their actions 
resulted in killings, kidnappings, violence, torture, and a campaign of 
intimidation. On November 7, Prime Minister Allawi declared a 60-day 
state of emergency limited to Ramadi and Fallujah. The state of 
emergency provided broad powers to impose curfews, close off entire 
towns and cities, take command of intelligence and security forces, and 
restrict assembly and movement. It remained in effect at year's end.
    The insurgents targeted anyone whose death or disappearance would 
profit their cause and, particularly, anyone suspected of being 
connected to Coalition Forces.
    Bombings, executions, killings of government officials, 
kidnappings, shootings, and intimidation were a daily occurrence 
throughout all regions and sectors of society. An illustrative list of 
these attacks, even a highly selective one, scarcely could reflect the 
broad dimension of the violence.
    On September 30, an Islamist website, linked to the Unification and 
Jihad Group, posted a message claiming responsibility for three suicide 
attacks, one of which resulted in the deaths of dozens of civilians--
most of them children--attending the opening of a sewage plant in 
Baghdad. On October 25, ING recruits, returning home on a bus after 
completing their training at the Kirkush military camp northeast of 
Baghdad, were killed. Abu Musab al-Zarqawi claimed responsibility for 
the killings. Thirty-seven bodies were found on the ground with their 
hands behind their backs, killed execution-style. Another 12 bodies 
were found in a burned bus. On November 1, unknown assailants gunned 
down Hatem Kamel Abdul Fatah, the deputy governor of Baghdad, as he was 
driving to work. The following day, a car bomb exploded near the 
Ministry of Education, killing at least six persons and wounding eight 
others. On November 20, women's rights activist Dr. Amal Ma'amalchi and 
four of her colleagues were shot and killed in their vehicle on their 
way to work at the Ministry of Municipalities and Public Works. On 
December 19, violence in 2 Shi'a holy cities killed at least 60 and 
wounded more than 120. A suicide bomber set off a blast at Karbala's 
main bus station, which was followed by a car bomb during a funeral 
procession in Najaf an hour later.
    According to the Ministry of Human Rights, at least 80 professors 
and 50 physicians were assassinated during the year. Reporters Without 
Borders noted that 31 journalists and media assistants were killed 
during the year (see Section 2.a.). Universities also suffered from a 
wave of kidnappings. Researchers, professors, administrators, and 
students were all victims, including some who disappeared without a 
trace. Since the beginning of the insurgency, more than 150 foreigners 
have been kidnapped, and many were killed. In addition to the more 
publicized cases, ordinary civilians were also wounded and killed.
    Terrorists systematically damaged and destroyed the 
infrastructure--oil, electricity, and transportation lines--reducing 
the movement and availability of key services and goods to the 
population. They attacked a Baghdad hospital on November 8, killing 7 
and wounding 30.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The TAL protects the freedoms of 
speech and the press, and the Government generally respected these 
rights in practice. There are transparent licensing procedures for 
broadcast media, and the written press does not require a license to 
operate.
    There were over 130 daily and weekly publications, and private 
local television stations broadcast in Arabic, Kurdish, and Syriac. The 
media represented a very wide range of viewpoints from across the 
political spectrum. Foreign journalists generally operated without 
legal or bureaucratic hindrance. However, on August 7, the IIG banned 
the Qatar-based Al-Jazeera news channel from working in the country for 
30 days. Prime Minister Allawi, citing an Iraqi Communication and Media 
Commission report as a basis for the ban, accused the station of 
inciting violence and hatred. Nonetheless, during this unenforced 
suspension, ministers and the Vice President appeared, on the station, 
which continued to function in the country by using free-lance 
journalists. They also bought reports and footage from other satellite 
networks. The IIG extended the temporary suspension indefinitely on 
September 7.
    According to Reporters Without Borders, 31 journalists and media 
assistants were killed during the year as a result of the ongoing 
insurgency. The Al-Arabiya television network reported on November 1 
that five of its citizen employees had been killed after a car bomb 
exploded near its offices.
    Canadian, French, British, American, and Iraqi journalists were 
kidnapped and released during the period of the report. The Islamic 
Army in Iraq and Muqtada al-Sadr's group were among the identified 
kidnappers.
    On August 15, police ordered all unembedded journalists to leave 
the city of Najaf, where Coalition and Iraqi forces had been fighting 
supporters of Muqtada al-Sadr. The police cited concerns about the 
journalists' safety for the order, but many journalists ignored it. 
Police rounded up 60 foreign and Arab journalists at gunpoint on August 
25 and brought them to police headquarters, where they were later 
released.
    Foreign news broadcasts, including Al-Jazeera, were not jammed. 
There were no restrictions on content or access to books, periodicals, 
mass media of any sort, satellite dishes, computers, modems, faxes, and 
Internet services. The authorities formally respected academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The TAL provides 
for freedom of assembly and association, and the Government generally 
respected these rights in practice.
    Many demonstrations, which often proved to be a cover for insurgent 
violence, took place countrywide. According to the Government, the MOI 
did not break up any peaceful violations, except when a curfew was 
violated.

    c. Freedom of Religion.--The TAL provides for freedom of thought, 
conscience, and religious belief and practice. The Government generally 
respected these rights in practice; however, there was substantial 
politically and religiously driven violence between Sunni and Shi'a 
(see Section 1.g.) and against Christians. Despite cases of religious 
intolerance and terrorism against citizens of different faiths and 
their places of worship, there were clerics and other religious leaders 
who called for tolerance. On November 18, the IIG issued a statement 
condemning violence against religious groups and calling for unity 
among Christians and Muslims.
    An estimated 97 percent of the population is Muslim, predominantly 
Shi'a (60-65 percent) with a substantial Sunni minority (32-37 
percent). The remaining approximately 3 percent consist of Christians--
Chaldeans (Roman Catholic), Assyrians (Church of the East), Syriac 
(Eastern Orthodox), Armenian Orthodox, several denominations of 
Protestant Christians--Yazidis, and a small number of Sabean Mandaeans 
and Jews.
    Sunni-Shi'a violence was widespread and often fueled by foreign 
extremists. On December 4, a suicide bomber blew himself up near a 
Shi'a mosque located in the Sunni Muslim district of Al-Adhamiya in 
Baghdad, killing 16 people and wounding over a dozen others. Zarqawi's 
organization, Group of Jihad in the Country of Two Rivers, claimed 
responsibility for the bombing.
    On November 23, masked gunmen assassinated a Sunni cleric north of 
Baghdad. Sheikh Ghalib Ali al-Zuhairi was a member of the Association 
of Muslim Scholars, an influential Sunni clerics group. He was shot 
while leaving a mosque in the town of Muqdadiyah and died in the local 
hospital.
    There were numerous incidents of violence against the Christian 
community this year, ranging from individual killings to intimidation 
and assaults on women for not wearing a headscarf (hijab). Most of 
these incidences of violence were related to religion.
    At the university in Mosul, Christian women boycotted classes 
during Ramadan in response to Islamist pressure for all women to cover 
their hair. The number of Christians leaving the country rose, after 
bombings of 14 churches in Baghdad and Mosul and the Chaldean Bishop's 
Palace in Mosul from August through December. The bombings left 43 dead 
and 340 injured, as well as damaging the churches. In the immediate 
aftermath of the August bombings, Grand Ayatollah Sistani condemned the 
attacks and reaffirmed the rights of Iraqi Christians. Christian 
leaders blamed foreign terrorists, including al-Qa'ida, for the 
attacks.
    The Government's Christian Endowment Office reported that there 
were between 750,000 and 1 million Christians in the country, mostly in 
the North and Baghdad; there were 1.4 million in 1987. The majority of 
the country's Christians were Chaldeans. Christian religious leaders 
estimated that approximately 700,000 Christian citizens lived abroad.
    According to the Christian Endowment Office, more than 30,000 
Christian families fled the country during the year. Many remained in 
Jordan or Syria, hoping to return when the security situation improved. 
In November, a leaflet circulated to churches and some individual 
Christians in Baghdad ordered Christians to leave the country or 
convert to Islam
    After the promulgation of the TAL in February, the former Governing 
Council addressed the question of whether Jewish expatriates would be 
allowed to vote in the 2005 elections. It announced that they would be 
treated like any other expatriate group. The Government also denied 
unfounded rumors (sometimes spread in flyers distributed by 
antigovernment extremist groups) that Jewish expatriates were buying up 
real estate in an attempt to reassert their influence in the country.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The TAL provides for these rights, and 
the Government generally respected them in practice.
    On November 7, the Government announced a 60-day state of emergency 
starting November 8 in conjunction with the onset of major military 
operations in Fallujah.
    The state of emergency, which applied to Ramadi and Fallujah, was 
based on the National Security Order adopted by the IIG on July 7 but 
not immediately implemented. It could be invoked anywhere in the 
country if citizens' lives were threatened by a persistent campaign of 
violence aimed at hindering the political process. Its duration cannot 
be more than 60 days, but it is renewable every 30 days if the threat 
continues.
    Under the law and subject to judicial review, the prime minister 
has the power to restrict freedom of movement, assembly (pursuant to a 
court order), and use of weapons. Suspects can be detained and 
searched, and their homes and work places searched, but they must 
appear before a judge within 24 hours of arrest. He can impose a 
curfew, cordon off and search an area, freeze assets, monitor and seize 
communications, and take necessary security and military measures (in 
Kurdish areas, only in coordination with the Kurdish regional 
government).
    The TAL expressly prohibits forced exile, and there were no known 
government restrictions on emigration, although exit permits were 
required for citizens leaving the country. Despite current legislation 
to the contrary, there were reports that some authorities continued to 
require that women between the ages of 12 and 40 receive approval of 
their husbands, fathers, or brothers before being issued a passport. 
Government officials strongly denied that there was a policy to this 
effect.
    The International Organization for Migration (IOM) estimated that 
there were over 1.4 million IDPs in the country. The former regime was 
responsible for the displacement of more than one million persons. More 
than 225,000 persons, mostly Arabs displaced in Diyala and Salah El Din 
governorates, were estimated to have been displaced after April 2003. 
In November, the ongoing military conflict related to the insurgency 
resulted in the displacement of approximately 200,000 persons from 
Fallujah (see Section 4).
    During the Saddam era, the vast majority of IDPs were non-Arabs 
(Kurds, Chaldo-Assyrians, and Turkmen). In the 1980s and early 90ss, 
these non-Arabs were forcibly relocated as part of the regime's 
``Arabization'' process to make way for incoming Arab families around 
oil-rich Kirkuk and other northern areas. After the fall of the regime, 
displaced non-Arabs began returning to their former homes. In some 
instances, these returns resulted in displacement of Arabs who had been 
moved there by the regime.
    Many Arabs, who were part of this Arabization process, either fled 
their homes during the war or were forced out or prevented from 
returning by Kurdish civilians and fighters who had returned to 
villages from which they had originally been displaced. Many remained 
in Kirkuk, in extremely poor conditions, to try to resolve their 
property disputes.
    The IPCC accepted more than 37,000 claims property disputes. By 
year's end, some 600 cases had been adjudicated; however, successful 
claimants had not received any financial compensation by year's end 
(see Section 1.e.).
    The Ministry for Displacement and Migration is responsible for all 
issues related to refugees and displaced persons, as well as failed 
asylum seekers and other irregular migrants. Due to poor security 
conditions and inadequate social infrastructure, the Ministry did not 
support the forced return of Iraqi citizens to the country. In addition 
to the poor security situation, there was a housing shortage estimated 
at between 1.4 and 2 million units. There were also inadequate 
education and health care facilities for the current population. The 
Ministry publicly stated its support to the principles of voluntary 
repatriation and underscored the importance of safe and dignified 
returns.
    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, and the Government has not 
established a system for providing protection to refugees. However, the 
Government recognized a refugee population of an estimated 65,000 
persons.
    The Government cooperated with U.N. High Commission for Refugees 
(UNHCR) and other humanitarian organizations in assisting refugees and 
asylum seekers.
    During the year, refugees were targeted for attacks that were 
allegedly carried out by insurgents. On November 21, UNHCR officials 
reported that Syrian refugees in Baghdad were singled out for attack 
and that protection for Palestinian and Syrian refugees had 
deteriorated after the fall of the former regime. The physical safety 
of refugees from various groups (Palestinians, Syrian Ba'athists, and 
Ahwazis) was threatened by groups not affiliated with the Government; 
they were suspected of having received privileged treatment under the 
former regime. Landlords forcibly expelled some Palestinian refugees 
(395 families) who were living in rented apartments. In some instances, 
the expulsions were carried out with the use of firearms. Syrian 
Ba'athists living in Baghdad also received threats, and some were 
forced to relocate. UNHCR noted cases of Palestinian and Syrian 
refugees who had been detained and faced severe treatment in prison.
    UNHCR provided protection and assistance to both Syrian and 
Palestinian refugees through rental subsidies, other forms of material 
assistance, and legal representation.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The TAL provides citizens with the right to change their government 
peacefully through periodic, free, and fair elections based on 
universal suffrage. Elections at the national level were scheduled for 
January 30, 2005, to exercise this right.
    The first step towards realizing the 2005 elections took place from 
August 15 to 18, when the National Conference elected the 100-seat 
Iraqi Interim National Council (IINC). Representative of the country's 
ethnic and national diversity, it was comprised of Arabs, Turkmen, 
Kurds, Assyrians, Chaldeans, and an Armenian, as well as a Mandean, 
Sunni and Shi'a Muslims, and Christians. The TAL provides for the 
election of women and minorities to the Transitional National Assembly, 
with a goal of having no less than one quarter of the representatives 
be women and of having fair representation of all communities. Some 
women's leaders, representing a broad spectrum of political views, 
expressed concern that some women were selected to participate in the 
political process--at both the local and national level--only to meet 
this quota and not necessarily based on their qualifications.
    There were 25 women on the Interim National Council and 6 ministers 
in the Government: The Minister of State for Women's Affairs and the 
Ministers of Labor and Social Affairs, Agriculture, Displacement and 
Migration, Environment, and Public Works.
    On July 9, in the first elections after the fall of the former 
regime, the municipal district of Al Zubair outside Basra city 
peacefully chose members of its municipal council.
    The Independent Electoral Commission of Iraq (IECI) was established 
under CPA Order 92 and had sole responsibility for administering the 
January 2005 Elections. The IECI's mandate as an independent, 
autonomous, and nonpartisan government entity was to promulgate, 
implement, and enforce regulations, rules, and procedures in connection 
with elections during the transitional period.
    During the year, the IECI continued to draft regulations to support 
the conduct of a free, fair, and transparent electoral process.
    As election preparations began, regional IECI staff faced 
intimidation by rejectionists in areas of insurgent activity. IECI 
representatives and food agents delivering voter registration forms in 
Ninewah Province received death threats, many refused to participate in 
election-related activity, and provincial IECI offices were closed. In 
Anbar Province, violence and threats against election workers prevented 
establishment of voter registration centers and distribution of 
registration forms. The provincial IECI office in Diyala moved to a new 
location following threats and violence. Intimidation forced the 
temporary closure of seven registration centers in Baghdad. On December 
19, three IECI workers were shot and killed on Baghdad's Haifa Street.
    Political parties and candidates had the right freely to propose 
themselves or be nominated by other groups. The Government did not 
restrict political opponents nor did it interfere with their right to 
organize, seek votes, or publicize their views.
    Political parties, both secular and nonsecular, that were active 
during the year included the Supreme Council for Islamic Revolution in 
Iraq, D'awa, the Iraqi Islamic Party, the Iraqi National Congress, the 
Iraqi National Accord, the Iraqi Independent Democrats, Patriotic Union 
of Kurdistan (PUK), Kurdistan Democratic Party (KDP), and the Iraqi 
Turkmen Front.
    Large-scale corruption, systemic under the former regime, continued 
in a lesser degree and kind (see Section 1.c.).
    Many high-level government officials, including some heads of 
ministries and regional units, continued to exercise the autocratic 
authority permissible under the Ba'athist regime. Thus, officials at 
MOI made arrests without first obtaining arrest warrants issued by a 
judge (see Section 1.d.). Court orders requesting proof that an arrest 
was lawful were sometimes ignored. Several heads of ministries 
attempted to remove their inspectors general (IG) in violation of the 
law that established those offices and which provided that IG may only 
be removed for specified causes.
    The CPI was formed on January 28 and was dedicated to preventing 
and investigating cases of corruption in all ministries and other units 
of the Government nationwide. CPI is an independent body headed by a 
single Commissioner who reports publicly at least annually on the CPI's 
activities to the country's Chief Executive and Legislature. CPI is 
responsible for investigating allegations of corruption within the 
Government and referring appropriate cases for criminal prosecution, 
promoting standards of transparency and accountability in government 
activities; and conducting community education and outreach programs to 
stimulate public demand for open, honest, and accountable government.
    Among other initiatives, CPI conducted ethics training for selected 
ministry officials designed to instill respect for the rule of law and 
curb abuses of power. CPI also investigated a number of cases involving 
human rights violations. No results were public at year's end.
    The CPA established a system of IGs for the various ministries in 
January. A number of ministers failed to provide sufficient support for 
the program and attempted to remove IGs without justification. 
Consequently, the Prime Minister approved a plan that would transfer 
oversight and financial responsibility for the IG program to CPI on a 
de facto basis.
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 other than security 
constraints, investigating and publishing their findings on human 
rights cases. While NGO advocacy is still in its infancy, government 
officials were generally cooperative and responsive to their views. The 
Ministry of Human Rights met regularly with NGO leaders.
    By CPA Order 45, the Ministry of Planning and Development (MoPD) 
was accorded responsibility for the registration of foreign and 
domestic NGOs. On October 24, the Office of the Prime Minister issued a 
statement that the IIG had approved the transfer of the NGO Assistance 
Office from MoPD to the Ministry for Civil Society Affairs. The 
Minister of State for Civil Society has taken an active approach to 
developing relations with, and assisting, human rights and elections-
related NGOs.
    On May 16, MOI issued a letter instructing governorates to notify 
MOI of NGO funding and to get approval for such funding. In order to 
qualify, organizations had to sign an affidavit stating that their 
group was nonpolitical, nonreligious, financially responsible, and 
would work to build a democratic society. On August 24, although this 
edict was not generally enforced, a National Democratic Institute (NDI) 
employee in Nasiriya was arrested for failing to seek governorate 
approval for conducting NDI activities. The employee was subsequently 
released.
    Terrorists throughout the country have systematically killed NGO 
and civic leaders.
    NGOs had serious security concerns that impaired their ability to 
work in the country. On August 3, four citizen aid workers employed by 
the Agency for Technical Cooperation and Development were stabbed to 
death near Najaf. On September 7, unknown assailants kidnapped two 
Italian aid workers. Subsequently, a group claiming loyalty to al-
Qa'ida and calling itself Al Zawahiri Loyalists took responsibility for 
the kidnappings. The women were held for 3 weeks before being released. 
On October 19, the charity group Care International confirmed that its 
head of operations had been kidnapped in Baghdad. After her presumed 
death, Care International suspended its operations in the country (see 
Section 1.g.).
    The Ministry of Human Rights is responsible for the development and 
implementation of a human rights policy. The Ministry employed 250 
people and, in addition to its office in Baghdad, had an office in 
Basra and planed to open offices in 5 other cities. There were also 
independent ministers of human rights in Arbil and Sulaimaniya.
    During the year, the Ministry focused on raising awareness and 
knowledge of human rights throughout the country, building a viable 
civil society, working with other ministries to ensure that human 
rights were a mainstream priority within the Government, and assisting 
with humanitarian exhumations. The Ministry attempted to draw the 
Government's attention to human rights and abuses, pointing to the 
recent past when the former regime tortured thousands of persons 
perceived to be oppositionist.
    In a July 13 online political publication (PolitInfo.com), the 
Human Rights Minister Bakhtiar Amin, expressed public concern that the 
new security forces, as well as the public at large, were not 
adequately educated regarding human rights. He noted that the battle 
against human-rights abuses was difficult because these abuses were 
``learned behavior,'' adding that the security forces were still not 
well-educated in the principles of human rights, international 
humanitarian law, conventions against torture, and the investigative 
methodologies of countries that have well-ingrained democratic values 
and rules. He has returned publicly to that theme, acknowledging that 
abuses had occurred and that the legacy of the former regime would take 
time to alter.
    On November 18, the Ministry announced that it had earmarked $45 
million (67.5 billion dinars) in aid for the city of Fallujah. Ministry 
teams used the money to provide emergency aid to an estimated 200,000 
Fallujans displaced due to insurgent and subsequent military 
operations.
    Security was a key issue for the Ministry of Human Rights during 
the year. The Minister and members of his staff received death threats. 
Additionally, experts judged the security situation too difficult to 
provide in-country training.
    The Ministry established relationships with the international human 
rights and humanitarian communities in an effort to align the country's 
institutions and practices with international standards: The ICRC, the 
U.N. Development Fund for Women, as well as relationships with the 
United Nations Educational, Scientific and Cultural Organization, the 
U.N. Office for Project Services, Office of the High Commissioner for 
Human Rights, the U.N. Development Program, and the World Health 
Organization.
Section 5. Discrimination, Societal Abuses and Trafficking in Persons
    The TAL provides that all citizens are equal without regard to 
gender, sect, opinion, belief, nationality, religion, or origin, and 
the Government generally enforced these rights.

    Women.--The Ministry of State for Women's Affairs, with a 
professional staff of 10 and 13 security personnel, functioned 
primarily as a policy office.
    The Ministry of Labor and Social Affairs' (MOLSA) Social Care 
Directorate administers a variety of social care institutions, among 
them for orphans and the elderly. No substantive assistance was 
currently offered for victims of domestic violence, although women who 
were heads of single-parent households did receive a minimal cash 
stipend from the Ministry.
    Domestic violence against women occurred, but little was known 
about its extent. Such abuse was customarily addressed within the 
tightly knit family structure. There was no public discussion of the 
subject, and no statistics were published. There were some reports that 
honor killings occurred, but no further information was available.
    A safe house located within the International Zone in Baghdad 
provided shelter to victims of domestic abuse or those threatened with 
honor killings. The safe house relied on nongovernmental support and 
had an uncertain future because of government space needs in the 
International Zone.
    Women's leaders claimed that some extremist groups targeted women 
by kidnapping, killing, and terrorizing them in an effort to force them 
to refrain from working in public, to remain at home, wear veils, and 
adhere to a very conservative interpretation of Islam. According to an 
Amnesty International (AI) report, the lack of security remained a 
serious threat, and women and girls feared abduction, rape, and murder.
    Islamic extremists reportedly targeted female university students 
in a number of cities and demanded that they cease wearing western 
style clothing and cover their heads while in public. Additionally, 
these extremists allegedly demanded that some universities separate 
male and female students. According to the Ministry of Higher 
Education, approximately 3,000 women indicated that they wanted to 
postpone their university studies because of the current security 
situation.
    The law prohibits rape, and prostitution is illegal.

    Children.--According to UNICEF, almost one-half of the country's 
total population was under the age of 18.
    Primary education, which is free and universal, is compulsory 
through age 11. Attendance in the sixth grade fell to about 50 percent 
of first grade levels due, in part, to the pervasiveness of child 
labor.
    According to UNICEF, nearly 1 in 4 children (31.2 percent of girls 
and 17.5 percent of boys) between the ages of 6 and 12 did not attend 
school. According to authorities, literacy dropped from 80 percent in 
the late 1980s to approximately 50 percent during the year. Although 75 
percent of teachers are women, women and girls represented 
approximately 70 percent of the increase in illiteracy.
    Ministry of Health clinics provide health care, which was generally 
free of charge to all citizens. There was no systemic distinction in 
the care provided to boys and girls.
    During the August National Conference that chose the Interim 
National Council, a Human Rights Sub-Committee was established. It 
noted as one of its priorities the need to stop the exploitation of 
children, especially their employment in military militias.
    The Child Welfare Commission, in coordination with UNICEF, held its 
first conference on children's rights on November 30. The Commission 
includes the Ministries of Labor and Social Affairs, Foreign Affairs, 
Education, Health, Culture, Planning, Youth, Justice, Environment, 
Interior, Women's Affairs, and Human Rights.

    Trafficking in Persons.--Detection of trafficking was extremely 
difficult due to lack of information because of the security situation, 
existing societal controls of women, and the closed-tribal culture. 
Some reports suggested that the country might be a country of origin 
for women trafficked for the purpose of sexual exploitation to other 
countries within the region and to India. For example, there were 
reports indicating that some citizen women and girls were trafficked to 
the Arabian Peninsula for sexual exploitation. Some of these victims 
cited threats against their families as a means of coercion; others may 
be victims of debt bondage. To a lesser extent, there were reports of 
girls and women trafficked within the country for sexual exploitation. 
The Ministry of Interior has responsibility for trafficking-related 
issues.

    Persons With Disabilities.--The Ministry of Labor and Social 
Affairs operated several institutions for the education of disabled 
children and young adults. These institutions offered basic educational 
services; however, they did not have access to appropriate pedagogical 
technology due to the absence of training and funding.

    National/Racial/Ethnic Minorities.--Ethnically and linguistically, 
the country's 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 Sabean Mandaeans, Baha'is, and Jews.
    Historic tensions between Turkmen and Kurds reportedly reached 
their peak at the end of 2003 and continued during this reporting 
period.
    Assyrian and Chaldean were considered by many to be a distinct 
ethnic group. These communities spoke a different language (Syriac), 
preserved traditions of Christianity, and did not define themselves as 
Arabs.
    The TAL identifies Arabic and Kurdish as the two official languages 
of the State. It also guarantees the right of citizens to educate their 
children in their mother tongue, such as Turcoman, Syriac, or Armenian, 
in government educational institutions in accordance with educational 
guidelines, or in any other language in private educational 
institutions.
    Christians in the region reported that they experienced problems, 
which they attributed to the affiliation of some Sunnis with foreign 
Sunni extremist groups; however, relations with their Shi'a neighbors 
remained cordial. Many Christians have reportedly left their businesses 
because of threats. Some Christian professionals complained that 
corruption in the Government excluded them from jobs for which they 
qualified.
    The country's Jewish population reportedly dwindled at year's end 
to only 22 persons in the Baghdad area, from 33 in April 2003. Soon 
after the fall of the Ba'ath Regime, the IGC signed a memorandum with 
the Baghdad Jewish community that would protect Jewish assets should 
all members of the community depart the country. These assets would be 
transferred to three external organizations.
Section 6. Worker Rights
    The exercise of labor rights remained limited, largely due to 
societal violence, high unemployment, and maladapted labor 
organizational structures and laws; however, with international 
assistance, some progress was underway at year's end.
    MOLSA's Labor Directorate has jurisdiction over the labor code, 
child labor, wages, the Occupational Safety and Health Administration 
(OSHA), and labor relations. Most elements of this department were not 
staffed and no funds were available from the budget.
    At year's end work was in progress to draft a new labor code. The 
TAL incorporated the 1987 labor code and the CPA Order Number 89 that 
amended it.

    a. The Right of Association.--The TAL guarantees the right of free, 
peaceable assembly and the right to join associations freely, as well 
as the right to form and join unions and political parties freely.
    Despite the formation of dozens of trade union groups since 1991, 
MOLSA continued to recognize and deal with the Iraqi Federal Federation 
of Trade Unions. This was the only labor federation recognized by the 
government, in spite of the existence of three other labor federations.
    Throughout the year, the International Labor Organization (ILO) 
provided technical assistance outside the country to help rebuild the 
capacity of MOLSA, establish emergency employment services, and put in 
place training and skills programs. In June, a national delegation 
composed of representatives of workers, employers, and the Government 
attended the 92nd session of the ILO Conference in Geneva. The 
Conference accepted an arrangement proposed by the Government for the 
settlement of its arrears of contributions for the period 1988-2003, 
thereby restoring the country to full voting rights in the Conference.

    b. The Right to Organize and Bargain Collectively.--The TAL states 
that every citizen has the right to demonstrate and strike peaceably in 
accordance with the law. The labor law of the former regime still in 
force prohibits collective bargaining in the public sector.
    In February, a delegation of the Brussels-based International 
Confederation of Free Trade Unions (ICFTU) visited the country on a 10-
day fact-finding mission. Composed of members of ICFTU affiliates in 
Tunisia, the United Kingdom, and the U.S., as well as representatives 
of the Global Union Federations in the education and transport sectors, 
the delegation met with workers and trade union leaders, members of the 
Iraqi Federation of Industries, and officials of the IGC and the CPA. 
The ICFTU reported that workers were organizing unions in workplaces 
where they had been forbidden under the laws of the former regime and 
revitalizing union structures previously dominated by the Ba'athists. 
Later in the year, the ICFTU provided a number of training seminars in 
core labor standards for trade unionists.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, and there were no 
reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the worst forms of child labor. The Government had 
limited capacity to enforce the law due to the effects of the ongoing 
insurgency. The minimum age for employment is 15 years.
    The Child Labor Unit at MOLSA was established in January with a 
staff of four. The Unit is responsible for coordinating child labor 
projects designed to eliminate the worst forms of child labor, raising 
awareness of the hazards of the worst forms of child labor, and 
conducting inspections of work places to enforce child labor laws. No 
inspectors were hired or trained, and no further budget allocations 
were made to support the unit by year's end.
    Despite the various laws and regulations in place, children were 
routinely tapped as an additional source of labor or income for the 
family unit. This often took the form of seasonal manual labor in rural 
areas, while in cities; it often meant begging or peddling a variety of 
products
    According to a report of the Islamic Institution for Women and 
Children, many children under the age of 16 worked to help support 
their unemployed parents. The report cited poverty as the main reason 
for child labor. In Baghdad's industrial zone (Kusra and Attach areas), 
children worked in various industrial crafts industries and constituted 
approximately 30 percent of the workers. Children earned, 66 cents to 
$2 (1000 to 3000 dinars) per day.

    e. Acceptable Conditions of Work.--The national minimum wage for a 
skilled worker was less than $7.00 per day (10,000 dinars) and for an 
unskilled worker less than $3.50 per day (5,000 dinars). The standard 
workday is 8 hours. The average salary was approximately $1,250 per 
year (1,785 million dinars). Unskilled workers must work 357 days per 
year to achieve this average. These earnings were barely above poverty 
level.
    The OSHA component of MOLSA was inherited from the Ministry of 
Health and comprises approximately 129 staff located throughout the 
country. Salary disputes and a lack of funding effectively curbed any 
work by this unit.

                               __________

                                 ISRAEL

    Israel is a multiparty parliamentary democracy. ``Basic laws'' 
enumerate fundamental rights. The 120-member Knesset has the power to 
dissolve the Government and mandate elections. The current Knesset and 
Prime Minister Ariel Sharon were elected democratically in 2003. (An 
annex to this report covers human rights in the occupied territories. 
This report deals only with the situation in Israel itself.) The 
judiciary is independent and often ruled against the Executive, even in 
security cases.
    During the year, a total of 76 Israeli civilians and four 
foreigners were killed as a result of Palestinian terrorist attacks in 
Israel and the occupied territories, and 41 members of the Israeli 
Defense Forces were killed in clashes with Palestinian militants. 
During the same period, more than 800 Palestinians were killed during 
Israeli military operations in the occupied territories.
    Internal security is the responsibility of the Israel Security 
Agency (ISA or Shin Bet), which is under the authority of the Prime 
Minister. The National Police, which includes the Border Police and the 
Immigration Police, are under the Minister of Internal Security and the 
Minister of Interior respectively. The Israel Defense Forces (IDF) are 
under the authority of a civilian Minister of Defense. The IDF includes 
a significant portion of the adult population on active duty or reserve 
status. The Foreign Affairs and Defense Committee in the Knesset 
oversees the IDF and the ISA. Security forces were under effective 
government control. Some members of the security forces committed 
serious abuses.
    The country's population is approximately 6.8 million, including 
5.2 million Jews, 1.3 million Arabs, and some 290,000 other minorities. 
It has an advanced industrial, market economy with a relatively high 
standard of living. Twenty one percent of the population lived below 
the poverty line in 2003. Unemployment was approximately 11 percent, 
and was higher among the Arab population. Foreign workers, both legal 
and illegal, constituted about 7 percent of the labor force.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Some members of 
the security forces abused Palestinian detainees. Conditions in some 
detention and interrogation facilities remained poor. During the year, 
the Government detained on security grounds but without charge 
thousands of persons in Israel. (Most were from the occupied 
territories and their situation is covered in the annex.) The 
Government did little to reduce institutional, legal, and societal 
discrimination against the country's Arab citizens. The Government did 
not recognize marriages performed by non-Orthodox rabbis, compelling 
many citizens to travel abroad to marry. The Government interfered with 
individual privacy in some instances.
    Discrimination and societal violence against women persisted, 
although the Government continued to address these problems. 
Trafficking in and abuse of women and foreign workers continued to be 
problems. Discrimination against persons with disabilities persisted.
                        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 the Government or its 
agents during the year.
    Twelve Israeli-Arab and one Palestinian protestors were killed by 
police during October 2000 demonstrations (see Section 2. b.). The Orr 
Commission of Inquiry (COI) was established to investigate those 
killings. It recommended a number of measures, including criminal 
prosecutions. The Cabinet adopted those recommendations in June. At 
year's end, the Justice Ministry had not completed its investigations. 
In October, the Justice Minister appointed Assistant Commander Benzi 
Sau, one of the officers being investigated, to the position of Border 
Police staff commander. The Legal Center for Arab Minority Rights in 
Israel (Adalah), an Israeli-Arab advocacy group, charged that this was 
a promotion. The Orr Commission specifically recommended that Sau not 
be promoted due to his involvement in the killings.
    During the year, terrorist organizations such as the Islamic 
Resistance Movement (Hamas), Al-Aqsa Martyrs' Brigades, Hizballah, 
Islamic Jihad, and the Popular Front for the Liberation of Palestine 
(PLFP), committed numerous acts of terrorism in Israel as well as in 
the occupied territories.
    According to the Government, there was a 45 percent reduction in 
the number of Israelis killed in such attacks during the year due to 
the construction of a security barrier (see annex) and effective 
terrorist interdiction. Seventy-six Israeli civilians and 4 foreign 
nationals were killed, and over 394 were injured in terrorist attacks 
during the year. Forty-one Israeli security forces were killed and 195 
injured. There were 13 suicide attacks during the year that resulted in 
53 Israeli and 2 Palestinian deaths. In addition, eight suicide bombers 
killed only themselves. In contrast, 26 suicide attacks in 2003 caused 
144 deaths.
    In July 2003, the Border Police killed Morassi Jibali, an Israeli-
Arab. Police claimed the car in which he was a passenger had failed to 
stop upon order, and that he had been mistaken for a terrorist. The 
driver claimed that he had tried to avoid the roadblock because he was 
driving without a license. According to Mossawa Advocacy Center for 
Arab Citizens of Israel (Mossawa), witnesses reported that the police 
did not warn the driver before firing and that police later prohibited 
medical personnel from treating Jibali. At year's end, the Ministry of 
Justice division for investigating police officers continued to 
investigate the incident.
    In July 2003, police killed unarmed Bedouin, Nasser Abu al Qia'an, 
in his car at a junction. Police claimed he had tried to run them over 
but at least one witness disputed the police account, reporting that 
spikes in the road prevented any movement of the car. In September, the 
Ministry of Justice filed an indictment against the police officer, who 
was subsequently tried and found not guilty on the grounds of self-
defense.
    In September 2003, residents of an Arab community, Kafr Qassem, 
clashed with police searching for illegal immigrants. The police 
wounded one Israeli Arab when, according to police reports, village 
residents began to throw stones. According to Mossawa, at year's end, 
the police had either not investigated or had closed all cases against 
the police involved.
    On January 29, a suicide bomber blew up a Jerusalem bus killing 11 
Israelis and injuring 50. Al Aqsa Martyrs' Brigades and Hamas claimed 
responsibility. On August 31, twin suicide bombs exploded on buses in 
Be'er Sheva, killing 16 persons and injuring over 100. Hamas claimed 
responsibility.
    On November 1, a suicide bombing in Tel Aviv killed 3 Israelis and 
wounded 30. The PFLP claimed responsibility. According to official 
Israeli data, the number of rocket and mortar attacks against Israeli 
targets increased over the year. Palestinian terrorists routinely fired 
rockets into Sderot, a town that borders the Gaza Strip. Qassam rocket 
attacks on June 28, and again on September 29, killed four residents of 
Sderot.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Laws, judicial decisions, and administrative regulations 
prohibit torture and abuse; however, during the year, credible NGOs 
filed numerous complaints with the Government alleging that security 
forces tortured and abused Palestinian detainees. (The law regarding 
torture and allegations of torture of Palestinians by Israeli security 
officials is discussed in the annex to this report.)
    The Public Committee Against Torture in Israel (PCATI) stated that 
no ISA officials had been tried on torture charges during the past 3 
years.
    In June, the Physicians for Human Rights in Israel (PHR) petitioned 
the Supreme Court to end what it termed the Israel Prison System's 
(IPS) ``systematic abuse of prisoners'' in the Sharon Prison. In July, 
the court decided to close the case after prisoner complaints ended 
with the appointment of a new prison warden. At year's end, PHR 
continued to investigate the complaints and had received relevant files 
from the police.
    A special bureau in the Ministry of Justice reviews complaints 
against police officers and may impose disciplinary charges or issue 
indictments against officers. During the year, several judges 
criticized this bureau for launching faulty investigations against 
police officers who were later acquitted.
    In January, two police officers were convicted of raping a foreign 
worker after they confiscated her work permit; each received a 2-year 
prison sentence.
    In May, an official secretly recorded a senior immigration police 
officer stating that immigration police used excessive force when 
detaining foreign workers. The senior officer confirmed his statement 
to the media, but its accuracy was disputed by the Immigration Police 
spokesperson. At year's end, a Knesset Committee on Foreign Workers 
continued to investigate this matter.
    The law provides detainees the right to live in conditions that do 
not harm their health or dignity. Conditions in IPS facilities, which 
house common law criminals and convicted security prisoners, and in IDF 
military incarceration camps, which hold convicted security prisoners, 
generally met international standards. The ICRC has access to these 
facilities. However, police detention and interrogation facilities for 
Palestinian were overcrowded and had austere, provisional conditions. 
In June 2003, the Supreme Court issued a permanent injunction 
prohibiting prisoners from being forced to sleep on the floor and 
mandated that every prisoner be provided a bed. Subsequently, the 
Minister of Internal Security stated that all persons held in the IPS 
would receive a bed, daily outdoor exercise, telephone and visitation 
rights, and less crowded facilities. In May, however, the IPS deputy 
warden told a Knesset committee that approximately 500 prisoners in the 
IPS, both security and criminal, slept nightly on prison floors because 
of a lack of beds.
    Conditions at the Russian Compound interrogation center in 
Jerusalem remained harsh. According to a PHR report released in 
November 2003, prisoners in the Russian Compound holding cells were 
routinely handcuffed with their hands behind their backs to their feet, 
sometimes for hours. The PHR report also stated that medical 
examinations given to arriving prisoners were used to determine if the 
prisoner could withstand ``the application of violent approaches to 
those jailed.'' A reputable international organization with access to 
this facility also reported during the year that it is investigating 
the use of Israeli doctors in this capacity.
    Women and children in prison were held separately from the adult 
male population. Citizens 18 years and older and Palestinians 16 and 
older were treated as adults. The ICRC reported that, as of the end of 
December, the Government held 498 minor Palestinians, with the youngest 
being 13 years old. Defense for Children International and Save the 
Children charged that minors were being ``physically and mentally 
abused,'' denied access to their families and legal representation 
during interrogation, and held in overcrowded and unsanitary 
conditions.
    The ICRC regularly monitored IPS facilities, as well as IDF camps 
and detention facilities. Pursuant to a 1979 ICRC-Israel agreement, the 
ICRC does not have access to interrogation facilities but can meet with 
detainees under interrogation in designated areas of those facilities. 
NGOs generally were not permitted to monitor any incarceration 
facilities, including within the IPS, but could send lawyers and 
representatives to meet with prisoners in those facilities. According 
to PHR, the Israeli Bar Association and public defenders were permitted 
to inspect IPS facilities.
    In December, in response to a petition to compel the Government to 
release information on a secret IDF detention facility, the Supreme 
Court ruled that the Government should not use secret interrogation 
facilities. The court gave the Government 60 days to respond to its 
undisclosed suggestions related to the secret facility.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions. (Palestinian security detainees fell under the 
jurisdiction of military law even if they were detained in Israel (see 
annex). When arrested, the accused is considered innocent until proven 
guilty, has the right to habeas corpus, to remain silent, to be 
represented by an attorney, to contact his family without delay, and to 
a fair trial. A bail system exists and decisions denying bail are 
subject to appeal. A citizen may be held without charge for 24 hours 
before he must be brought before a judge (48 hours for administrative 
detainees). If the detainee is suspected of committing a ``security 
offense,'' the police and the courts can delay notification of counsel 
for up to 31 days. The Government may withhold evidence from defense 
lawyers on security grounds. In March, the Public Defender's Office 
charged that the police sometimes failed to apprise detainees of their 
rights under law and did not always provide detainees with legal 
counsel when required. The Public Defender's Office estimated that, as 
a result, approximately 500 persons were deprived of their rights to 
due process.
    Foreign nationals detained for suspected violations of immigration 
law are afforded an immigration hearing within 4 days of detention, but 
do not have the right to legal representation. According to the local 
advocacy organization Hotline for Migrant Workers, appropriate 
interpreters were not always present at the hearings. Hotline received 
complaints from Israeli attorneys of being denied access to their 
foreign clients. According to Hotline, foreign detainees were rarely 
released pending judicial determination of their status. If the country 
of origin of the detainee had no representation in the country, 
detention could last for months, pending receipt of travel documents. 
During the year, there were credible allegations that the police 
knowingly detained and deported legal foreign workers to meet 
deportation quotas.
    Pursuant to the 1979 Emergency Powers Law, the Ministry of Defense 
may order persons detained without charge or trial for up to 6 months 
in administrative detention, renewable indefinitely subject to district 
court review. Such detainees have the right to legal representation, 
but the court may rely on confidential information to which the 
defendant and his or her lawyer are not privy. Administrative detainees 
have the right to appeal their cases to the Supreme Court.
    In September, Minister of Defense Shaul Mofaz ordered the 4-month 
administrative detention of Israeli citizen Tali Fahima based on 
confidential evidence that she was involved in terrorist activity. 
Fahima's appeal to the Supreme Court was denied in November. In 
December, she was released due to insufficient evidence, but was 
rearrested shortly thereafter when police presented additional 
evidence. Fahima remained in administrative detainee until later in 
December, when the Tel Aviv Magistrate's Court indicted her on criminal 
charges, which included assisting the enemy during wartime and passing 
information to the enemy. At year's end, she was detained pending 
trial.
    In the past, human rights groups have alleged abuse of preventative 
or administrative detention orders in cases in which the accused did 
not pose a clear danger to society.
    In 2000, the High Court ruled that detaining Lebanese captives 
indefinitely as ``bargaining chips'' violated the administrative 
detention law. In 2002, the Knesset passed the Illegal Combatant Law 
allowing the IDF to detain persons who are suspected of ``taking part 
in hostile activity against Israel, directly or indirectly'' or who 
``belong to a force engaged in hostile activity against the State of 
Israel.''
    In January, the GOI released Mustafa Dirani, head of the security 
for the Amal militia; Sheikh Obeid, a Lebanese cleric; and some 25 
other Lebanese prisoners held as enemy combatants in return for the 
release of Elchanan Tanenbaum, a kidnapped Israeli held by the 
Hizballah terrorist group in Lebanon, and the remains of three IDF 
soldiers kidnapped to Lebanon in 2000. The Government also released 400 
Palestinian prisoners and another 9 foreign prisoners in addition to 
the Lebanese. In October 2003, the Tel Aviv District Court disclosed 
that a Lebanese citizen, imprisoned in the country for 5 years but 
eligible for release, had been detained under administrative detention 
for the past year because the IDF decreed him an illegal combatant. He 
was released and repatriated in December.
    According to a reputable international organization, at year's end 
one Lebanese national remained in Israeli detention.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The Judicial Branch is organized into three levels: Magistrate 
Courts; six District Courts; and the Supreme or High Court. District 
Courts prosecute felonies, and Magistrate Courts prosecute 
misdemeanors. There are military, religious, labor relations, and 
administrative courts, with the High Court of Justice as the ultimate 
judicial authority. The High Court is both a court of first instance 
and an appellate court (when it sits as the Supreme Court). All courts 
in the judicial system, including the High Court of Justice, thus have 
appellate courts of jurisdiction. Religious courts, representing the 
main recognized religious groups, have jurisdiction over matters of 
personal status for their adherents (see Section 2.c.).
    The law provides for the right to a fair trial, and an independent 
judiciary generally enforced this right. The country's criminal justice 
system is adversarial, and professional judges rather than juries 
decide cases.
    Nonsecurity trials are public except in cases in which the 
interests of the parties are determined to be best served by privacy. 
Security or military trials are open to independent observers upon 
request and at the discretion of the court, but they are not open to 
the general public. The law provides for the right to a hearing with 
legal representation, and authorities generally observed this right in 
practice. In cases of serious felonies--subject to penalties of 10 
years or more--indigent defendants receive mandatory legal 
representation. Indigent defendants facing lesser sentences are 
provided with representation on a discretionary basis. Counsel 
represented approximately 70 percent of defendants.
    The 1970 regulations governing military trials are the same as 
evidentiary rules in criminal cases. Convictions may not be based 
solely on confessions; however, according to PCATI, in practice, some 
security prisoners have been sentenced on the basis of the coerced 
confessions made 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. Indigent detainees are not provided with free 
legal representation for military trials. Charges are made available to 
the defendant and the public in Hebrew, and the court can order that 
they be translated into Arabic if necessary. Sentencing procedures in 
military courts were consistent with those in criminal courts. 
Defendants in military trials have the right to appeal through the 
Military High Court. Defendants in military trials also can petition 
the civilian High Court of Justice (sitting as a court of first 
instance) in cases in which they believe there are procedural or 
evidentiary irregularities.
    According to a 2003 Haifa University study, a tendency existed to 
impose heavier prison terms to Arab citizens than to Jewish citizens. 
Human rights advocates claimed that Arab citizens were more likely to 
be convicted of murder and to have been denied bail.
    In May, three Israeli Arabs were released after having been 
detained for 10 months in prison when the police arrested new suspects 
for the July 2003 murder of IDF corporal Oleg Shaigat. One of those 
released publicly stated that his confession was coerced. According to 
the Government, it will conduct an official examination of this case.
    Human rights NGOs charged that the former mayor of the Arab city of 
Umm al-Fahm, Sheikh Raed Salah, who was arrested in May 2003 for 
allegedly funneling money to terrorist organizations, has been unfairly 
denied bail despite his status and community ties. At year's end, his 
case was still pending.
    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. In criminal cases, the law permits wiretapping under 
court order; in security cases, the Ministry of Defense must issue the 
order. Under emergency regulations, authorities may open and destroy 
mail based on security considerations.
    In May, the High Court banned the unsupervised electronic flow to 
public bodies and banks of data on private citizens maintained by the 
Government's Population Registry.
    Separate religious court systems adjudicate personal status matters 
such as marriage and divorce for the Jewish, Muslim, Christian, and 
Druze communities. Jews can only marry in Orthodox Jewish services. 
Jews and members of other religious communities who wish to have a 
civil marriage, Jews who wish to marry according to Reform or 
Conservative Judaism, those not recognized as being Jewish, and those 
marrying someone from another faith, must marry abroad in order to gain 
government recognition of their unions. While civil marriages are 
available in nearby Cyprus and are recognized by the Government, this 
requirement presents a hardship. In July, the Knesset extended for 6 
months the 2003 law that prohibits citizens' Palestinian spouses from 
the occupied territories from residing in the country (see Section 5).
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. The law prohibits hate speech and incitement to 
violence, and the 1948 Prevention of Terrorism Ordinance makes it 
illegal for persons to express support for illegal or terrorist 
organizations. In previous years, the Government has prosecuted persons 
for allegedly speaking or writing on behalf of terrorist groups; 
however, there were no such incidents during the year.
    On May 25, the ISA detained for 2 days British journalist Peter 
Hounam following his meeting with nuclear whistleblower Mordechai 
Vanunu, who was released in April after serving 18 years in prison (see 
Section 2.d.). The terms of Vanunu's release prohibited him from 
meeting with the foreign press unless approved by the Government. On 
November 11, police re-arrested Vanunu for meeting foreign media in 
violation of the terms of his release and confiscated his computer. 
Vanunu acknowledged the violation, and was released after 12 hours. 
Vanunu's computer had not been returned by year's end.
    In June, Arab Knesset Members Ahmed Tibi and Taleb el-Sana were 
censured by the Knesset Ethics Committee for harshly criticizing IDF 
operations in Gaza. The Committee banned Tibi and el-Sana from 
attending Knesset sessions for 1 and 2 days, respectively.
    In September, the Supreme Court upheld its original ruling 
overturning the Film Council's ban on the screening of the film, 
``Jenin, Jenin,'' which depicts fighting in the West Bank refugee camp 
in Jenin during April 2002. In its decision, the Supreme Court reasoned 
that a ban on the film was an undue infringement on freedom of 
expression.
    Arab Knesset Member Azmi Bishara was indicted (after the Knesset 
lifted his immunity) for making statements allegedly supportive of 
Hizballah during 2000 visits to Syria (a country still in a state of 
war with Israel) and to the Israeli-Arab city of Umm al-Fahm. In 
November, the Supreme Court held a hearing on a petition filed by 
Adalah to dismiss the charges. At year's end, the case was still 
pending.
    As a general rule, Israeli media covered the occupied territories, 
except for combat zones where access was restricted. In general, 
journalists continued to claim that the Government placed limitations 
on their freedom of movement within the occupied territories. The 
Government claimed such restrictions were necessary for the security of 
the journalists.
    There were several allegations from foreign media that the IDF 
fired upon journalists (see annex).
    In August, the Supreme Court ruled that the Government Press Office 
could not apply a blanket refusal to issue press credentials to 
facilitate access to official events to Palestinians from the occupied 
territories. The Court reasoned that such a blanket policy did not 
properly balance freedom of the press and national security.
    All newspapers are privately owned and managed. According to the 
Journalism Ordinance dating from the British Mandate, anyone wishing to 
publish a newspaper must apply for a license from the locality. The 
ordinance also allows the Minister of Interior, under certain 
conditions, to close a newspaper. In November, the High Court heard a 
petition filed by the Association for Civil Rights in Israel (ACRI) 
challenging the ordinance; at year's end, the court had not reached a 
decision.
    The country has 12 daily newspapers, 90 weekly newspapers, more 
than 250 periodical publications, and a number of Internet news sites.
    The quasi-independent Israel Broadcast Authority controls 
television Channel 1 and Kol Israel (Voice of Israel) radio, both major 
sources of news and information. The Second Television and Radio 
Authority, a public body, supervises the two privately owned commercial 
television channels and 14 privately owned radio stations. There are 
three cable and one satellite television companies that carry 
international networks and shows specifically produced for the domestic 
audience.
    The law authorizes the Government to censor any material reported 
from the country or the occupied territories that it regards as 
sensitive on national security grounds. A censorship agreement between 
the Government and media representatives provides for military 
censorship only in cases involving issues that are nearly certain to 
harm the country's defense interests. Media organizations may appeal 
the censor's decision to the High Court of Justice, and they are not 
subject to closure by the military censor for censorship violations. 
The military censor cannot appeal a court judgment. Foreign journalists 
were required to sign an agreement upon receiving their press cards in 
which they agreed to submit sensitive articles and photographs to the 
military censor. In practice, they rarely complied; however, the censor 
reviewed such material after the fact. News printed or broadcast abroad 
may be reported without censorship. During the year, there were 
instances of newspapers being fined for violating censorship 
regulations.
    The Government generally respected academic freedom; however, ISA 
approval was needed for appointments of teachers and administrators in 
Arab schools. In August, members of a Knesset committee reviewing the 
status of the Arab education system criticized this practice.

    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. ACRI reported that the police 
confiscated posters from both right and left wing demonstrations during 
the year, including posters referring to Prime Minister Sharon as a 
``dictator.''
    The law provides for the right of association, and the Government 
generally respected this provision in practice.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right. The Basic Law and 
Declaration of Independence recognize the country as a ``Jewish and 
democratic state,'' establishing Judaism as the country's dominant 
religion. Civil rights NGOs have accurately charged the Government with 
the discriminatory allocation of state resources favoring Orthodox 
Jewish institutions.
    Religious communities are conferred recognition under the law, 
enabling them to exercise legal authority over their members in 
personal status matters, such as marriage and divorce. These 
communities included the Eastern Orthodox Church, several Catholic 
orders, Maronites, and Jews. Three additional communities have been 
recognized--the Druze, the Evangelical Episcopal Church, and the 
Baha'i. Several religious communities are not recognized, including 
Protestant groups. Unrecognized communities may practice their religion 
freely and maintain communal institutions, but are ineligible to 
receive government funding for religious services.
    The fact that there was no recognized Muslim community is a vestige 
of the Ottoman period, during which time Islam was the dominant 
religion, and did not affect the rights of Muslims to practice their 
faith. Legislation enacted in 1961 afforded the Muslim courts exclusive 
jurisdiction to rule in matters of personal status concerning Muslims. 
Secular courts have primacy over questions of inheritance, but parties, 
by mutual agreement, may bring cases to religious courts. Muslims, 
since 2001, also have the right to bring matters such as alimony and 
property division associated with divorce cases to civil courts in 
family-status matters.
    Under the Law of Return, the Government grants citizenship and 
residence rights to Jewish immigrants and their immediate family 
members. In May, the High Court held that non-Jews who immigrate to the 
country and then convert according to Orthodox requirements are 
eligible to become citizens pursuant to the Law of Return. The court 
let stand the State's practice of not recognizing conversions to 
Judaism performed in the country by non-Orthodox rabbis.
    In December, ACRI released a report charging that the Ministry of 
Interior's Population Authority sought to prevent non-Jews--
particularly spouses of Israeli citizens--from obtaining residential 
status.
    Many citizens objected to exclusive Orthodox control over religious 
aspects of their personal lives. Approximately 300,000 citizens who 
immigrated under the Law of Return are not considered Jewish by the 
Orthodox Rabbinate. These immigrants cannot be married, divorced, or 
buried within the country. A 1996 law requiring the Government to 
establish civil cemeteries has not been implemented adequately. Non-
Jews and Jews who wish to marry in Reform, Conservative, or secular 
ceremonies must do so abroad.
    Non-Orthodox Jews faced greater difficulties than Orthodox Jews in 
adopting children. In December, on petition of the Israeli Religious 
Action Center (IRAC), the High Court of Justice ordered the Government 
to justify the Adoption Service of the Ministry of Social Affairs' 
practice of placing non-Jewish children only in Orthodox Jewish homes.
    According to IRAC, the budget for Jewish religious services, 
institutions, and schools for the year was approximately $450 million 
(1.9 billion New Israeli shekels(NIS), and virtually none of this went 
to non-Orthodox institutions. Also according to IRAC, the budget for 
the non-Jewish population was approximately $9 million (40 million 
NIS)--2 percent of the budget for 18 percent of the population.
    Muslim groups complained that the Government does not equitably 
fund the construction and upkeep of Muslim holy sites in comparison to 
Jewish Orthodox sites. It charged that the Government was reluctant to 
refurbish mosques in areas where there is no longer a Muslim population 
and has allowed mosques to be used for nonreligious purposes. The 1967 
Protection of Holy Sites Law protects all holy sites, but the 
Government has only issued implementing regulations for Jewish sites. 
In November, Adalah petitioned the Supreme Court to compel the 
Government to issue regulations to protect Muslim sites, charging the 
Government's failure to implement regulations had resulted in 
desecration and the conversion of some into commercial establishments, 
including bars.
    Since 2000, the Government no longer requires Israeli Muslims to 
obtain permission from the Interior Ministry to travel to Saudi Arabia 
on the Hajj.
    During 2003, the Government refused to grant residence visas to 
approximately 130 Catholic clergy assigned by the Vatican to the 
country and the occupied territories. According to representatives of 
Christian institutions, the process of visa issuance for religious 
workers significantly improved during the year. The Interior Ministry's 
Christian Department reported it had approved most of the 3,000 
applications made by clergy during the year.
    During the year, there were reports that airport immigration 
deported non-Jews with mutilated passports, whereas Jews with damaged 
travel documents were allowed entry.
    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. There were incidents of 
societal religious intolerance. In October, a yeshiva student spat at 
the Armenian archbishop of Jerusalem. The student was arrested and 
ordered to remain away from the Old City for 75 days. He also made a 
formal apology. There were incidents where ultra-Orthodox Jews threw 
rocks at motorists to protest their driving on the Sabbath.
    In January, the Government recognized the duly elected Greek 
Orthodox Patriarch, Eirinaios I; however, a legal challenge delayed 
implementation until March. Eirinaios I was elected in 2001, but had 
been unable to conclude financial or legal arrangements on behalf of 
the Patriarchate. However, he had been free to travel to the West Bank 
and Syria, where he is also the ecclesiastical authority.
    For a more detailed discussion, see the 2004 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. 
(Restrictions on movement within the occupied territories, between the 
territories and Israel, and the construction of a security barrier are 
discussed in 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. Pursuant to the 1945 State of 
Emergency Regulations, the Government may bar citizens from leaving the 
country based on security considerations. In April, the Government 
released Mordechai Vanunu after he served 18 years in prison for 
revealing details of the country's nuclear program to a British 
newspaper, the Sunday Times. Upon release, the Government prohibited 
Vanunu from going within 500 meters of airports and overland border 
crossings, and from entering any foreign diplomatic offices. Citing 
security concerns, the Minister of Interior barred Vanunu from leaving 
the country for 12 months. On December 24, Vanunu was detained at a 
checkpoint when he attempted to travel to Bethlehem for midnight mass; 
he was released the next day (see Section 2. a.)
    Citing confidential security reasons, in 2002, the Government 
imposed and renewed 6-month bans on foreign travel for Sheik Raed 
Salah, leader of the Northern Branch of Israel's Islamic Movement. In 
May 2003, Sheikh Salah was arrested for allegedly providing funds to 
terrorist groups. His trial was ongoing during the year.
    Citizens, including dual nationals, are required to enter and leave 
the country using their Israeli passports only. In addition, no citizen 
or passport holder is permitted to travel to countries officially at 
war with Israel without special permission from the Government.
    Advocacy groups challenged the 2003 temporary Citizenship and Entry 
into Israel Law, which bars Palestinians from the occupied territories 
from acquiring residence or citizenship rights through marriage to 
Israelis or to Palestinian residents of Jerusalem. These groups claimed 
that the law has a disproportionate adverse effect on the country's 
Arab citizens and residents (see Section 5).
    In 2002, the police confiscated the passport of Archimandrite 
Attallah Hanna, a citizen and a priest with the Greek Orthodox 
Patriarchate, for allegedly visiting Lebanon without permission and for 
making public statements hostile toward Israel while there. The case 
against Hanna was closed in January after Hanna signed a declaration 
renouncing terrorism. At year's end, Hanna claimed that he had not 
received a response to his application for a passport.
    The law prohibits forced exile of citizens, and the Government 
generally respected this prohibition in practice.
    The Government provides refugees all the protections under the 1951 
U.N. Convention Relating to the Status of Refugees or its 1967 Protocol 
and has established a system whereby persons can apply for refugee 
status. Palestinians were considered under the protection of the U.N. 
Relief and Works Agency for Palestine Refugees and therefore not 
eligible for refugee status in the country.
    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 also provided temporary 
protection to individuals who may not qualify as refugees under the 
1951 Convention or 1967 Protocol. The Government provided temporary 
humanitarian protection to persons from ``conflict countries,'' 
including Sierra Leone, Liberia, Cote d'Ivoire, and the Democratic 
Republic of the Congo.
    Some individuals present on tourist or work visas, or illegally, 
filed petitions with the local UNHCR representative seeking refugee 
status. The UNHCR referred eligible refugee applicants to the National 
Status Granting Body (NSGB), a committee consisting of representatives 
of the Justice, Foreign, and Interior Ministries. The NSGB issued 
recommendations, with the Ministry of Interior making final 
adjudication on refugee status. The Tel Aviv University Refugee Rights 
Clinic charged that the NSGB's procedures were not transparent, that it 
did not publish data, and that applicants who were denied status by the 
NSGB often were not given a reason for the denial.
    The Government did not return those denied refugee status to their 
home countries against their will. According to the Tel Aviv University 
Clinic, some of those denied refugee status could remain in detention 
facilities for months. In the case of asylum seekers from countries 
with which Israel was at war, the Government attempted to find a third 
country to accept them. The Government provided asylum seekers with 
temporary work permits, but it did not provide them with social 
benefits. If a person was granted refugee status, it was government 
policy to grant renewable temporary visas.
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 in January 
2003, when the Likud Party led by Ariel Sharon again won a plurality of 
Knesset seats, and Sharon was asked to form a Government of which he 
became Prime Minister. 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 was 
among Israeli Arabs, regularly win seats in the Knesset. Elections are 
by secret ballot.
    In March, the State Comptroller discovered the names of 2,298 
citizens age 110 or over in the voter registry, and determined that 
ballots had been cast in the names of some of these individuals. The 
Comptroller recommended that the Ministry of Interior investigate the 
registry's data to prevent fraud.
    The Basic Law prohibits the candidacy of any party or individual 
who denies the Jewish character and democratic existence of the State 
of Israel, incites racism, or supports in action or speech the armed 
struggle of enemy states or terror organizations. Prior to the 2003 
election, there were efforts to disqualify Arab candidates under the 
provisions of this law; however, they were overturned by the Supreme 
Court.
    In June, the Attorney General exonerated Prime Minister Sharon of 
allegations that he accepted bribes while serving as foreign minister 
in 1999. The Attorney General continued to review the Prime Minister's 
connections to the so-called ``Cyril Kern Affair,'' in which he was 
alleged to have engaged in questionable financial dealings to refund 
illegal campaign contributions.
    On July 11, the Prime Minister dismissed Minister of Infrastructure 
and Knesset Member Josef Paritzky from his cabinet seat after Channel 1 
Television broadcast a tape of Paritzky allegedly plotting with a 
private detective to defame a party rival.
    In September, Knesset Member Tzachi Hanegbi was suspended from his 
post as Minister of Public Security, pending a criminal investigation 
into allegations he made inappropriate political appointments while 
serving as environment minister from 2001-03. At year's end, there had 
been no further developments.
    There was an increasing public perception of corruption in the 
executive and legislative branches.
    A 2000 law affords the public access to government information, and 
citizens could petition for such access. According to the Association 
for Civil Rights in Israel, the Government does not effectively 
implement its freedom of information act; consequently, information was 
not always easy to obtain.
    There were 18 women in the 120-member Knesset, and women chaired 6 
of the Knesset's 21 committees, including the Committee on the Status 
of Women. There were 3 women in the Cabinet and 6 women on the 14-
member High Court of Justice. There were 11 Arabs, including 2 Druze, 
in the 120-member Knesset; most of these 11 represented parties that 
derived their support largely or entirely from the Arab community. In 
March, for the first time since the establishment of the State, an Arab 
was appointed as a permanent justice to the High Court of Justice. No 
Muslim or Druze citizens served on the court.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Following a visit in November 2003, the World Organization Against 
Torture and the International Federation for Human Rights concluded in 
a study that human rights groups were able to perform a full range of 
investigative and protective activities in the country ``without major 
difficulties.''
    In November 2003, the Ministry of Foreign Affairs established a new 
liaison unit to develop and maintain relations with international and 
domestic NGOs, assist domestic NGOs to participate in U.N. and other 
international fora, and to facilitate international NGOs' visits to the 
country.
    During the year, the Ministry of Interior, operating under a 2002 
order, barred entry to all foreign nationals affiliated with certain 
Palestinian human rights NGOs and solidarity organizations. In July, 
immigration police detained a U.S. citizen for over a month at Ben 
Gurion Airport on security grounds before a district court ruled that 
she could enter. The U.S. citizen was affiliated with the International 
Solidarity Movement, a Palestinian advocacy NGO.
    In February, the Ministry of Interior sustained the appeal of 
Adalah against the decision of the Office of the Registrar of 
Associations to investigate its activities. The registrar had contended 
that Adalah exceeded its mandate by associating with a political party 
and mismanaging its finances.
    NGOs must register with the Government by submitting an application 
and paying approximately $20 (85 NIS). They operate under the laws for 
nonprofit organizations. If its application is approved after 
investigation, the NGO receives a license to operate and must register 
with the tax office to receive tax-exempt status. Registered NGOs are 
eligible to receive state funding. Some Israeli-Arab NGOs have 
complained in the past of difficulties in both registering and 
receiving state funding.
    (See annex regarding NGOs in the occupied territories.)
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of sex, marital 
status, race, political beliefs, or age. Local human rights groups 
believed that often these laws were not enforced, either due to 
institutionalized discrimination or lack of resources.

    Women.--The Equality of Women Law 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; however, violence 
against women was a problem. According to an annual government report 
released in March, approximately 140,000 women--almost 12 percent of 
the country's adult women population--reported that they suffered from 
spousal abuse in 2003. The Ministry of Welfare and several Knesset 
committees, including the Domestic Violence Committee, have taken steps 
to address this problem. A wide variety of women's organizations and 
hotlines provided services to abused women. One organization reported 
that it handled approximately 1,300 hotline calls regarding domestic 
violence in 2003 with calls from women double those from men.
    Rape is illegal; NGOs considered the incidence of rape a matter of 
concern.
    In 2001, the Government enacted the Prevention of Stalking Law and 
amended the Prevention of Family Violence Law to require a number of 
public and private sector professional personnel to inform suspected 
victims of their right to turn to the police, welfare service, or 
Centers for the Prevention of Domestic Violence for assistance. There 
were no accurate statistics regarding the extent of sexual harassment 
in the workplace, although there was a dramatic increase in the number 
of complaints following the enactment of the 1998 law prohibiting 
sexual harassment. According to a government report issued in July, the 
65 cases of sexual harassment recorded in 2003 in the public sector 
resulted in 12 employees facing internal disciplinary action (warnings) 
and 2 male employees being forced to resign. Currently, 13 public 
employees accused of harassment face trial.
    According to IDF data, 358 soldiers complained of sexual harassment 
during the year, an increase of 3 percent from 2003. Male soldiers made 
14 of the complaints.
    In 2003, a women's organization reported three cases of Arab women 
killed by male relatives in ``honor'' cases, and that a Bedouin women's 
organization suspected 10 cases of women disappearing in the Negev to 
involve honor killings. There was no accurate estimate of the number of 
family honor cases as families often attempted to cover up the cause of 
such deaths.
    Prostitution is not illegal; however, the operation of brothels and 
organized sex enterprises is outlawed.
    The law provides for class action suits and requires employers to 
provide equal pay for equal work, including benefits and allowances; 
however, women's rights advocates claimed that significant wage gaps 
remained. According to figures published in March by the Central Bureau 
of Statistics, men's wages in 2002 were 23 percent higher than women's 
earnings. Women make up 56 percent of the bottom echelon of wage 
earners, but they are only 34 percent of the top echelon.
    Religious courts adjudicate personal status law. Jewish and Muslim 
women are subject to restrictive interpretations of their rights in 
both systems. Jewish women are not allowed to initiate divorce 
proceedings without their husbands' consent. Consequently, there were 
estimated to be thousands of so-called ``agunot'' who may not remarry 
or have legitimate children because their husbands either disappeared 
or refused to grant divorces. Rabbinical tribunals may sanction 
husbands who refuse to divorce wives. A foreign man was jailed for over 
2 years because he refused to grant his wife a writ of divorce. Some 
Islamic law courts in the country have held that a Muslim woman may not 
request a divorce, but that a woman may be forced to consent if a 
divorce is granted to the husband.

    Children.--Government spending on children was proportionally lower 
in predominantly Arab areas than in Jewish areas. In December 2003, the 
Child Welfare Council of Israel published a report that children in the 
country were growing poorer, and increasingly falling victim to 
violence, sexual exploitation, and drug and alcohol addiction. In 
November, the National Insurance Institute's (NIS) annual report on 
poverty showed that approximately 680,000 children, or 30 percent of 
the total child population, lived below the poverty line in 2003. 
However, some economists disputed the NIS' definition of poverty as 
overly broad. In October the Eli child protection organization reported 
to a Knesset committee that in 2003 it addressed 3,599 child abuse 
cases, as compared to 699 in 2000. The group attributed the increase in 
part to a new law requiring reporting of such abuse. The group claimed 
that child abuse cases in the country increased five-fold after 2000.
    On February 9, Elem, an NGO that aids troubled youth, estimated 
that there were more than 1,000 women under the age of 18 who work as 
prostitutes.
    Education is compulsory until the child reaches the 10th grade.
    The Government operated two school systems: One for secular Jews 
and Arabs, and one for Orthodox Jews. Ultra-Orthodox Jewish schools, 
while not a part of the public system, also received government 
funding. In December, the National Task Force for the Advancement of 
Education in Israel (the Dovrat Committee) issued a report including 
recommendations that would affect ultra-Orthodox schools. Ultra-
Orthodox political parties, such as the United Torah Judaism, opposed 
interference by the Government in its school system.
    Most Jewish children attended schools where the language of 
instruction was Hebrew and the curriculum included Jewish history. Most 
Israeli-Arab children chose schools where the language of instruction 
was Arabic and the curriculum had less of a Jewish focus. Israeli-Arab 
advocacy groups charged that Arab children received an education 
inferior to that of Jewish children in the secular system.
    According to the Government's February 2002 report to the U.N., 
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 an Israeli-Arab advocacy group, the 
percentage of Jews beginning university studies was 21.5 percent 
compared with 11.5 percent of those defined as ``members of other 
religions,'' mostly Arabs. Preschool attendance for Bedouin children 
was the lowest in the country, and the dropout rate for Bedouin high 
school students was the highest. Arab members of the Knesset have 
criticized the lower academic achievements of Arab students and stated 
that this was an indication of discrimination in the system.
    The Government has legislated against sexual, physical, and 
psychological abuse of children and has mandated comprehensive 
reporting requirements. The sharp increase in reported cases of child 
abuse in recent years, activists believed, was due to increased 
awareness rather than a growing pattern of abuse. There were five 
shelters for children at risk of abuse.

    Trafficking in Persons.--The law prohibits trafficking in women for 
the purpose of sexual exploitation; however, trafficking of women for 
prostitution remained a serious problem. Trafficking in foreign labor 
has also been a problem. The penal code stipulates that it is a 
criminal offense, punishable by between 4 and 20 years imprisonment, to 
coerce a person to engage in prostitution and makes it a crime to 
induce a woman to leave the country to ``practice prostitution 
abroad.''
    The operation of brothels and ``organized sex enterprises'' is 
outlawed, as are many of the abuses committed by traffickers and 
procurers, such as assault, rape, abduction, and false imprisonment; 
however, brothels operated in several major cities. The law guarantees 
foreign laborers legal status, decent working conditions, health 
insurance, and a written employment contract; however, some foreign 
laborers entered the country under conditions that constituted 
trafficking. Numerous reports documented foreign laborers living in 
harsh conditions, subjected to debt bondage, and restricted in their 
movements.
    Organized crime groups trafficked women primarily from the former 
Soviet Union, sometimes luring these women by offers of service jobs. 
Foreign laborers came mainly from Southeast Asia, East Asia, Africa, 
Turkey, Eastern Europe (Romania), and South and Central America. Some 
women were sold to brothels, forced to live in harsh conditions, 
subjected to beatings and rape, and reportedly forced to work off 
transportation costs and other ``debts'' through sexual servitude. In 
September, police arrested 40 suspected members of a Russian-Israeli 
prostitute smuggling ring which, according to a major media report, the 
police believed had brought hundreds of women into the country over the 
past decade. According to local NGOs, several hundred women are 
trafficked into the country annually, but the number decreased from 
previous years because of increased airport security.
    During the year, the Government strengthened its laws for fighting 
trafficking and established a new border police unit to combat 
smuggling of persons and drugs across the border with Egypt. A 2003 law 
provides minimum sentencing requirements for convicted sex traffickers. 
During the year, the Government filed 89 indictments for trafficking. 
Also, the police conducted 50 criminal investigations of trafficking 
and 516 involving related offenses. During the year, the police 
arrested 103 persons for trafficking, 69 of whom were denied bail. The 
prosecution division of the Ministry of Trade and Labor filed 309 
criminal indictments against employers and manpower firms for 
violations of labor laws concerned with employment of foreign workers. 
The Government received 88 judgments against violators during the year, 
for a combined sum in criminal fines of approximately $3 million (13.5 
million NIS).
    The Government investigated allegations that individual police 
officers engaged in misconduct, including taking bribes or tipping off 
brothels of raids, but these instances of corruption were not 
widespread.
    In February, the Government opened a new, 50-person-capacity 
shelter for trafficking victims. As of the end of the year, it was 
almost filled to capacity, and NGOs claimed that additional shelters 
were needed. The Government continued to provide some victims with 
lodging in police-funded hostels, minimal financial assistance, and 
access to medical care. Trafficking victims who are willing to assist 
in prosecuting traffickers, are not prosecuted or fined for illegal 
entry or for the possession of fraudulent documents, and receive visas 
and permits. According to the Government, during the year, 108 
trafficking victims chose to testify, compared to 81 victims in 2003. 
In August 2003, the State Attorney's office, the police, and the 
Knesset urged the courts to speed up the process of taking testimony 
from trafficking victims; the law stipulates that testimony must be 
taken within 2 months of the indictment of suspected traffickers, but 
some victims have waited as long as 18 months.
    In comparison with previous years, the Government increased its 
campaign to combat trafficking, and cooperated with local NGOs to 
launch an information campaign in countries of origin. With assistance 
of NGOs, the Government distributed brochures through its embassies in 
such source countries as Moldova and Uzbekistan, warning potential 
victims of the threat.

    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 2.4 percent of the population. Existing 
antidiscrimination 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 to public buildings for persons with disabilities was not widely 
enforced and accessibility of public transportation was not legally 
mandated. A 2002 survey of buildings by the Commissioner for Equality 
for the Disabled indicated that most building owners have ignored 
access laws for persons with disabilities. The commissioner also 
accused the Government of not adequately providing for the employment 
needs of the persons with disabilities, despite legal requirements to 
do so. In December 2003, the Attorney General told the Knesset 
committee that laws protecting and assisting persons with disabilities 
were not being implemented due mainly to a lack of funding.

    National/Racial/Ethnic Minorities.--The Orr Commission of Inquiry's 
report (see Section 1.a.) stated that the ``Government handling of the 
Arab sector has been primarily neglectful and discriminatory,'' that 
the Government ``did not show sufficient sensitivity to the needs of 
the Arab population, and did not take enough action to allocate state 
resources in an equal manner.'' As a result, ``serious distress 
prevailed in the Arab sector in various areas. Evidence of distress 
included poverty, unemployment, a shortage of land, serious problems in 
the education system, and substantially defective infrastructure.''
    In June, the Government adopted the proposals of a special 
ministerial committee on implementing the Orr Commission's 
recommendations, including the establishment of a government body to 
promote the Arab sector, the creation of a volunteer, national civilian 
service program for Arab youth, and the creation of a day of national 
tolerance. At year's end, the Government had not implemented these 
proposals.
    In December, the Knesset established a new subcommittee charged 
with monitoring the needs of the Israeli-Arab sector and advocating 
necessary alterations in the budget. The subcommittee is to be chaired 
by an Israeli-Arab Knesset member.
    In November, the Israeli-Arab advocacy NGO Sikkuy's annual report 
stated that 45 percent of Arab families were poor, in contrast to 15 
percent of Jewish families, and that the rate of infant mortality in 
the Arab sector was 8 out of 1,000 births--twice that of the Jewish 
population. According to Human Rights Watch, during the year, the 
Government provided 1 teacher for every 16 Jewish primary school 
children compared to 1 teacher for every 19.7 Arab children.
    According to a report by Mossawa, racist violence against Arab 
citizens has increased, and the Government has not done enough to 
prevent this problem. The annual report cited 17 acts of violence by 
Jewish citizens against Arab citizens. In October, police arrested two 
15-year-old boys for allegedly assaulting and harassing Arabs several 
months earlier. The two youths reportedly have admitted to the 
allegations against them. Advocacy groups charged government officials 
with making racist statements. In December, Knesset member Yehiel Hazan 
likened Arabs to ``worms'' in a speech in the Knesset on a terrorist 
attack. The Attorney General declined to open investigations into 
incitement by several public figures, including Hazan.
    In June, the Jerusalem District Court filed six indictments against 
fans of a local soccer team for shouting ``death to the Arabs'' at the 
local stadium. In May, then-Transportation Minister Avigdor Lieberman 
publicly advocated the transfer of Israeli-Arab communities to the 
occupied territories. A Haifa University poll released in June revealed 
that over 63 percent of Jews believed that the Government should 
encourage Israeli Arabs to emigrate.
    Approximately 93 percent of land in the country was public domain, 
including that owned by the state and some 12.5 percent owned by the 
Jewish National Fund (JNF). All public land by law may only be leased, 
not sold. The JNF's statutes prohibit the sale or lease of land to non-
Jews. In October, civil rights groups petitioned the High Court of 
Justice claiming that a bid announcement by the Israel Land 
Administration (ILA) involving JNF land was discriminatory in that it 
banned Arabs from bidding. The ILA halted marketing JNF land in the 
North and the Galilee. In December, Adalah petitioned the High Court to 
annul definitively the ILA policy. At year's end, there had been no 
court action.
    The Jewish community of Katzir had refused to provide an Israeli-
Arab family, the Ka'adans, with title to a plot of land. In 2000, the 
High Court of Justice ruled that the Government cannot discriminate 
against Israeli Arabs in the distribution of State resources, and that 
the ILA must provide the Ka'adans with the plot they wanted to buy. 
According to ACRI, the Ka'adans will be able to sign a lease upon 
payment of a development fee to the local municipality.
    Israeli-Arab advocacy organizations have challenged the 
Government's policy of demolishing illegal buildings in the Arab 
sector, and claimed that the Government was more restrictive in issuing 
building permits in Arab communities than in Jewish communities, 
thereby not accommodating natural growth. In February, security forces 
demolished several homes allegedly built without authorization in the 
Arab village of Beineh (see Section 1.c.). The Orr Commission found 
that ``suitable planning should be carried out [in the Arab sector] as 
soon as possible to prevent illegal construction... `` A ministerial 
committee, created to advise the Government on implementing the Orr 
Commission recommendations, called on the ILA to complete master plans 
for Arab towns, some half of which currently lack such plans. In towns 
without plans, and in 46 unrecognized Bedouin villages, building 
permits are not legally available. Israeli-Arab advocacy organizations 
have challenged the Government's plan to demolish more illegal 
buildings in areas in which it is not possible to obtain building 
permits.
    In June, the Supreme Court ruled that omitting Arab towns from 
specific government social and economic plans is discriminatory. This 
judgment builds on previous assessments of disadvantages suffered by 
Arab Israelis.
    Israeli-Arab organizations have challenged as discriminatory 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 towns. Objections were presented at 
a hearing in March 2003, but there was no response from the National 
Council for Building and Planning. The plan had not been implemented at 
year's end.
    On February 25, security forces demolished several homes in the 
Arab village of Beineh, claiming that the houses were built illegally. 
Adalah filed a complaint in April with the Ministry of Justice charging 
that security forces assaulted residents of Beineh in their homes and 
caused widespread property damage during the demolitions. At year's 
end, the Justice Ministry was still investigating the incident.
    Israeli Arabs were underrepresented in the student bodies and 
faculties of most universities and in higher professional and business 
ranks. The Bureau of Statistics noted that the median number of school 
years for the Jewish population is 3 years more than for the Arab 
population. Well educated Arabs often were unable to find jobs 
commensurate with their level of education. According to Sikkuy, Arab 
citizens held approximately 60 to 70 of the country's 5,000 university 
faculty positions. A small number of Israeli Arabs have risen to 
responsible positions in the civil service, generally in the Arab 
departments of government ministries. In September 2003, the Government 
approved an affirmative action plan to promote the hiring of Israeli 
Arabs in the civil service. However, according to Civil Service 
Commission data, only 5.05 percent of civil servants are Arab or Druze 
and only 193 of the 4,531 civil servants hired in 2003 were non-Jewish.
    In January, in order to implement a 2000 law requiring that 
minorities be granted ``appropriate representation'' in the civil 
service and on the boards of government corporations, Prime Minister 
Sharon mandated that every state-run company's corporate board must 
have at least one Arab member by August. In June, the media reported 
that the number of Arabs sitting on the boards of state corporations 
actually had declined. According to data from the Government Companies 
Authority, Arabs were only 36 out of the 544 board members of state-run 
companies.
    Israeli Arabs continued to complain of discriminatory treatment at 
the airport. In February, Ben Gurion Airport security officials singled 
out the editor of an Arab weekly, Lutfi Mashour, from his Jewish 
colleagues for additional security checks before he could join the 
press entourage, whose individual members President Moshe Katsav had 
invited to accompany him to Paris. Mashour refused to subject himself 
to the checks, and security officials prevented him from accompanying 
the President.
    Israeli Arabs were not required to perform mandatory military 
service and, in practice, only a small percentage of Israeli Arabs 
served in the military. Those who did not serve in the army had less 
access than other citizens to social and economic benefits for which 
military service was a prerequisite or an advantage, such as housing, 
new-household subsidies, and employment, especially government or 
security-related industrial employment. Regarding the latter, for 
security reasons, Israeli Arabs generally were restricted from working 
in companies with defense contracts or in security-related fields. In 
December, the Ivri Committee on National Service issued official 
recommendations to the Government that Israel Arabs not be compelled to 
perform national or ``civic'' service, but be afforded an opportunity 
to perform such service.
    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.
    The Bedouin sector was the weakest of all the population groups in 
the country. The COI report called for ``special attention'' to the 
living conditions of the Bedouin community. Approximately 140,000 
Bedouin live in the Negev; half in 7 state-planned communities, and the 
rest in 46 unrecognized settlements. The recognized Bedouin villages 
received basic services, but remained among the poorest communities in 
the country. According to a media report, some ``60 percent of the 
community's babies are not inoculated, the school dropout rate is 
exceedingly high, and 31 percent of school-age children in unrecognized 
settlements are illiterate.'' According to PHR, the unrecognized 
villages were not connected to national infrastructure and lacked basic 
services.
    In March, the Supreme Court issued a temporary injunction to 
prevent the ILA from spraying herbicide on Bedouin crops in 
unrecognized villages. Adalah alleged that the herbicide has caused 
adverse health effects; the ILA claimed that the crops were planted 
illegally on state-owned land.
    During the year, the Government began to implement a plan to 
relocate Bedouin living in unrecognized villages to seven new 
townships. Nearly two-thirds of the plan's $225 million (1 billion NIS) 
allocation is earmarked for ``environmental law enforcement in the 
Negev,'' which included resources for crop-spraying and home 
demolitions.
    Government planners noted that funds to complete the seven new 
townships were far from sufficient, and that the average Bedouin family 
did not have adequate funds to purchase a home there. Clashes between 
authorities and residents of unrecognized villages have escalated over 
the past year, resulting in one Bedouin resident of the village of Atir 
killed during a clash with a government home-demolition unit.
    In July, the Government extended for 6 months the 2003 Citizenship 
and Entry into Israel Law, which bars Palestinians from the occupied 
territories from acquiring residence or citizenship rights through 
marriage to Israelis. Several civil rights groups petitioned the High 
Court arguing that the law has a disproportionate effect on the 
country's Arab citizens. The ISA recommended the law based on its 
allegation that in some 20 cases Palestinian spouses of Arab citizens 
were involved in terrorist activity. Advocacy groups stated that 
approximately 16,000 residency applications have been affected. In 
August, the Attorney General informed the court that the Government may 
amend the law in February 2005 to widen exceptions to the ban. In 
December, the court ruled that it would wait to review these amendments 
before ruling on the legality of the law.

    Other Societal Abuses and Discrimination.--In June, bystanders 
verbally harassed participants in a gay pride parade in Jerusalem. At 
the same time, a photograph and the telephone number of a homosexual 
Jerusalem city council member was plastered on that city's billboards 
along with accusations that he would bring disaster to Jerusalem. 
Anonymous callers threatened to bomb the parade; however, there was no 
violence.
    In 2003, the Association of Gay Men, Lesbians, Bisexuals, and 
Transgendered in Israel complained of several incidents in which police 
allegedly engaged in verbal and physical harassment of homosexuals in a 
Tel Aviv public park. Representatives of that organization subsequently 
met with the police to discuss ways to improve relations, and the 
police appointed contact persons in all police districts who serve as 
liaisons to the homosexual community. No similar complaints were 
reported during the year.
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 are independent of the Government. 
Histadrut members elect national and local officers and officials of 
its affiliated women's organization, Na'amat, from lists of those 
already in the union. Plant or enterprise committee members are elected 
individually. Approximately 650,000 workers were members of Histadrut 
during the year, and much of the non-Histadrut work force was covered 
by Histadrut's collective bargaining agreements.
    Nonresident workers, including Palestinians from the West Bank and 
Gaza Strip, were not able to join Israeli trade unions or organize 
their own unions in Israel. 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 holding East Jerusalem identity 
cards 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. The 
law specifically prohibits antiunion discrimination. 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. 
The country's immigration officials estimated there were approximately 
200,000 foreign workers in the country. They did not pay union dues, 
but were required to pay an agency fee in lieu of dues, which entitled 
them to union protection by Histadrut's collective bargaining 
agreements. The Ministry of Labor has the authority to 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. The law protected strike leaders--even 
those organizing illegal strikes. If essential public services are 
affected, the Government may appeal to labor courts for back-to-work 
orders while the parties continue negotiations. Worker dismissals and 
the terms of severance arrangements often were the central issues of 
dispute. During the year, there were several major strikes of municipal 
workers. For example, on September 21, Histadrut called a nationwide 
strike over unpaid public sector wages to some 20,000 local government 
workers, reportedly involving 400,000 workers. Agreement was reached 
whereby the Government would pay grants to the local authorities in 
accordance with a recovery plan. During July, the port workers 
conducted strikes over a period of weeks to protest the Government's 
intentions to implement port reforms. In July, the country's 
Manufacturers Association reported that the strikes had caused 
approximately $400 million (2 billion NIS) in economic damages.
    There are no export processing zones. In December, the country 
signed an agreement with Egypt to establish a ``Qualified Industrial 
Zone'' (QIZ), which creates duty-exempt zones to facilitate joint 
manufacturing between Israel and Egypt for exports to the United 
States. Egyptian labor laws apply since the factories are located in 
Egypt. A comparable QIZ was established with Jordan in 1998.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, and there were no 
reports that such practices occurred for citizens or nonresident 
Palestinians working in Israel; however, civil rights groups charged 
that unscrupulous employers often took advantage of illegal workers' 
lack of status to hold them in conditions that amount to involuntary 
servitude (see Section 6.e.).
    Women were trafficked for the purpose of prostitution (see Section 
5, Trafficking).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Children at least 15 years old, who have completed their education up 
to grade 10, may be employed as apprentices only, according to the 
Apprenticeship Law. Children who are 14 years old may be employed 
during official school holidays in light work that will not harm their 
health. Working hours of those 16 to 18 years of age are restricted to 
ensure time for rest and education. The Government enforced these 
restrictions in practice.
    No reliable data existed regarding illegal child workers, although 
it is believed they exist to a small degree, primarily in urban, light 
industry. Previously, there were reports of illegal child labor in the 
country's undocumented Palestinian population; however, with the 
greatly reduced Palestinian workforce, such reports could no longer be 
confirmed.

    e. Acceptable Conditions of Work.--The minimum wage was calculated 
periodically and adjusted for cost of living increases. During the 
year, the minimum wage was approximately 47.8 percent of the average 
wage. At year's end, the minimum wage was approximately $900 (3,335 
NIS) per month. During the year, the minimum wage often was 
supplemented by special allowances for citizens and was considered by 
the Government to be sufficient to provide a citizen worker and family 
with a decent standard of living. Some union officials and social 
commentators disputed that. Union officials expressed concern over 
enforcement, particularly with respect to employers of illegal 
nonresident workers.
    By law, the maximum hours of work at regular pay are 42.5 hours a 
week, 8 hours a day, and 7 hours in night work on the day before the 
weekly rest. That rest period must be at least 36 consecutive hours and 
include the Sabbath for Jews and a choice of Friday, Saturday, or 
Sunday for non-Jews.
    Employers must receive a government permit to hire Palestinian 
workers from the occupied territories, and, to do so, must make a case 
that no citizen is available for the job. All Palestinians from the 
occupied territories working legally in Israel 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.
    Palestinian employees, whose Israeli employers recruited them 
through the Ministry of Labor, received their wages and benefits 
through that ministry. Palestinian workers were not eligible for all 
National Insurance Institute (NII) benefits although the ministry 
deducted a union fee and required contributions to the NII. 
Palestinians, paid through the Labor Ministry, continued to be entitled 
to maternity leave and were insured for injuries suffered while working 
in the country and for any wages lost by bankruptcy of a worker's 
employer. They did not, however, receive unemployment insurance, 
general disability payments, or low-income supplements. Palestinians, 
who were not employed through the Labor Ministry, were paid directly by 
their Israeli employers.
    Since 1993, the Government has agreed to transfer the NII fees 
collected from Palestinian workers to the Palestinian Authority (PA), 
which was to assume responsibility for all the pensions and social 
benefits of Palestinians working in Israel. According to the 
Government, these funds were unfrozen and transferred to the PA at the 
beginning of 2003, when mechanisms for transferring the funds and 
mechanisms for providing these services in the PA controlled 
territories were established.
    Following the outbreak of violence in 2000, the Government 
implemented a closure policy on the occupied territories, which 
prevented nearly all Palestinians from getting to their places of 
employment in Israel (see Section 2.d.). As of midyear, the Government 
issued approximately 15,000 work permits for Palestinian day laborers, 
of which approximately 12,500 were used by Palestinians to cross into 
Israel.
    Along with union representatives, the Labor Inspection Service 
enforced labor, health, and safety standards in the workplace, although 
resource constraints, such as insufficient 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. Continuing NGO and police reports charged that illegal 
workers often lived in situations amounting to involuntary servitude, 
due primarily to their tenuous legal status and lack of recourse. NGOs 
noted cases in which the police injured foreign workers during arrest. 
In July, the immigration police reportedly raided a factory on Kibbutz 
Ramat Hakovesh and found eight allegedly illegally employed Thai 
workers living in harsh conditions.
    Public debate continued regarding the role in the workplace and 
society of non-Palestinian foreign workers, whom the Government 
estimated as approximately 189,000 at the end of 2003. According to the 
Government, most of these workers entered the country illegally or 
overstayed their visas, with illegal migrant workers reaching 104,000. 
The Government estimated that, during the year, approximately 45,000 
illegal migrant workers left the country, with approximately 19,000 
deported and the rest departing voluntarily. Currently, the Government 
estimated that approximately 60,000 to 70,000 workers employed 
illegally still resided in the country. The majority of such workers 
came from Eastern Europe and Southeast Asia and worked in the 
construction and agricultural sectors, and as domestic help. During the 
year, the Government sought to restrict the entry and stay of new and 
resident workers.
    The law does not permit foreign workers to obtain citizenship or 
permanent residence status unless they are Jewish.
    In May, the Minister of Interior halted the deportation of any 
illegal foreign workers' children, age 10 and above and who were born 
and raised in the country, until a ministerial panel formulated a 
policy for naturalizing children in these circumstances. During the 
year, the Government allowed over 2,300 foreign laborers to change 
employers.
    NGOs alleged that foreign workers were being lured to the country 
with the promise of jobs that did not exist. Some foreign workers 
reportedly paid up to $10,000 (45,000 NIS) to employment agencies to 
obtain work permits. According to NGOs, in a significant number of 
cases workers were dismissed shortly after arriving. Allegedly, the 
manpower companies worked with deportation authorities to deport the 
newly arrived workers, who were then replaced by others, earning the 
companies more fees. NGOs argued that most workers expected to work for 
some time in the country to recoup their initial payments; those 
dismissed often sought illegal employment and some committed suicide.
    Illegal foreign workers facing deportation were brought before a 
special court, and workers may contest the deportation orders. Many 
workers lacked fluency in Hebrew, which hindered the process. In March, 
in response to judicial criticism about the protracted detention of 
foreign workers, the Attorney General directed that detained foreign 
workers must be brought before the court within 4 days of arrest, and 
not the 2 weeks stipulated by law. NGOs existed to aid workers facing 
deportation, and there have been cases in which the worker's status was 
reinstated. The court also provided a forum where workers subject to 
deportation orders can lodge claims for unpaid wages or other benefits 
to which they are entitled by law. Workers were often deported before 
they could lodge such claims. NGOs noted cases in which the police 
injured foreign workers during arrest. In some cases, these NGOs 
claimed, the workers were injured so seriously that they were not 
ultimately detained, due to the potential cost of care for their 
injuries and police fears of possible investigation of police 
misconduct. In 2003, at least one foreign worker killed himself while 
in detention; however, there were no such cases during the year.
    In 2002, 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. During 2003, another reporter from the publication was 
deported after advising foreign workers in an article on strategies for 
avoiding detention and deportation. 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. However, there were no comparable deportation 
actions during the year, and the newspaper continued to operate.

                        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. 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). The 
1995 Interim Agreement divided the territories into three types of 
areas denoting different levels of Palestinian Authority and Israeli 
occupation control. Since Palestinian extremist groups resumed the use 
of violence in 2000, Israeli forces have resumed control of a number of 
the PA areas, citing the PA's failure to abide by its security 
responsibilities.
    The body of law governing Palestinians in the occupied territories 
derives from Ottoman, British Mandate, Jordanian, and Egyptian law, and 
Israeli military orders. Laws and regulations promulgated by the PA 
also are in force. Israeli settlers were subject to Israeli law.
    The Palestinian Authority now has a democratically elected 
President and Legislative Council, which elects a Prime Minister and 
Cabinet. Following the death of PA Chairman Yasir Arafat on November 
11, an election for PA president was scheduled for January 9, 2005. 
Seven candidates competed in a vigorous election campaign throughout 
the occupied territories. Municipal elections were held in selected 
West Bank localities on December 23--the first since 1976. Future 
rounds of municipal elections were scheduled for 2005. New Palestinian 
Legislative Council elections were scheduled for July 17, 2005.
    Israel exercised occupation authority through the Israeli Ministry 
of Defense's Office of Coordination and Liaison (MATAK).
    Violence associated with the Intifada has claimed the lives of 
3,517 Palestinians, according to the Palestine Red Crescent Society 
(PRCS), 1,051 Israelis, according to the Israeli Ministry of Foreign 
Affairs website, and 52 foreign nationals, according to B'tselem, an 
Israeli human rights organization that monitors the occupied 
territories. During the year, over 800 Palestinians were killed during 
Israeli military operations in the occupied territories, a total of 76 
Israeli civilians and 4 foreigners were killed in terrorist attacks in 
both Israel and the occupied territories, and 41 members of the Israeli 
Defense Forces were killed in clashes with Palestinian militants.
    The Palestinian security forces included the National Security 
Forces (NSF), the Preventive Security Organization (PSO), the General 
Intelligence Service, or Mukhabarat, the Presidential Security Force, 
and the Coastal Police. Other quasi-military security organizations, 
such as the Military Intelligence Organization, also exercised de facto 
law enforcement powers. Palestinian police were normally responsible 
for security and law enforcement for Palestinians and other non 
Israelis in PA-controlled areas of the West Bank and Gaza Strip. 
Palestinian security forces were under the authority of the PA. Members 
of the PA security forces committed numerous, serious abuses.
    Israeli security forces in the West Bank and Gaza Strip consisted 
of the Israeli Defense Forces (IDF), the Israel Security Agency (Shin 
Bet), the Israeli National Police (INP), and the Border Police, an 
operational arm of the Israel National Police that is under IDF command 
when operating in the occupied territories. Israeli military courts 
tried Palestinians accused of security offenses. Israeli security 
forces were under effective government control. Members of the Israeli 
security forces committed numerous, serious abuses.
    The population of the Gaza Strip was approximately 1.4 million, of 
the West Bank (excluding East Jerusalem) approximately 2.4 million, and 
of East Jerusalem approximately 414,518, including 177,333 Israelis. 
The economy of the West Bank and Gaza Strip is small, underdeveloped, 
and highly dependent on Israel and international assistance. The 
continuing conflict, including Israeli curfews and closures, severely 
affected the economy.
    The PA's overall human rights record remained poor, and it 
continued to commit numerous, serious abuses. There were credible 
reports that PA officers engaged in torture, prisoner abuse, and 
arbitrary and prolonged detention. Conditions for prisoners were poor. 
PA security forces infringed privacy and freedom of speech and press. 
The PA did not take available measures to prevent attacks by terrorist 
groups either within the occupied territories or within Israel. 
Impunity was a serious problem. Domestic abuse of women persisted. 
Societal discrimination against women and persons with disabilities and 
child labor remained problems.
    There were reports that Israeli security forces used excessive 
force, abused and tortured detainees. Conditions in permanent prisons 
met international standards, but temporary facilities were austere and 
overcrowded. Many Israeli security personnel were prosecuted for 
committing abuses, but international and Israeli human rights groups 
complained of lack of disciplinary action in a large number of cases.
    The Israeli Government continued construction of a security barrier 
along parts of the Green Line (the 1949 Armistice line) and in the West 
Bank. The PA alleged that the routing of the barrier resulted in the 
taking of land, isolating residents from hospitals, schools, social 
services, and agricultural property. Israel asserts that it has sought 
to build the barrier on public lands where possible, and where private 
land was used, provided opportunities for compensation. Palestinians 
filed a number of cases with the Israeli Supreme Court challenging the 
routing of the barrier. In June, the Court ruled that a section of the 
barrier must be rerouted; determining that the injury caused by the 
routing of the barrier did not stand in proper proportion to the 
security benefits; various portions of the barrier route were rerouted. 
On July 9, the International Court of Justice issued an advisory 
opinion, concluding that ``The construction of the wall built by 
Israel, the occupying Power, in the Occupied Palestinian Territory, 
including in and around East Jerusalem and its associated regime, are 
contrary to international law.''
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Killings by 
Palestinian and Israeli security forces and by Israel settlers and 
Palestinian militant groups remained a serious problem.
    'Imran Abu Hamdiyah, a 17-year-old Palestinian, was found dead in 
Hebron in December 2002. In April 2003, four Israeli Border Police 
officers were arrested on charges that they had beaten Hamdiyah and 
then dumped him from their moving vehicle, causing fatal injuries. At 
year's end, a trial begun in 2003 was reportedly still ongoing.
    Three U.S. security personnel in a diplomatic convoy were killed in 
an attack in October 2003. At year's end, there had been no progress by 
the PA's investigative team, and the case remains unsolved.
    On May 2, Palestinians belonging to the al-Aqsa Martyrs' Brigades 
and the Islamic Jihad shot and killed Tali Hatuel, an Israeli settler 
and her four daughters in the Gaza Strip when their car spun off the 
road after a shooting. An Israeli traveling in a separate car and two 
IDF soldiers were injured before the gunmen were killed.
    On August 2, grenades were thrown into a room holding suspected 
Palestinian collaborators in the Gaza Central Prison. Two Palestinian 
prisoners were killed, and six others were injured. Palestinian 
security officials arrested two policemen, who allegedly had carried 
out the attack on behalf of Hamas. At year's end, no further legal 
action had been taken against the two police officers.
    On September 20, gunmen belonging to the al-Aqsa Martyrs' Brigades 
shot and killed Rami Yaghmour near Ramallah, alleging that Yaghmour had 
collaborated with Israel. The PA security services arrested two persons 
who were subsequently released.
    On September 27, an Israeli settler, Yehoshua Elitzur, shot and 
killed Palestinian taxi-driver Sa'al Jabara near Nablus. According to 
witnesses, Elitzur shot Jabara at close range after he had slowed his 
car to ask whether Elitzur needed assistance. On October 25, Elitzur 
was indicted in Tel Aviv District Court.
    On October 1, according to a Palestinian human rights group, 10 
unknown individuals in military uniforms entered the central prison in 
Nablus and killed 2 prisoners.
    On October 7, gunmen belonging to al-Aqsa entered a hospital in 
Ramallah, kidnapped a Palestinian accused of collaboration, shot him, 
and left his body on the street.
    On October 11, an assailant believed to be an Israeli settler shot 
and seriously wounded Palestinian farmer Hani Shadeh, 26, after Shadeh 
engaged in an argument with settlers. Local Palestinians said that 
settlers had cut down approximately 1,000 olive trees in an effort to 
drive Palestinians from their farmland.
    On October 27, an Israeli settler shot and killed 18-year-old 
Salman Yussuf Safadi near the settlement of Yizhar. The settler 
initially claimed that Safadi attempted to enter his home, but later 
said that the Palestinian was not in his home when he shot him. 
Settlers placed spikes in the road that prevented an ambulance from 
reaching Safadi before he died. The Israeli police opened an 
investigation into both the shooting and the obstruction of the 
ambulance; however, at year's end, there were no public results.
    On December 27, a Palestinian male was found dead outside Ramallah. 
Al-Aqsa claimed responsibility for killing the suspected collaborator.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Article 13 of the PA Basic Law prohibits the use of 
torture or force against detainees; however, international human rights 
groups stated that the use of torture was widespread and not restricted 
to those persons detained on security charges.
    Torture by PA security forces reportedly was widespread. 
Documentation of abuses was very limited, due partly to the hesitancy 
of alleged victims to file or make public claims of torture or abuse 
against PA authorities. Palestinian security officers have no formal 
guidelines regarding the proper conduct of interrogations; most 
convictions were based largely on confessions.
    Israeli law, as interpreted by a 1999 High Court of Justice 
decision, prohibited torture and several interrogation techniques, such 
as violent shaking, holding and tying of prisoner in painful positions, 
shackling, sleep deprivation, covering the prisoner's head with a sack, 
playing loud music, and prolonged exposure to extreme temperatures, but 
allowed ``moderate physical pressure'' against detainees considered to 
possess information about an imminent attack. However, CATI and the 
Physicians for Human Rights in Israel (PHR) reported that techniques 
prohibited by the law were used against Palestinian detainees during 
interrogation and that security forces often beat Palestinians during 
arrest and transport. Israeli law prohibits the admission of forced 
confessions, but most convictions in security cases were based on 
confessions made before legal representation was available to 
defendants.
    A detainee may not have contact with a lawyer until after 
interrogation, a process that may last weeks. The International 
Committee of the Red Cross (ICRC) is notified of arrests 12 days after 
they take place, and the ICRC is allowed to visit detainees 14 days 
after their arrest. Detainees sometimes stated in court that their 
confessions were coerced, but there were no instances when judges 
excluded such confessions.
    In January, at the Huwwara checkpoint, an IDF sergeant handcuffed 
and beat a Palestinian man in front of his family. The man was then 
removed to a hut and further beaten. The incident was taped by an IDF 
video team. The sergeant was convicted by a military judicial panel in 
September, sentenced to 6 months in jail, and demoted to the rank of 
private; he also admitted beating at least 8 other Palestinians and 
smashing windshields of 10 taxicabs from mid-January until the end of 
February.
    On May 23, a PA prison guard at a facility in Jericho severely beat 
a prisoner with a metal ruler, according to a witness. The witness also 
saw several other guards and nonuniformed individuals taking part.
    On May 24, another witness in the same facility observed a prisoner 
being beaten with a nightstick. The prison governor claimed that the 
prisoner had provoked the initial beating by taunting the guards, but 
he refused to explain the presence of other guards and plainclothes 
individuals during the beating.
    The Public Committee Against Torture in Israel (PCATI) reported 
that on July 6, a Palestinian inmate at the Gilboa Prison poured a hot 
substance on an Israeli prison official. In response, prison officials 
allegedly forced the cellblock inmates to kneel with their hands tied 
behind their backs and beat them, resulting in numerous injuries. At of 
year's end, PCATI had not received a response from the prison 
authorities regarding this incident.
    On September 26, the Israeli Justice Ministry filed indictments 
against five Border Policemen accused of severely abusing two 
Palestinians detained for lacking the necessary permits in Abu Dis 
earlier in September. According to the indictment, the border policemen 
forced the two Palestinians into a building and beat one with rifles, 
boots, and fists before forcing him to jump out of a second floor 
window. The border policemen allegedly burned the second Palestinian 
with a cigarette and forced him to drink urine. The policemen then 
allegedly threw the Palestinian's papers into a puddle of urine and 
ordered him to pick up his papers with his mouth and tongue. They then 
threw him out the same second story window. At year's end, further 
legal action remained pending.
    In February 2003, Israeli authorities arrested Daoud Dirawi, a 
Palestinian lawyer, for being in Jerusalem without proper 
identification. Dirawi told his lawyer that soldiers beat him severely 
on the way to the Asyun military prison in the Negev. In March 2003, 
Israel sentenced Dirawi to 6 months of administrative detention. He was 
released in August.
    Israeli soldiers on patrol in June 2003 allegedly attacked 20 
Palestinian youths, who were trying to cross a dirt road near a 
military checkpoint north of Jerusalem. The soldiers allegedly beat the 
youths with their rifles and threw several of them in a sewage ditch 
before leaving the scene.
    In June 2003, Israeli Border Police in Tulkarm took the identity 
card of shepherd Nazih Salah 'Awad Damiri, 24, and forced him to mime 
sexual intercourse with his donkey.
    In November 2003, IDF soldiers at the Huwwara checkpoint outside 
Nablus demanded that two Palestinians stop and clean the checkpoint. 
When the men refused, the soldiers handcuffed, blindfolded, and 
detained them for several hours. When B'tselem investigated the 
incident, the soldiers admitted to the action and claimed their 
superiors had ordered them to do it. B'tselem has requested an official 
investigation of the incident; however, at year's end, there was no 
response to their request.
    PA prison conditions were poor. Facilities were old, dilapidated, 
and neglected. Most prison facilities were destroyed during the 
Intifada, and prisoners were kept informally in houses or other 
buildings. There were separate facilities to hold juvenile prisoners. 
Prison facilities were poorly protected and subject to intrusions by 
outsiders. The PA generally permitted the ICRC access to detainees and 
allowed regular inspections of prison conditions; however, the PA 
denied access to some detainees for 14 days following their arrests. 
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 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 conditions of Israeli permanent prison facilities generally met 
international standards. The standards were less likely to be met in 
provisional detention centers, because prison facilities refused to 
take new inmates when their maximum capacity was reached. The detention 
and interrogation facilities for Palestinian detainees, including the 
four interrogation centers (Shikma, Kishon, Petah Tikva, and the 
Jerusalem Internment Center) were austere, overcrowded, provisional 
facilities. Israel held at least 121 Palestinian prisoners in some form 
of solitary confinement. Israel permitted independent monitoring of 
prison conditions by the ICRC and other groups, although human rights 
groups reported delays and difficulties in gaining access to specific 
detainees. Male family members between 16 and 40 years of age, and any 
family members with security records, usually were barred from visiting 
relatives in Israeli facilities. According to the ICRC, between January 
and May, 3,517 detainees in Israel, Gaza, and the West Bank had visits 
from family members.
    The NGO, Palestinian Prisoners Club, had approximately 820 medical 
cases in Israeli prisons. During the year, approximately 57 cases 
required urgent medical attention. Following the August 18 hunger 
strike, Israeli authorities provided increased medical attention; 
however, prisoners continued to claim that it was inadequate. Several 
private doctors were authorized to visit prisoners.

    d. Arbitrary Arrest or Detention.--The 2001 PA Criminal Procedures 
Law allows police to hold detainees without charges for 24 hours. Court 
approval is necessary for detention without charges for a maximum of 45 
days. A trial must start within 6 months of arrest or the detainee must 
be released. In practice, however, many Palestinians were held in 
detention without charge for months.
    PA security forces detained persons without informing judicial 
authorities, and often ignored laws that protect the rights of 
detainees and court decisions calling for the release of alleged 
security criminals. At year's end, Palestinian sources estimated that 
between 250 and 300 suspected collaborators were held in PA prisons. 
Alleged collaborators often were held without presentation of evidence 
to a court and were denied access to lawyers, their families, or 
doctors.
    Under applicable occupation orders, Israeli security personnel may 
arrest without warrant or hold for questioning a person suspected of 
having committed or to be likely to commit a security related offense. 
Israeli Military Order 1507 permits the Israeli army to detain persons 
for 10 days, during which detainees are barred from seeing a lawyer or 
appearing before court. Administrative detention orders could be issued 
for up to 6-month periods and could be renewed indefinitely by judges. 
No detainee has ever successfully appealed a detention order. Israeli 
military Order 1369 provides for a 7 year prison term for anyone who 
does not respond to a special summons in security cases. Suspects are 
entitled to an attorney, but this can be deferred during the 
interrogation phase, which sometimes lasts up to 90 days. Israeli 
authorities stated that they attempted to post notification of arrests 
within 48 hours, but senior officers may delay notification for up to 
12 days. Additionally, a military commander may appeal to a judge to 
extend this period in security cases for an unlimited period, and many 
families reported serious problems in learning of the status and 
whereabouts of prisoners. Evidence used at hearings for administrative 
detentions in security cases was often unavailable to the detainee or 
his attorneys due to security classification.
    The Israeli Government maintained that it held no political 
prisoners, but Palestinians claimed that administrative detainees were 
political prisoners. At year's end, Israel held approximately 8,300 
Palestinian security prisoners (up from 5,900 in 2003), of which at 
least 960 were in administrative detention.
    During the year, Israel did not conduct mass detentions in the West 
Bank as had been the case in the past; arrest operations were geared 
more toward specific persons. Israeli authorities intermittently issued 
special summonses for those suspected of involvement in or knowledge of 
security offenses.
    Palestinians transferred to prison facilities in Israel had 
difficulty obtaining legal representation because only Israeli citizens 
or Palestinian lawyers with Jerusalem identification cards were 
permitted to visit them. However, during the year, procedures were 
revised to permit more lawyers to have access to the prisons. Israeli 
authorities in some instances scheduled appointments, but they 
subsequently moved the clients to another prison to delay lawyer client 
meetings for as long as 90 days.
    The Government of Israel frequently failed to notify foreign 
consular officials in a timely manner when their citizens were 
detained.
    In contrast to past practice, during the year, Israel did not 
forcibly transfer Palestinians from the West Bank to the Gaza Strip. On 
August 27, Israel allowed Kifah Ajouri, a Fatah activist who was 
forcibly transferred to Gaza in 2002, to return to his home in Nablus. 
Mahmud Suleiman Sa'id al-Sa'di al-Saffouri was transferred to Gaza from 
Jenin in May 2003 and was required to remain in the Gaza Strip.
    Amnesty International (AI) noted that Muhammad Hassan Mustafa al-
Najjar was administratively detained for the fourth consecutive time on 
May 20. Subsequently, AI reported that al-Najjar was released on June 
20.

    e. Denial of Fair Public Trial.--The PA court system is based on 
legal codes that predate the 1967 Israeli occupation and Israeli 
military orders. A High Judicial Council (HJC) maintained authority 
over most court operations. State security courts were formally 
abolished in 2003. Military courts, established in 1995, have 
jurisdiction over police and security force personnel as well as crimes 
by civilians against security forces. The PA courts were inefficient, 
lacked staff and resources, and often did not ensure fair and 
expeditious trials. These problems predated PA jurisdiction, and were 
aggravated by lack of PA attention thereafter. The PA executive and 
security services frequently failed to carry out court decisions and 
otherwise inhibited judicial independence.
    The ongoing violence adversely affected the PA administration of 
justice. Operation Defensive Shield in 2002 damaged the Court of First 
Instance and Conciliation in Ramallah and the PA's main forensic lab. 
Many police stations and incarceration facilities were damaged or 
destroyed. Travel restrictions, curfews, and closures significantly 
impeded the administration of justice.
    Israeli law provides for an independent judiciary, and the 
Government generally respected this in practice. Palestinians accused 
of security offenses usually were tried in military courts. Security 
offenses are comprehensively defined and may include charges as varied 
as rock throwing or membership in outlawed terrorist 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.
    Israeli military trials followed evidentiary rules that were the 
same as those in regular criminal cases. Convictions may not be based 
solely on confessions, although, in practice, some security prisoners 
were convicted on the basis of alleged coerced confessions of 
themselves and others. The prosecution must justify closing the 
proceedings to the public in security cases. The accused is entitled to 
counsel, and a judge may assign counsel. 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. Defendants had the 
right to appeal through the Military High Court or to the Civilian High 
Court of Justice in certain instances. The court may hear secret 
evidence in security cases that is not available to the defendant or 
his attorney. However, a conviction may not be based solely on such 
evidence.
    Trials sometimes were delayed for very extended periods, because 
Israeli security force witnesses did not appear, the defendant was not 
brought to court, files were lost, or attorneys were delayed by travel 
restrictions (see Section 2.d.). Palestinian legal advocates alleged 
that these delays were designed to pressure defendants to settle their 
cases.
    On May 20, a Tel Aviv District Court convicted West Bank Fatah 
leader and Palestinian Legislative Council member, Marwan Barghuti, on 
three charges of murder and one charge of attempted murder involving 
terror attacks that resulted in the deaths of five Israelis. Barghuti 
was arrested in April 2002 and initially was barred from seeing an 
attorney; however, he was allowed to retain and dismiss legal counsel 
during the course of his trial. The trial began in September 2002 and 
proceeded sporadically for more than 2 years. Barghuti rejected the 
Israeli court's jurisdiction, did not mount a legal defense, and did 
not appeal the five consecutive life sentences he received.
    In May 2003, the PA High Court of Justice ordered the release of 
Taysir Abu Meghasib and Mehdi Abu Seif from detention for lack of 
evidence on charges of collaborating with Israel. At year's end, it 
appeared that they had not been released.
    On October 16, a PA civil court in the Gaza Strip sentenced a 
Palestinian to death by hanging after finding him guilty of 
collaborating with Israel; however, by year's end, there had been no 
execution. Another three Palestinians convicted of the same charges 
received prison terms.
    On November 28, an Israeli military court delayed PLC member Husam 
Khader's trial until March 6, 2005. Khader was arrested in March 2003 
for alleged involvement in Intifada-related violence, but his trial 
since has been delayed repeatedly.
    Crowded facilities, poor arrangements for scheduling and holding 
attorney client consultations, and confessions prepared in Hebrew 
hindered legal defense efforts.
    Israeli settlers 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 for crimes 
against Palestinians and, in the rare instances in which they were 
convicted, regularly received lighter punishment than Palestinians 
convicted in Israeli courts (see Section 1.a.).

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--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.
    Under occupation orders, an officer of the rank of lieutenant 
colonel or above could authorize entry of private homes and 
institutions without a warrant, based upon military necessity. On some 
occasions IDF personnel beat occupants and destroyed or looted 
property. Authorities stated that these were punishable violations of 
military regulations, and compensation was due.
    Israeli security forces demolished and sealed the homes (owned or 
rented) of Palestinians suspected of terrorism or the relatives of such 
suspects, without judicial review (see Section 1.g.). During the year, 
according to B'tselem, Israeli forces demolished 181 housing units in 
the occupied territories (compared with 219 in 2003) as punishment for 
terror activity and deterrence against future attacks.
    On February 26, the IDF blew up the apartment of 'Itaf Abu Sha'ira 
in the al-Aida refugee camp near Bethlehem. Abu Sha'ira said that an 
IDF officer on the scene told her that the demolition was punishment 
for her husband Hassan's June 2001 killing of an IDF soldier. The IDF 
gave Abu Sha'ira and her family 10 minutes to remove items from her 
apartment prior to its destruction; the explosion also damaged other 
apartments in the building.
    On April 4, the IDF blew up the home of Fakhri 'Aarda from the 
Tulkarm refugee camp after one of his sons killed an Israeli and 
injured another in a northern West Bank settlement on April 3.
    Israel demolished many homes between the Rafah refugee camp and the 
border with Egypt, claiming that the houses concealed tunnels used for 
weapons smuggling or provided cover for attacks against Israeli 
soldiers. Between May 17 and 24, the IDF undertook ``Operation 
Rainbow'' to secure the neighborhoods along the Philadelphi road that 
divides the Gaza Strip from Egypt and eliminate ``terrorists and wanted 
operatives.'' UNWRA and U.N. Office for the Coordination of 
Humanitarian Affairs (OCHA), judged that this operation destroyed 298 
buildings, leaving 3,794 individuals homeless. Since 2000, 
approximately 1,500 buildings in Rafah have been demolished by the IDF, 
making more than 15,000 Palestinians homeless.
    The IDF destroyed numerous citrus, olive, and date groves, and 
irrigation systems, stating that Palestinians had been shooting from 
those areas. The IDF also cleared and took control of land held by 
private Palestinians for construction of the separation barrier. 
B'tselem estimated that at least 6,900 acres of land has been taken for 
construction of the separation barrier. According to OCHA, the 
separation barrier was approximately 123 miles long and was projected 
to be more than 372 miles long.
    Human rights monitors reported that the IDF provided greater 
protection to Palestinian farmers than they did in the past. Still, 
Palestinians complained that the IDF measures gave insufficient time to 
complete the harvest, and that they were limited in their own ability 
to protect their property by curfews and travel restrictions.
    On November 17, approximately 70 Israeli settlers from the West 
Bank settlement of Itamar attacked Palestinian olive harvesters; 
Israeli security forces attempted to prevent disruption of the harvest.
    Between December 9 and 12, according to the daily Ha'aretz, Zufim 
settlers uprooted more than 217 olive and citrus trees at Jayyus.
    Israeli authorities generally did not prosecute settlers for acts 
of violence against Palestinians, and settlers rarely served prison 
sentences if convicted of a crime against a Palestinian. However, in 
August 2003, Israel arrested nine settlers for plotting an attack on a 
Palestinian school in East Jerusalem. Ultimately, during 2003, two were 
sentenced to 15-year terms, and one was sentenced to 12 years' 
imprisonment. The remaining six were released from custody for lack of 
evidence.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--Palestinian members of Fatah, HAMAS, 
and PFLP attacked and killed civilians in Israel, Israeli settlers, 
foreign nationals, and soldiers. They used weapons designed to inflict 
casualties on noncombatants, such as suicide bombs, and fired area 
weapons such as rockets and mortars at their targets without regard for 
noncombatants. In addition, they often fired at Israeli security forces 
from civilian population areas, increasing the risk that Israeli return 
fire would harm noncombatants. The PA did not take sufficient steps to 
prevent terrorist attacks, enforce a ban on militant groups, or prevent 
such groups from seeking shelter in civilian areas. By year's end, some 
PA officials made statements questioning the utility of violence. 
During the presidential campaign, PA presidential candidate Abbas 
called the armed Intifada counterproductive to Palestinian interests.
    According to the PA Ministry of Health, the Palestine Red Crescent 
Society, and B'tselem, at least 800 Palestinians were killed during the 
course of Israeli military and police operations during the year. The 
PA Ministry of Health estimated that approximately half of those killed 
were noncombatants. B'tselem reported a figure of 452 innocent 
Palestinians killed this year. The IDF stated that the majority of 
Palestinians killed were armed fighters or persons engaged in planning 
or carrying out violence against Israeli civilian and military targets. 
According to the PRCS, IDF operations resulted in injuries to 
approximately 4,000 Palestinians.
    The IDF conducted numerous military incursions into Palestinian 
population centers, in response to Palestinian mortar and antitank 
fire. These actions often resulted in civilian casualties. Israeli 
forces fired tank shells, heavy machine-gun rounds, and rockets from 
aircraft at targets in residential and business neighborhoods where 
Palestinian gunfire was believed to have originated. Palestinians often 
used civilian homes to fire upon Israeli forces and booby-trapped 
civilian homes and apartment buildings. In response to these actions, 
the IDF usually raided, and often leveled, these buildings.
    During an IDF incursion into two refugee camps in the northern Gaza 
Strip on March 7, Israeli forces killed 10 Palestinian militants and 4 
civilians, including 3 children, during fighting throughout the day.
    On May 17, Israel launched ``Operation Rainbow'' in Rafah in the 
Gaza Strip. According to the IDF, the operation was designed to destroy 
tunnels used for smuggling weapons into the Gaza Strip from Egypt. Over 
40 Palestinians were killed during the operation, including civilians. 
(see Section 1.f. regarding housing destroyed in this operation.) Human 
Rights Watch (HRW) also reported that the IDF actions destroyed over 50 
percent of Rafah's roads and elements of its water, sewage, and 
electrical systems.
    On May 18 in Rafah, two Palestinian children, 16-year-old Asma al-
Mughayr and her 13-year-old brother, were shot in the head on the roof-
terrace of their home while performing household chores. AI concluded 
that IDF snipers killed both; Israeli army officials suggested that 
they were killed by an explosive device set by Palestinians. At year's 
end, there was no information on any further official investigation.
    On July 6, IDF forces killed Dr. Khaled Salah, a Palestinian 
engineering professor at al-Najah University, and his teen-age son 
during a raid on their apartment building. IDF soldiers were seeking 
Palestinian militants in the building and, in the exchange of gunfire, 
also killed Salah and his son.
    On September 7, a girl sitting in a U.N.-flagged school was struck 
in the head by gunfire from an Israeli position in Gaza. At year's end, 
an IDF investigation was ongoing into the circumstances of the 
shooting.
    On September 19 in Nablus, during an exchange of gunfire between 
the IDF and militants, an 11-year-old Palestinian girl was shot and 
killed while standing in the doorway of her house. Palestinians claimed 
the IDF killed the girl, but the IDF stated that a preliminary 
investigation found that no IDF gunfire had been directed at the girl.
    On September 28, the IDF launched ``Operation Days of Penitence'' 
into the northern Gaza Strip in response to continued Qassam rocket 
fire into Israel that killed two Israeli children in the town of 
Sderot. The IDF attacked targets in Bayt Hanun and Jabaliyah refugee 
camp using tanks and helicopters during the 17-day operation. Human 
rights groups claimed that IDF security forces killed as many as 130 
Palestinians and wounded over 430 during the operation, although the 
U.N. put the number of those killed at 107. According to B'tselem, 
among the Palestinians killed were approximately 50 civilians, 
including at least 26 Palestinians under the age of 18. The IDF 
estimated that 19 civilians were killed.
    On October 5, IDF soldiers shot and killed Imam al-Hams, a 13-year-
old Palestinian schoolgirl, as she approached an IDF outpost in the 
southern Gaza Strip. The girl approached the outpost carrying a bag 
that troops suspected contained explosives, but which later turned out 
to contain only schoolbooks. After the girl had been shot from a 
distance, the IDF company commander repeatedly fired his automatic 
weapon into her at close range. On November 22, after investigation 
including statements by soldiers under his command, an IDF military 
court indicted the company commander on two counts of illegal use of 
weapons, obstructing justice, unbecoming behavior, and improper use of 
authority. At year's end, the court martial remained ongoing.
    On October 7, IDF tank fire killed two boys 12 and 15 years of age 
while they were standing near their school.
    On October 8, a 10-year-old Palestinian girl was shot and killed by 
IDF gunfire in Bayt Hanun in the northern Gaza Strip as she stood on 
the street in front of her house.
    On October 12, Israeli military forces shot and killed an 11-year-
old, Ghadir Mokheimer, as she stood outside her school in Khan Yunis 
refugee camp in Gaza. The IDF claimed that they returned fire after 
coming under rocket attack from militants using the school as cover.
    On October 4, the IDF severely damaged the Gaza City wastewater 
treatment plant resulting in $200,000 (872,000 NIS) worth of damage to 
the USAID-funded parts of the plant. An investigation is being 
conducted into the incident; however, the IDF stated that the plant was 
not intentionally targeted. According to USAID, the total repair and 
replacement costs for damage during the year to USAID-funded projects 
are estimated at $450,000 (1.93 million NIS).
    On November 5, Israeli media reported that an IDF tank round killed 
two Palestinian children, ages 8 and 10 years old, when tank fire hit 
their home in the al-Qarrara district of Khan Yunis.
    On November 6, a 13-year-old Palestinian boy was shot and killed by 
IDF forces in Jenin. The IDF said the boy had thrown a firebomb at IDF 
soldiers.
    On November 18, IDF tank fire killed three Egyptian policemen at 
the border near Rafah. Reportedly, the IDF believed the police were 
Palestinians attempting to plant explosives. Subsequently, the 
Government apologized for the killings.
    IDF soldiers reportedly fired without warning on trespassers in or 
near restricted areas.
    On September 28, Israeli forces killed a mentally ill Palestinian 
man when he climbed a fence near an army outpost in Jenin. On another 
occasion in the Gaza Strip, Palestinian youths were killed when they 
approached the security fence. Soldiers said the boys were providing 
intelligence to militants; Palestinians maintained that the boys were 
hunting birds.
    During the year, according to Palestinian security and media 
reports, the IDF targeted for killing at least 25 Palestinians 
suspected of involvement in terrorism. IDF forces killed at least 18 
bystanders--4 of whom were civilians and many of the remaining were 
affiliated with terrorist organizations and injured a number of others.
    On March 22, rockets from Israeli helicopters killed Sheikh Ahmad 
Yassin, the founder of the Islamic Resistance Movement (HAMAS), as he 
was leaving a mosque in the Gaza Strip. Two bodyguards and one of 
Yassin's sons-in-law also died in the attack, along with eight 
worshippers from the mosque. Fifteen bystanders were injured.
    On April 17, rockets from Israeli helicopters killed 'Abd al-Azziz 
al-Rantisi, a co-founder of Hamas and Yassin's replacement as its 
leader. Rantisi's bodyguards were killed during the attack. Eighteen 
other persons were wounded.
    On October 21, Israeli aircraft fired two missiles at a car killing 
Adnan al-Ghoul, a senior Hamas commander, and his assistant. Eight 
bystanders also were slightly wounded.
    Israeli security personnel operating checkpoints killed a number of 
Palestinians.
    There were no developments in the investigation into the 
circumstances surrounding the July 2003 death of 3-year-old Palestinian 
Mahmud Jawadat Sharif Kabaha, who was shot while sitting in his 
parents' car at the Barta'a checkpoint west of Jenin (see Sections 1.a. 
and 1.c.).
    During the year, Israeli forces delayed the movement of, and 
occasionally fired upon, medical personnel and ambulances. Israel has 
presented video evidence of armed Palestinians running from a building 
and entering an ambulance and of an ambulance crew that picked up an 
injured Palestinian, retrieved his weapon, and put it inside the 
ambulance before driving away. The U.N. maintained that the ambulance 
crews acted under duress. The Israeli Government acknowledged that an 
accusation that an ambulance crew had transported a Qassam rocket was 
in error.
    On January 11, according to PRCS allegations, Israeli soldiers 
manning a checkpoint in the West Bank beat an ambulance driver and 
medic as they transferred patients from Nablus to Ramallah hospital.
    On June 13, according to PRCS, an ambulance attempted to evacuate 
protesters injured during an antiseparation barrier demonstration. 
Israeli security personnel allegedly fired gunshots and tear gas at the 
ambulance.
    The IDF abuse of Palestinians or their vehicles at checkpoints 
continued, but at a more reduced level than during 2002-03. Qahira 
Muhsen, age 41, from the village of al-Funduq, alleged that four 
Israeli Border Police in the vicinity of the Jajuliya checkpoint 
punched, kicked, and cursed him.
    In April, a young Palestinian woman from Bethlehem told Machsom 
Watch, an Israeli women's rights organization, that she witnessed IDF 
soldiers at the ``Container'' checkpoint, southeast of Jerusalem, hit 
her father with truncheons as he sat in his car as well as abusing 
other drivers.
    Palestinians frequently threw stones, Molotov cocktails, and on 
occasion fired live ammunition at Israeli security forces. Israeli 
security forces on various occasions responded with tear gas, rubber 
bullets, and live fire, including tank fire.
    On May 19, at least 10 Palestinians were killed and more than 50 
wounded when tank shells exploded near demonstrators in the Rafah 
refugee camp. IDF officials claimed that the tank had fired warning 
shots, and denied firing into the crowd. The IDF claimed that gunmen 
were in the crowd. This claim was disputed by Palestinians, and there 
was no evidence to substantiate the IDF charge. The IDF released a 
statement that expressed deep sorrow and regret over the loss of 
civilian lives.
    On November 15, according to witnesses, Israeli border police 
entered Saint Vincent's Monastery in Bethany and seriously wounded an 
unarmed 15-year-old boy when his group, holding a mourning 
demonstration for Arafat, did not disperse as police requested.
    Israeli forces used Palestinians as ``human shields'' in violation 
of applicable Israeli law. In 2002, the Israeli High Court of Justice 
granted an injunction against the use of Palestinians as ``shields'' 
for Israeli forces. The IDF admitted violations 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, IDF 
soldiers were permitted to seek consensual assistance of civilians in 
operations. Human rights groups asserted that Palestinians who 
consented often did so out of fear even if they were not coerced. Such 
Palestinians face the risk of being branded as collaborators.
    On January 12, IDF soldiers used Ahamd Assaf to enter and search 
homes in the Tulkarm refugee camp and fired gunshots into the homes as 
Assaf searched them. Another Tulkarm refugee camp resident, Ahmad 
Ganem, claimed that Israeli soldiers made him search homes in the camp.
    In April, Adalah, an Israeli-Arab human rights organization, asked 
the Israeli High Court to issue an injunction against the IDF seeking 
the assistance of Palestinians, without exception. On September 5, the 
President of the Court urged the IDF to forego use of the procedure, 
citing the Fourth Geneva Convention. The High Court announced that it 
would give its decision at a later date.
    According to B'tselem, there have been 90 Military Police 
investigations since September 2000 relating to Palestinians killed and 
injured during the Intifada, resulting in the filing of 29 indictments. 
B'tselem reported that one soldier was convicted for causing the death 
of a Palestinian.
    B'tselem and the Association for Civil Rights in Israel (ACRI) 
petitioned the High Court in September 2003 to open military 
investigations into all cases where IDF soldiers killed Palestinians 
who had not engaged in hostilities. At year's end, the High Court had 
not ruled on the petition.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--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. PA security services banned publications or broadcasts and 
periodically harassed or detained members of the media. Palestinian 
commentators and human rights groups stated that, as a result, 
journalists practiced self-censorship. In addition, armed extremist 
groups attacked journalists.
    There were three Palestinian dailies and several Palestinian weekly 
newspapers. There also were several monthly magazines and three 
tabloids. The PA operated two television stations and one radio 
station. There were approximately 30 independently owned television 
stations and approximately 9 radio stations. According to an October 
study published by the Palestinian Central Bureau of Statistics, 
approximately 33 percent of Palestinians in the occupied territories 
had access to the Internet.
    The Israeli occupation authorities limited speech. In East 
Jerusalem, the display of Palestinian political symbols, such as flags, 
national colors, and graffiti, was prohibited and punishable by fines 
or imprisonment, as were public expressions of anti-Israeli sentiment 
and of support for Islamic extremist groups. Israeli authorities 
censored press coverage of the Intifada and reviewed Arabic 
publications for material related to public order and security issues. 
Closures and curfews limited the ability of Palestinian journalists to 
do their jobs.
    On January 8, journalist Saifeddin Shahin was beaten by five armed 
men after his car was stopped. The attackers claimed to be from the 
Fatah movement and threatened reprisals if he continued to write about 
Fatah. PA police arrested one of the attackers; however, at year's end, 
there had been no further legal action.
    On March 22, Mohammad Abu Halima, a correspondent for the al-Najah 
University-affiliated radio station, was killed by IDF gunfire as he 
reported on clashes in the Balata refugee camp in Nablus, according to 
the Committee to Protect Journalists. An IDF spokesperson said that Abu 
Halima had opened fire. At year's end, there was no report of any 
Israeli investigation of the circumstances of the killing.
    During the year, Israeli gunfire killed a journalist, and at least 
11 other journalists sustained injuries during clashes between IDF 
soldiers and Palestinians in the occupied territories. Israeli soldiers 
beat journalists on several occasions, detained others, and confiscated 
their press cards.
    On September 27, Riad Ali, a Cable News Network journalist, was 
abducted by a group of armed Palestinian men. Ali, an Israeli citizen 
from the Druze community, was released 36 hours after his abduction. 
There were no claims of responsibility for the kidnapping.
    In March 2003, PA police in Gaza City shut the Palestinian 
newspaper, al-Risalah, a weekly publication of the Islamic National 
Salvation Party (Khalas). The paper returned to publication during the 
year.
    On April 2, Ammar Awad was covering clashes between Israeli police 
and Palestinian demonstrators in Jerusalem. The policemen destroyed the 
journalist's cameras.
    On April 24, an IDF soldier shot journalist Ali Samoudi in the nose 
as he was covering an Israeli army incursion into Jenin. Samoudi, who 
was wearing a ``press'' sign, alleged that the soldier intentionally 
fired at him.
    James Miller was killed by the IDF in May 2003 while filming a 
documentary in Gaza City. After repeated requests from his family and 
from foreign diplomatic representatives, the IDF Military Attorney 
General (MAG) ordered an investigation into the incident. At year's 
end, the NGO B'tselem had no information regarding the status of the 
investigation.
    In April 2003, an IDF soldier killed Nazeeh Darwaza while he was 
filming a wounded child during an IDF incursion in Nablus. On June 16, 
B'tselem was informed that the MAG was investigating the case. At 
year's end, there was no further information.
    On December 27, Israeli police detained PA presidential candidate 
Mustafa Barghuti for several hours after he attempted to campaign in 
Jerusalem. Barghuti lacked a permit to enter Jerusalem (see Sections 
2.d. and 3).
    The PA had authority over all levels of education. During the year, 
the PA did not interfere with education, but academic institutions were 
adversely affected by the violence.
    On November 27, Yaser al-Madhoun, a Palestinian professor at al-
Azhar University in Gaza City, was killed when a remote control bomb 
exploded in his office; another Palestinian was injured. At year's end, 
PA police continued the investigation.
    Israeli closures, curfews and the separation barrier restricted 
access to Palestinian academic institutions. In some instances, Israeli 
authorities shut universities entirely. Israeli shelling and gunfire 
during military operations damaged a number of schools and, in some 
cases, killed schoolchildren (see Section 1.g.).
    In 2003, Israeli authorities closed the Hebron University and the 
Hebron Polytechnic School, which served 5,000 students. The schools 
reopened during the year.
    According to UNICEF, years of conflict damaged 300 schools and, in 
2003, 580 schools were periodically forced to close.
    The PA Ministry of Education claimed that, since 2001, the IDF had 
converted three schools in Hebron into military barracks.
    Physical damage to schools and universities was calculated at more 
than $10 million (43 million NIS).

    b. Freedom of Peaceful Assembly and Association.--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 specific meeting halls and for buses to transport 
passengers to attend political meetings. The PA prohibited calls for 
violence, displays of arms, and racist slogans, although these 
provisions were rarely enforced. The PA placed some limits on freedom 
of association; however, charitable, community, professional, and self-
help organizations were able to operate.
    Israeli military orders banned public gatherings of 10 or more 
persons without a permit; however, Palestinians were able to ignore 
this order without punishment.
    Israeli security forces used force against Palestinians involved in 
demonstrations (see Section 1.c.). The Israeli and Palestinian 
authorities disputed whether Palestinians attacked security forces 
during such demonstrations. In 2001, the IDF authorized the use of 
gunfire in some rock-throwing situations.
    On February 26, Israeli security forces used tear gas, rubber 
bullets, and live ammunition, reportedly after demonstrators began 
throwing stones at Israeli forces during an antiseparation barrier 
demonstration Biddu village. Two persons were killed and approximately 
70 persons sustained injuries.
    Orient House, the preeminent Palestinian political institution in 
Jerusalem, was shut by Israeli forces in 2001 and remained closed 
throughout the year. In 2002-03, Israel closed the Arab Graduates Club, 
frequented by Fatah activists, the Multi-Sectoral Review Project, the 
Land Research Center, the East Jerusalem offices of the Federation of 
Palestinian Chambers of Commerce, and the Jerusalem Cultural 
Association and the Union of Sports Clubs. Israeli authorities claimed 
that these institutions were operating under PA supervision in 
violation of signed agreements. At year's end, these organizations 
remained closed.

    c. Freedom of Religion.--The PA has no law that specifically 
protects religious freedom, but religious freedom was respected in 
practice. Islam is the official religion of the PA. Religion must be 
declared on identification papers, and personal status legal matters 
must be handled in ecclesiastical courts. The PA's Ministry of Waqf and 
Religious Affairs paid for the construction and maintenance of mosques 
and the salaries of imams. Christian clergymen and charitable 
organizations received limited financial support. The PA did not 
provide financial support to any Jewish institutions or holy sites in 
the occupied territories; these areas were generally under Israeli 
control. During the year, there were no reports of violence against or 
vandalism of Jewish institutions in the occupied territories.
    The PA required that religion be taught in PA schools. The PA 
provided separate religious instruction for Muslim and Christian 
students.
    Media frequently published and broadcast material about the 
occupation that included anti-Semitic content. The rhetoric used by 
Palestinian terrorist groups included expressions of anti-Semitism. 
Muslim religious leaders and the PA television station engaged in 
expressions of anti-Semitism. On the positive side, in a December 3 
sermon broadcast on PA Television, preacher Muhammad Jammal Abu Hunud 
called for the development of a modern Islamic discourse, to recognize 
the ``other,'' to treat him with tolerance, and to avoid extremism and 
violence.
    Israeli authorities generally respected religious freedom and 
permitted all faiths to operate schools and institutions. However, 
internal and external closures prevented tens of thousands of 
Palestinians from reaching their places of worship in Jerusalem and the 
West Bank, including during religious holidays. Citing security 
reasons, Israel prevented most male Muslim worshippers under the age of 
45 from attending Friday prayers inside the Haram al-Sharif/Temple 
Mount, the third holiest site in Islam and the holiest site in Judaism. 
Most West Bank residents and virtually all Gaza residents were 
restricted from entering Jerusalem during Ramadan.
    In August 2003, Israeli police began escorting tourists to the 
Haram al-Sharif/Temple Mount to reassert the right of non-Muslims to 
visit the shrine.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Occupied Territories, Foreign 
Travel, Emigration, and Repatriation.--The PA generally did not 
restrict freedom of movement. The Israeli occupation authorities, 
citing military necessity, often tightly restricted the movement of 
Palestinians in response to changing security conditions.
    During periods of unrest (in the aftermath of terrorist attacks or 
during military exercises), travel between some or all towns within the 
territories was prohibited. Such ``internal closures'' were 
supplemented, during periods of potential unrest and during major 
Israeli and Muslim holidays, by ``comprehensive, external closures,'' 
which precluded Palestinians from leaving the territories. During the 
year, there were no extended blanket closures, although several Gaza 
crossing points were simultaneously closed for extended periods, 
completely closing off the Gaza Strip. Since 1993, Palestinians were 
able to enter East Jerusalem only with a travel permit issued by 
Israeli authorities. The Israeli authorities also imposed curfews in 
some areas, which confined Palestinians to their homes for all but a 
few hours per week. During the year, there were fewer curfews than in 
2003.
    The PA issued passports for Palestinian residents of the West Bank 
and Gaza. Because there are no commercial flights from the territories, 
travelers must depart via land crossings into Israel, Jordan or Egypt. 
Even prior to the Intifada, it was difficult for Palestinians to obtain 
permits to visit Israel. While transit passes for travelers using Ben 
Gurion airport exist, they are not widely available. Vehicles 
originating in the territories are often not permitted entry into 
Israel or Jerusalem. Palestinians were prohibited from using the Sheikh 
Hussein or Arava crossings. As a result, most Palestinians traveling 
abroad could exit and enter only via the Allenby Bridge or Rafah 
crossing points.
    Between April 16 and September 18, the IDF prevented Palestinian 
males between the ages of 16 and 35 from exiting Gaza through the Rafah 
terminal. On July 18 the terminal was closed completely, leaving 
approximately 2,500 Palestinians on the Egyptian side for more than 2 
weeks. The IDF was searching for a tunnel in the vicinity, but failed 
to locate it. On December 12, a terrorist attack extensively damaged 
the terminal and killed five Israeli soldiers. At year's end, the 
terminal remained closed.
    Palestinians with Jerusalem identification cards, issued by the 
Israeli Government, needed special documents to travel abroad. 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. Bridge-crossing permits 
to Jordan were available at post offices without a screening process.
    The external and internal closures contributed to increased 
unemployment and poverty in the occupied territories. Approximately 
146,000 West Bank and Gaza workers, representing roughly 25 percent of 
the Palestinian work force, depended on day jobs in Israel, Israeli 
settlements, and Jerusalem. The closures impeded Palestinians from 
reaching jobs or markets in the occupied territories and disrupted 
internal and external trade. The unemployment rate was estimated at 31 
percent at year's end. The economic dependency ratio (total population 
divided by employed persons) increased during the year. The percentage 
of employees whose monthly wages fell below the poverty line increased 
from 43.5 percent in the third quarter 2000 to 56.8 percent at year's 
end.
    For the approximately 200,000 Palestinians who lived in rural 
villages without the full range of urban services--such as medical 
care, education, or potable water--the closures were a particular 
hardship.
    Apart from closures, delays at checkpoints and roadblocks affected 
all aspects of life, particularly emergency health care. According to 
OCHA, in the West Bank there were 61 fully manned checkpoints, 6 
occasionally manned checkpoints, 374 earthen mounds blocking roads, 102 
cement roadblocks, 48 road gates, and 51 gates along the separation 
barrier. The Israeli authorities' figures show 47 checkpoints and 130 
roadblocks in the West Bank as of December. (OCHA and Israeli 
Government statistics are based on different methodology.) Although 
ambulance response times improved during the year as the Israeli 
authorities provided additional permits, many problems remained, 
including difficulties for ambulances attempting to reach villages in 
remote areas of the West Bank.
    In January, villagers from Jayyus were unable to exit the village 
to tend fields or graze sheep.
    On March 10, the IDF delayed a car containing an ill 10-month-old 
for 3 hours at a roadblock near Khan Yunis in the Gaza Strip. The baby 
died.
    On April 30, Mohammad Dagaghmah, a shepherd from Hebron who claimed 
to have a valid permit, was not permitted to pass a checkpoint for 2 
days, although his sheep were allowed to pass.
    According to B'tselem, on June 15, taxi driver Fuad al-Jaiyusi 
reported that IDF soldiers refused to let him and four other drivers 
cross the Jit checkpoint, contending that al-Jaiyusi did not have the 
proper permit, and impounded his vehicle for 4 days.
    On July 10, Israeli soldiers delayed at the Allenby Bridge gates 
for approximately 2 hours a PRCS ambulance carrying a cancer patient in 
critical condition to a local Palestinian hospital. During a search of 
the ambulance by Israeli security personnel, the patient's condition 
deteriorated, but PRCS medics were not permitted to intervene. The 
patient was dead on arrival.
    On July 20, Abdel Latif Emlaitat died of a heart attack at a 
roadblock near the village of Bayt Furik. According to his family, 
Emlaitat suffered severe chest pain and was trying to reach the 
hospital in Nablus. Israeli soldiers stopped the car when it attempted 
to leave the village for approximately 2 hours.
    On December 23, at the Erez Crossing into Israel from Gaza city, 
only 5 of 25 medical cases that had permits to enter were allowed to 
cross into Israel. Those unable to enter were directed to leave and 
reapply to enter on another day.
    The Israeli Government continued construction of a security barrier 
along parts of the Green Line (the 1949 Armistice line) and in the West 
Bank. The PA alleged that the routing of the barrier resulted in the 
taking of land, isolating residents from hospitals, schools, social 
services, and agricultural property. Israel asserts that it has sought 
to build the barrier on public lands where possible, and where private 
land was used, provided opportunities for compensation. Palestinians 
filed a number of cases with the Israeli Supreme Court challenging the 
routing of the barrier. In June, the Court ruled that a section of the 
barrier must be rerouted; determining that the injury caused by the 
routing of the barrier did not stand in proper proportion to the 
security benefits; various portions of the barrier route were rerouted. 
On July 9, the International Court of Justice issued an advisory 
opinion, concluding that ``The construction of the wall built by 
Israel, the occupying Power, in the Occupied Palestinian Territory, 
including in and around East Jerusalem and its associated regime, are 
contrary to international law.''
    At the end of the year, the barrier divided approximately 157,800 
acres with a population of 93,200 from the rest of the West Bank. 
According to OCHA, Palestinians have been impeded from reaching their 
land to harvest crops and graze animals. Residents' access to schools, 
medical care and other services was also impeded. In October 2003, 
Israeli military orders required Palestinians residing in ``seam 
zones'' between the separation barrier and the Green Line 
(approximately 5,000 of the 93,200 mentioned above) to obtain residency 
permits to remain in these areas.
    Israel offered East Jerusalem residents citizenship following 
Israel's occupation of Jerusalem in 1967. Most have chosen not to 
accept Israeli citizenship, but instead have sought a residence permit 
or Jerusalem identification card. Under the 1952 Law of Permanent 
Residency, such residents risk loss of status if their ties with 
Jerusalem lapse, although human rights groups report that such 
revocations have been infrequent. On July 8, an Israeli ministerial 
committee reportedly adopted an unpublished resolution calling for the 
application of the 1950 Absentee Property Law to East Jerusalem; 
however, the resolution does not appear to have been acted upon or 
implemented by year's end.
    Residency restrictions affected family reunification. Palestinians 
who were abroad during the 1967 War, or who subsequently lost their 
residence permits, were not permitted to reside permanently with their 
families in the occupied territories. Foreign-born spouses and children 
of Palestinian residents experienced difficulty in obtaining residency. 
Palestinian spouses of Jerusalem residents must obtain a permit to 
reside there. Palestinians reported delays of several years or more 
before spouses were granted residency permits. The Government of Israel 
occasionally issued limited-duration permits, but renewing the permits 
could take up to 8 months, which resulted in many Palestinians falling 
out of status. Palestinians also reported extensive delays in 
registering newborn children with Israeli authorities.
    Neither the Israeli Government nor the PA used forced exile or 
forcibly deported anyone from the occupied territories during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Following the death of PA Chairman Yasir Arafat on November 11, an 
election for PA president was scheduled for January 9, 2005. Seven 
candidates competed in a vigorous election campaign throughout the 
occupied territories. The Government of Israel and the PA agreed to 
follow the 1996 parameters for voting in East Jerusalem.
    On December 23, the PA held municipal elections in 26 West Bank 
localities for the first time since 1976. Further elections were 
scheduled for Gaza on January 27, 2005, and for other municipalities in 
the spring and summer of 2005. Domestic and international election 
observers found the December 23 elections met democratic standards, 
while noting several technical and procedural problems.
    The 88-member Palestinian Legislative Council (PLC) and Chairman of 
the Executive Authority were elected in 1996 in a process that 
international observers concluded generally met democratic standards, 
despite some irregularities.
    On September 27, the Palestinian cabinet adopted a 1-year reform 
action plan, approved by the council, that was designed to create a 
more equal balance of power between the executive and the council and 
more accountability and transparency in governance.
    In September and October, the independent Central Elections 
Commission conducted voter registration. The registration process went 
smoothly except in East Jerusalem, where Israeli police closed 
registration centers, and in some parts of Gaza, where IDF operations 
disrupted the process. The register was used in the December 23 
municipal elections and will be used in elections scheduled for 2005. 
Following the closure of registration centers in East Jerusalem, very 
few Palestinian residents of the city attempted to register elsewhere, 
though they were eligible to do so.
    While Palestinians with residency permits were eligible to vote in 
Jerusalem municipal elections, most did not recognize the jurisdiction 
of the Israeli municipality of Jerusalem and did not participate. There 
were no Palestinian residents of Jerusalem on the city council.
    There was a widespread public perception of corruption within the 
PA, notably within the security forces. There were calls for reform 
from many social and political elements, especially during the summer.
    The law requires official PA institutions to ``facilitate'' the 
acquisition of requested documents or information to any Palestinian; 
however, the law does not require any PA agency to provide such 
information. Many Palestinians cited the law when seeking to acquire 
information from the PA; however, no cases have come before the PA 
courts. NGOs were seeking to amend the law to make it mandatory to 
provide information to Palestinians.
    During the year, there were 5 women on the 88-member Council, and 2 
women served in Ministerial-level positions.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Local Palestinian human rights groups and several international 
organizations monitored the PA's human rights practices. By the end of 
2003, the PA had issued registration certificates for 150 of the 
approximately 350 new and existing NGOs that submitted applications 
under the 2000 NGO law. During the year, an additional 74 such 
certificates were granted; others still were being processed at year's 
end.
    PA officials usually met with NGO representatives. Public criticism 
from these groups has been somewhat less forthcoming since the outbreak 
of the Intifada, with several NGOs voluntarily deciding to defer 
criticism of the PA's human rights performance. Observers noted that 
documentation of abuses was very limited.
    On March 2, Khalil al-Zaban, a journalist and advisor to PA 
Chairman Arafat on human rights and the media, was shot and killed in 
Gaza City. Al-Zaban headed the PA's government-appointed NGO Council 
and published its monthly newsletter. Al-Zaban was noted both for open 
criticism of Islamic militancy and aggressive attacks on those critical 
of the PA, particularly on human rights. At year's end, neither the 
perpetrators nor their motives had been identified.
    Some PA security organizations, including the General Intelligence 
Service 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 and human rights groups, such as the Palestinian 
Independent Commission for Citizens' Rights and the Mandela Institute, 
regularly visited PA prisons and detention centers. During the year, 
some groups 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 than to queries on other 
detainees (see Sections 1.c. and 1.d.).
    Israeli, Palestinian, and international humanitarian and human 
rights NGOs monitored the Israeli Government's practices in the 
occupied territories. The Israeli Government permitted human rights 
groups to publish and hold press conferences, and provided the ICRC and 
other groups with access to detainees (see Section 1.c.). Some of these 
organizations were critical of the Israeli Government's practices and 
cooperation. In many cases, human rights groups refused to apply to 
Israeli authorities for special travel permits in order to protest 
Israel's regulation of their activities. During the year, human rights 
groups reported that Israeli closures impeded and, at times, completely 
prevented their work.
    On January 13, Thomas Hurndall, 22, a British activist with the 
International Solidarity Movement, died as a result of injuries 
sustained in April 2003 when an IDF soldier shot him as he attempted to 
move Palestinian children to safety during clashes in Rafah. At year's 
end, the court-martial of the IDF soldier charged with manslaughter was 
still pending.
    In May 2003, Israel began requiring foreigners entering the Gaza 
Strip to sign a waiver providing that ``the Government of the State of 
Israel and its organs cannot be held responsible for death, injury and/
or damage/loss of property which may be incurred as a result of 
military activity.''
    In May 2003, then-Israeli Minister of Foreign Affairs Silvan Shalom 
said, ``Most human rights offices in the West Bank and Gaza Strip 
provide shelter for Palestinian terrorists.''
    In September, a settler confronted two members of the Temporary 
International Presence in Hebron (TIPH), an NGO that monitored 
relations between Israeli and Palestinian security forces, Palestinian 
civilians, and settlers in the city, and attempted to run over one of 
the TIPH staff. IDF soldiers refused to intervene, allegedly told the 
TIPH members to leave, and blamed them for the incident.
    On September 29, unidentified assailants suspected of belonging to 
the Maon settlement in the South Hebron Hills attacked and robbed two 
U.S. citizen members of the Christian Peacemakers Teams (CPT) as they 
escorted Palestinian children to school. One sustained internal 
injuries, including a punctured lung, and the other a broken arm. 
Settler officials denied any knowledge of the attack. At year's end, 
the assailants had not been apprehended.
    On October 9, members of the CPT, AI, and an Italian NGO 
(``Operation Dove'') were escorting Palestinian children from the 
village of Tuwani to a school in the village of Tabban southeast of 
Hebron. As they were walking by the settlement of Maon, settlers 
wearing masks and shouting obscenities in Hebrew attacked the escorts 
with baseball bats, seriously injuring an Italian volunteer. At year's 
end, the assailants had not been apprehended.
    The U.N. Relief and Works Agency (UNRWA) and other groups reported 
continued delays in transporting goods to Palestinian refugees in the 
occupied territories. During Operation Days of Penitence in September 
and October, the IDF restricted entrance into the Gaza Strip, 
preventing humanitarian agencies such as UNRWA from delivering food and 
providing assistance.
    In October, UNRWA claimed that 24 of its staffers were detained by 
the IDF and that it was not notified. An Israeli official stated the 
number detained was not 24, but said that other UNRWA staff members 
were under indictment.
    Physicians for Human Rights, which offered weekly ``mobile 
clinics'' in Palestinian villages, has been denied access to Gaza for 3 
years and has only limited access to the West Bank.
    On March 16, 2003, an Israeli bulldozer clearing land in Rafah in 
the Gaza Strip crushed and killed Rachel Corrie, 23, a U.S. citizen 
peace activist. Corrie was standing in front of the bulldozer and was 
wearing a reflective vest. Eyewitness demonstrators stated that they 
believe the driver knew Corrie was in front of the bulldozer as he 
proceeded forward. IDF investigations concluded that the operator was 
not negligent. U.S. officials who have seen the IDF report found 
inconsistencies among the statements of the people involved in the 
accident and other witnesses. The Corrie family believes that the 
investigation was not thorough, credible, and transparent and continued 
to pursue the case. In conjunction with the report of the IDF Judge 
Advocate General, the IDF implemented two remedial procedures for 
improved safety: The presence of more senior officers to oversee such 
operations and the designation of closed military zones with orders 
forbidding the presence of civilians in areas when IDF military 
operations are concluded.
    On April 7, 2003, gunfire from an undetermined source struck 24-
year-old U.S. citizen Brian Avery in Jenin. The IDF denied 
responsibility for the incident. Avery, an activist with the 
International Solidarity Movement, was walking outside during curfew in 
the city when an IDF armored personnel carrier approached him. Avery 
was shot in the face and required considerable surgery and extended 
hospitalization. In December, a lawyer petitioned the Supreme Court to 
require Israel military authorities to investigate his shooting. 
According to B'tselem, the IDF had reportedly conducted an internal 
investigation and concluded that it was impossible to determine whether 
Avery was hit by IDF or Palestinian gunfire. At year's end, the Israeli 
High Court had not delivered its decision in the case.
    On December 26, 2003, Israeli security forces fired at 
demonstrators attempting to penetrate the separation barrier built near 
the town of Qalqilya. The gunfire wounded a 25-year-old U.S. citizen 
and seriously wounded Israeli citizen Gil Na'amati in both legs. The 
IDF internal inquiry concluded that the soldiers involved had not 
violated the open-fire regulations. On November 27, the Military 
Attorney General (MAG) decided that no criminal charges would be 
brought. However, the MAG recommended a reprimand for the regional 
brigade commander and further recommended that the commander of the 
Engineers Corps unit that was involved, his second in command, and two 
other soldiers be brought to a disciplinary hearing.
    At year's end, the Government of Israel continued to withhold 
information regarding the documents and property taken during the 2001 
seizure of Orient House (see Section 2.b.).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons

    Women.--PA law does not explicitly prohibit domestic violence, but 
assault and battery are crimes. There were reports indicating that 
Palestinian domestic violence increased since 2000.
    So-called honor crimes occurred infrequently, according to human 
rights groups. Public discussion of the issue gained greater attention 
due to a significant effort by Palestinian women's groups. The crimes 
almost exclusively involved alleged sexual interactions of female 
family members with men who were not their husbands. Women's shelters 
were not accepted culturally. There was no reliable data on the 
incidence of violence against women.
    Rape is illegal, but spousal rape is not.
    Palestinian women endured social prejudice and repression. Some 
girls, especially in rural areas, did not finish mandatory schooling 
because prospective husbands did not approve. Education and cultural 
restrictions occasionally prevented women from attending college. 
Muslim and Christian women who married outside of their faith often 
were disowned and sometimes harassed. Local officials sometimes advised 
such women to leave their communities to protect themselves.
    Before 2000, a growing number of women worked outside the home, 
where they often encountered discrimination and, occasionally, sexual 
harassment. There were no special laws on women's rights in the 
workplace. Women were underrepresented in most aspects of professional 
life, although a small group of women were prominent in politics, 
medicine, law, teaching, and NGOs.
    For Muslims, personal status law is derived from Shari'a (Islamic 
law). Ecclesiastical courts rule on personal status issues for 
Christians. Shari'a pertaining to women is part of the Jordanian Status 
Law of 1976, which includes inheritance and marriage laws. Women in 
most cases are not entitled to inheritance. Men may take more than one 
wife, although few did so. Women may make ``stipulations'' in the 
marriage contract to protect them in the event of divorce and on 
questions of child custody; however, only an estimated 1 percent of 
women took advantage of this provision. Ecclesiastical courts also 
often favored men over women in divorce and child custody cases.

    Children.--The PA provides for compulsory education through the 
ninth grade. However, girls who married before the ninth grade left at 
the behest of husbands and, in rural areas and refugee camps, boys left 
school to help support their families.
    Internal closures, checkpoints, and the separation barrier 
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. UNRWA reported 
that more than 35,000 teacher workdays were lost in the 2002-03 
academic year. Enrollment of students from Gaza at Birzeit University 
in the West Bank declined from 370 in 2000 to 39 at year's end.
    Education and health care professionals judged that the violence 
produced lack of focus, nightmares, incontinence, and other behavioral 
problems. UNRWA reported that elementary school exam pass rates in 
Arabic, mathematics, and science declined dramatically between 2000-01 
and 2003-04.
    OCHA reported that during the past 3 years, Palestinian 
universities lost approximately $4.85 million (20.8 million NIS) worth 
of infrastructure. During the year, university dropout rates increased 
by 7 percent, in part, because families were unable to pay the fees.
    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. The latest available figures showed a slight 
improvement in nutrition levels from 2003. In 2003, 3.4 percent of 
Palestinian children suffered from acute malnutrition and 10.7 percent 
suffered from chronic malnutrition. The prevalence of anemia varied 
between the West Bank (17.4 percent) and the Gaza Strip (31.2 percent).
    Child abuse was not a widespread problem. The law does not 
explicitly prohibit child abuse, but does sanction parents who failed 
to protect children from abuse. PA courts may protect children in 
``difficult situations,'' including cases of neglect or abuse. The 
Ministry of Social Affairs may ask a court to intervene to place a 
child in an official protective institution or with an alternate 
family.
    The law provides that no one under 14 can work. Those between 15 
and 18 can be employed under limited conditions (see Section 6.d.). 
There was no juvenile court system, but certain judges specialized in 
juvenile cases.
    Palestinians in East Jerusalem received municipal services inferior 
to those available in other parts of Jerusalem. In 2001, the Israeli 
High Court ordered the construction of new infant care clinics in East 
Jerusalem. The Association for Civil Rights in Israel stated that six 
centers now existed in East Jerusalem and the surrounding areas and 
that there was sufficient coverage for the local East Jerusalem 
population. East Jerusalem schools remained under-funded and 
overcrowded, and many students were denied enrollment due to lack of 
space. In 2001, the Israeli High Court ordered the municipality to 
build 245 new classrooms within the next 4 years, but, at year's end, 
only 2 new classrooms were finished and 28 were under construction.
    International and domestic NGOs, including UNICEF, Save the 
Children, and Defense for Children International, promoted educational, 
medical, and cultural services for children, and other groups 
specialized in the needs of children with disabilities.
    Palestinian terrorist groups used minors to conduct attacks or as 
human shields. On January 11, a 17-year-old high school student from 
Nablus blew himself up near an army post at Jinsafut; no IDF solders 
were hurt. On November 1, a 16-year-old Palestinian bomber blew himself 
up in a Tel Aviv marketplace, killing three Israeli civilians.

    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.

    Persons With Disabilities.--Accessibility to public facilities was 
not mandated in the occupied territories. Palestinians with 
disabilities were discriminated against in most spheres, including 
education, employment, transportation, and access to public facilities. 
There were approximately 130,000 Palestinians with disabilities prior 
to the outbreak of the current Intifada. The Health, Development, 
Information, and Policy Institute estimated that one-tenth of the 
approximately 28,000 Palestinians injured in the Intifada will have 
permanent disabilities.
    Some institutions cared for persons with disabilities; however, 
their efforts consistently were underfunded.
    Care for Palestinians with physical and mental disabilities 
remained a problem. Cultural stigmas coupled with inadequate funding 
produced poor quality care. The PA depended on NGOs to care for 
physical disabilities, and offered substandard care for mental 
disabilities. In February, the Ministry of Health, with input from the 
World Health Organization, released a national strategy for mental 
health services that called for increased efforts to care for mental 
health patients and to reintegrate them into the community.

    Other Societal Abuses and Discrimination.--There were no laws that 
discriminated against homosexuals, and there were no reports of 
specific incidents of abuse because of sexual orientation. However, 
cultural traditions and religious publications reject homosexuality, 
and Palestinians alleged that the public and PA security officers 
subjected them to harassment, abuse, and sometimes arrest because of 
their sexual orientation.
Section 6. Worker Rights
    a. The Right of Association.--Labor Law 7 went into effect in 2001, 
but calls for 48 bylaws. Nine have been approved by the Ministers 
Council and published; 9 were approved but have not yet been published; 
and 30 remain incomplete. Workers may establish unions without 
government authorization. There were 19 trade unions registered with 
the Ministry of Labor.
    The International Labor Organization (ILO) has paid to disseminate 
an explanation of labor laws prepared by the Department of Law at 
Birzeit University.
    Workers in Jerusalem are free to establish unions, but may not join 
West Bank federations; however, this restriction was not enforced. 
Workers, holding Jerusalem identity cards, may belong simultaneously to 
West Bank unions and the Israeli Histadrut Labor Federation.
    Palestinians who worked in Israel or Jerusalem prior to 2000 were 
partial members of Histadrut and had 1 percent of their wages withheld. 
Partial membership entitled them to limited benefits, including 
compensation for on-the-job injuries, maternity leave, and employer 
bankruptcy. Histadrut and West Bank union officials negotiated an 
agreement to transfer half of this fee to the Palestinian General 
Federation of Trade Unions (PGFTU), which claimed it was owed $6.5 
million (28 million NIS).
    Article 66 of the labor law provides for the right to strike. 
Prospective strikers must send a written warning 2 weeks in advance to 
the other party and the Ministry of Labor notifying them of the basis 
for the strike. (For strikes affecting public utilities, the period is 
4 weeks.) In practice, strikers had little protection from retribution. 
Unions that seek to strike must accept arbitration by the Ministry of 
Labor and are subject to disciplinary action if they do not accept the 
result.
    The PGFTU participated in some programs of the International 
Confederation of Free Trade Unions, but was not a member. The PGFTU 
became an ICFTU affiliate in 2002.

    b. The Right to Organize and Bargain Collectively.--A majority of 
workers in the occupied territories were self employed or unpaid family 
helpers. Approximately 35 percent had wage jobs. Most were employed by 
UNRWA and the PA. Articles 60 to 65 of the labor law stated that 
conflicts should be resolved by a mediator from the ministry. If the 
ministry cannot resolve the dispute, it can be referred to a special 
committee, and, eventually to a special court. Accordingly, in practice 
the right to strike remained questionable.
    There are no export processing zones in the occupied territories, 
although the Gaza Industrial Estate previously enjoyed free trade 
access to foreign markets.

    c. Prohibition of Forced or Compulsory Labor.--PA law does not 
prohibit specifically forced or compulsory labor; however, there were 
no reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum employment age is 15, and there are special conditions for 
employment between 15 and 18. For minors, working at night, hard labor, 
and travel outside their area of domicile were prohibited. However, 
many children under 15 worked in family farms and shops, or as street 
vendors, and in small manufacturing enterprises, such as shoe and 
textile factories. According to the Palestinian Central Bureau of 
Statistics' Labor Force Survey Report, July-September 2003, 1.7 percent 
of children 10 to 14 years of age worked in 2003. The PA had only 40 
labor inspectors for an estimated 65,000 enterprises. The ILO and 
UNICEF worked with the PA to develop capacity. During the year, the ILO 
began to implement its International Program for the Elimination of 
Child Labor, conducted a survey, and hired a specialist to conduct a 
technical assessment.

    e. Acceptable Conditions of Work.--There was no minimum wage. Prior 
to 2000, the average wage for full-time workers provided a decent 
standard of living. The standard of living dropped significantly over 
the last 4 years.
    The normal workweek was 45 to 48 hours. There was no effective 
enforcement of maximum workweek laws.
    The PA Ministry of Labor was responsible for enforcing safety 
standards, and, while its ability was limited, it carried out some 
inspections. The ministry stated that new factories and workplaces met 
international health and safety standards, but that older ones did not. 
Palestinians who worked in Israel were required to contribute to the 
National Insurance Institute and received limited benefits.

                               __________

                                 JORDAN

    The Hashemite Kingdom of Jordan is a constitutional monarchy ruled 
by King Abdullah II bin Hussein. The Constitution concentrates 
executive and legislative authority in the King. A regent, whose 
authority is outlined in the Constitution, assumes many 
responsibilities in the King's absence. The King appoints the Prime 
Minister and other members of the cabinet who manage the daily affairs 
of the Government. The Parliament consists of the 55-member Senate, 
appointed by the King, and a 110-member elected lower house, the 
Chamber of Deputies. June 2003 multi-party parliamentary elections were 
generally free and fair; however, the election law significantly under-
represented urban areas. The Constitution provides for an independent 
judiciary; however, in practice, it remained susceptible to political 
pressure and interference by the executive.
    The Public Security Directorate (PSD) controlled general police 
functions. The PSD, the General Intelligence Directorate (GID), and the 
military shared responsibility for maintaining internal security, and 
had authority to monitor security threats. The PSD reports to the 
Interior Minister and the independent GID reports directly to the King. 
The civilian authorities maintained effective control of the security 
forces. Members of the security forces committed a number of serious 
human rights abuses.
    The Government made substantial progress in implementing market-
based reforms in a mixed economy. The Department of Statistics 
estimated the population at the end of the year at 5.32 million. During 
the year, the economy grew by more than 7 percent in real gross 
domestic product terms, with an increase of approximately 3.4 percent 
in the cost of living index. In general, wages and benefits kept pace 
with inflation, although the Government has not increased the minimum 
wage since January 2003. High unemployment and persistent poverty, 
especially in rural areas, coupled with political uncertainty in the 
region and limited water and energy resources, negatively affected the 
economy.
    Although the Government respected human rights in some areas, its 
overall record continued to reflect many problems. Reported continuing 
abuses included police abuse and mistreatment of detainees, allegations 
of torture, arbitrary arrest and detention, lack of transparent 
investigations and of accountability within the security services 
resulting in a climate of impunity, 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. Citizens did not have the right to change their 
government. Citizens may participate in the political system through 
their elected representatives to Parliament; however, the King has 
discretionary authority to appoint and dismiss the Prime Minister, 
members of the cabinet and upper house of Parliament, to dissolve 
Parliament, and to establish public policy. The Government imposed some 
limits on freedom of religion, and there was official and societal 
discrimination against adherents of unrecognized religions. There were 
some restrictions on freedom of movement. Violence against women, 
restrictions on women's rights, and societal discrimination against 
women persisted. ``Honor'' crimes continued. Child abuse remained a 
problem, and discrimination against Palestinians persisted. Abuse of 
foreign domestics was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Unlike in the 
previous year, there were no reports of arbitrary or unlawful 
deprivation of life by the Government or its agents.
    There were no new developments in the January 2003 police killing 
of a man in Ruseifa or the 2002 killing of a youth from Ma'an.
    The security services promoted a climate of impunity by their 
continued reluctance to conduct transparent investigations into 
allegations of wrongful deaths that occurred during police detention in 
previous years. In recent years, authorities have been more willing to 
conduct transparent investigations and have, from time to time, 
disclosed results.
    In 2002, USAID official Lawrence Foley was shot and killed in front 
of his home. In December 2002, the Government arrested suspects who 
confessed to the act. In October 2003, five men accused in the killing 
of Foley proclaimed their innocence, and claimed that security 
officials had tortured them to elicit their confessions (see Section 
1.c.). In April, all of the accused were convicted, some in absentia. 
The Government announced that one suspect convicted in absentia for his 
role in the killing was in custody as of July and would be retried in 
accordance with the law, which provides for a new trial in such 
circumstances.
    In 2002, 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 September 2003, the man accused of fomenting 
riots in Ma'an, Mohammed Shalabi, was arrested and put on trial by the 
State Security Court. Shalabi (known as Abu Sayyaf) claimed he had been 
tortured and initially denied a lawyer during his investigation (see 
Section 1.c.). Shalabi and 12 other defendants were charged with 
conspiracy to carry out terrorist acts and possession of explosives. In 
December, the State Security Court acquitted Shalabi and his co-
defendants on the charge of conspiring to commit terror attacks. The 
court found 11 of the defendants, including Shalabi, guilty for the 
lesser charge of possessing explosives and sentenced them to prison 
terms ranging from 6 to 15 years. Two of the defendants were cleared of 
all charges.

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

    c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, the police and 
security forces sometimes abused detainees 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. The most 
frequently reported methods of torture included beating, sleep 
deprivation, extended solitary confinement, and physical suspension. 
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. Defendants in at least six cases before the Security Court 
during the year alleged that they were tortured while in custody. For 
example, affiliates of fugitive Jordanian Abu Musab al-Zarqawi, 
convicted in April of killing USAID official Laurence Foley in 2002, 
claimed their confessions were derived under duress. Zarqawi's nephew 
Omar al-Khalayleh, who was sentenced in May with two others for 
plotting against U.S. and Israeli tourists, also claimed torture. Other 
Zarqawi accomplices in custody for activities made similar accusations 
in their trials during the year, including Ansar al-Islam member Ahmad 
al-Riyati (sentenced in June), fundraiser Bilal al-Hiyari (sentenced in 
October), and Miqdad al-Dabbas, whose trial was ongoing at years end.
    In June 2003, the Court of Cassation overturned the death sentence 
of convicted terrorist Raed Hijazi. In December 2003, the State 
Security Court convicted Hijazi and sentenced him to death for the 
third time. At year's end, he continued to proclaim his innocence and 
vowed to appeal the verdict again. In October, the Court of Cassation 
upheld the guilty verdict and commuted Hijazi's sentence to 20 years 
with no possibility of further appeal.
    In October 2003, Mohammad al-Shalabi (see Section 1.a.) claimed 
during his first court appearance that his interrogators tortured him 
and denied him access to an attorney. In a December 2003 court 
appearance, after being appointed a lawyer, al-Shalabi repeated his 
claim and proclaimed his innocence. Several other co-defendants 
retracted their previous confessions stating that they were extracted 
under duress. Al-Shalabi's lawyers brought four prison inmates to 
testify before the court that they noticed marks on al-Shalabi's legs 
suggesting he had been tortured. Based on his attorneys' request, the 
court referred al-Shalabi to the National Institute of Forensic 
Medicine (NIFM) for medical evaluation. The NIFM physicians' report 
indicated that al-Shalabi had not been tortured and noted no torture 
marks on his body.
    In October 2003, five men who later were convicted for the killing 
of USAID official Lawrence Foley, claimed innocence in court and 
asserted that security forces had tortured them to elicit their 
confessions (see Section 1.a.). Bin Suwayyid, one of the defendants, 
told reporters that interrogators made him sign a confession that he 
was not allowed ``to read or check.'' Another defendant, Yasser 
Freihart, reported that interrogators told him that if he did not sign 
the confession, he ``would go back to the cell for more torture and 
beating.''
    There were no new developments in the 2002 case of a local 
newspaper reporter covering anti-Israeli demonstrations in Sweileh who 
claimed that he was detained, threatened, and ``manhandled'' by 
government security forces. Human rights activists believed that 
similar incidents occurred during the year that were not documented.
    Police on several occasions used force to disperse demonstrations 
during the year, including violent demonstrations held in refugee camps 
following the death of HAMAS leaders. (see Section 2.b.).
    Human rights activists reported a number of cases of beatings and 
other abuses of individuals in police custody during the year. These 
included accusations surrounding a disturbance at the Juweideh 
Correctional and Rehabilitation Center and allegations by security 
detainees. Human rights activists also claimed that detainees are often 
held incommunicado for up to 2 months after arrest.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. 
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.
    On September 5, according to press reports and human rights 
activists, one inmate died and several were injured during a 
disturbance at the Juweideh Correctional and Rehabilitation Center. 
Press reports indicated that some inmates became violent after 
ingesting smuggled hallucinogenic drugs. Prison authorities then used 
force to regain control. The Government formed a committee to 
investigate the incident and to review overall prison conditions. At 
year's end, the trial of 11 officers accused of unnecessary use of 
force during the disturbance was ongoing.
    The Government held men, women, and juveniles in separate prison 
facilities. The GID held some persons detained on national security 
grounds in separate detention facilities. 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; however, 
they complained that the authorities required them to undertake a 
lengthy and difficult procedure to obtain permission for such visits. 
The International Committee of the Red Cross (ICRC) was permitted 
access to prisoners and detainees, as well as to all prison facilities.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the Government did not always 
observe these prohibitions. The Constitution provides that citizens are 
subject to arrest, trial, and punishment for the defamation of heads of 
state or public officials and dissemination of ``false or exaggerated 
information outside the country that attacks state dignity.'' 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.
    Police forces fall under the leadership of the Director of the PSD, 
who in turn answers to the Minister of Interior. The Director has 
access to the King when the seriousness or urgency of a matter demands 
it. A total of 13 different offices form the basic structure of the 
PSD. Two of these offices include Preventative Security and the Office 
of Complaints and Human Rights. Each of the 12 provinces has a police 
department that also falls under the authority of the PSD Director. 
Security and Policing activities were effective.
    The Preventative Security Office enforces strict rules regarding 
officer performance. Incidents of poor officer performance ultimately 
are reported to the PSD Director's Office (see Section 1.c.). 
Corruption within the PSD has not been an issue of significant debate, 
and there are mechanisms in place to investigate police abuses. 
Preventative Security actively investigates security issues, including 
police corruption. Following the initial investigation, Preventative 
Security forwards the findings to the Legal Affairs Office for further 
investigation and possible prosecution in Police Court. Citizens may 
file a complaint about police abuse or corruption to the Office of 
Complaints and Human Rights (see Section 4). The head of this office 
reports directly to the PSD Director. New officers in training receive 
special instruction on how to avoid corruption.
    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 as provided by 
law. This practice generally extended pretrial detention for protracted 
periods of time.
    In cases involving state security, the security forces arbitrarily 
arrested and detained citizens. 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. The Criminal Code prohibits pretrial 
detentions for certain categories of misdemeanors.
    In the past, human rights activists reported that the Government 
detained hundreds of persons, including journalists (see Section 2.a.) 
and Islamists, for varying amounts of time for what appeared to be 
political reasons. In the past, human rights groups also 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 
1 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 (see Section 2.2).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was not independent in 
practice and remained subject to pressure and outside interference. The 
King appoints the Higher Judiciary Council, a committee that determines 
judicial appointments, advancement, and dismissal. There were numerous 
allegations in previous years, and some this year, that judges were 
``reassigned'' temporarily to another court or judicial district to 
remove them from a particular proceeding. Despite constitutional 
prohibitions against such actions, judges complained of government 
monitoring of their telephones (see Section 1.f.).
    The judicial system consists of civil, criminal, commercial, 
security, and religious 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).
    The law provides that all civilian court trials are open to the 
public unless the court determines otherwise. 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 are provided if the 
defendant is unable to hire legal counsel. Civil, criminal, and 
commercial courts accord equal weight to the testimony of men and 
women; however, in Shari'a court, the testimony of two women is equal 
to that of a man's in most circumstances (see Section 5).
    The State Security Court consists of a panel of three judges, two 
military officers and one civilian. More than a dozen cases were tried 
or are ongoing in the State Security Court during the year. Most 
sessions are open to the public, though some are limited to the press. 
Defendants tried in the State Security Court often were held in 
pretrial detention without access to lawyers, although they were 
permitted regular visits by representatives of the ICRC. State Security 
Court judges inquired into allegations that defendants were tortured 
and 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, although 
defendants convicted of misdemeanors in the State Security Court have 
no right of appeal. Appeals are automatic for cases involving the death 
penalty.
    The Press and Publications Law permits journalists to cover State 
Security Court proceedings unless the court rules otherwise. The press 
routinely reported on cases before the Court, including all cases heard 
during the year. Such reporting routinely covered defense arguments and 
any allegations of torture.
    In the past, defense attorneys 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.
    There were no reports of political prisoners. A ``prisoner'' is a 
person deprived of liberty ``pursuant to conviction for a crime.'' 
However, the Government detained, deprived of liberty from the time of 
arrest to conviction or release, persons for varying periods of time 
for political reasons (see Section 1.d.).

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice. The law 
requires that security forces obtain a warrant from the Prosecutor 
General or a judge before conducting searches or otherwise interfering 
with these rights; however, in security cases, at times in violation of 
the law, the authorities obtained warrants retroactively or obtained 
pre-approved warrants. Security officers officially 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. In the past, judges complained 
that their telephones were surveilled unlawfully (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 
significant restrictions on these rights in practice.
    The Press and Publications Law and the Press Association Law 
imposed stringent restrictions on the operation of newspapers. The 
Government also intimidated journalists to encourage self-censorship. 
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 
exercised caution with regard to the King, the Royal Family, and the 
GID. 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. During the year, 
the Government selectively enforced this provision.
    In May, the Government summoned Fahd Al-Rimawi for questioning, 
allegedly for writing an article critical of Saudi Arabia in his weekly 
newspaper, Al-Majd. Al-Rimawi was released and continued to write 
opinion pieces as the editor of Al-Majd.
    In September, the Government detained and released 11 unlicensed 
preachers. The Government claimed that it acted to enforce a long-
standing law requiring preachers, of all religions, to be licensed. 
Some human rights activists accused the Government of selectively 
enforcing this law in a way that restricts free speech.
    In December, the Government detained overnight Ali Hattar, a member 
of the Jordan Engineers Association, and charged him with slandering 
the government in a public lecture. The case was moved from the penal 
court to the magistrate's court in Salt and was scheduled to reconvene 
in early 2005.
    There were no developments in the alleged censorship of a political 
cartoon in November 2003 in the weekly newspaper Al-Wahda.
    The Press and Publications Law provides the Government with limited 
ability to issue fines, transfers the power to withdraw licenses to the 
judiciary, limits significantly the Government's power to order 
shutdowns, allows journalists to cover court proceedings unless the 
court ruled otherwise, and requires publications to be licensed. The 
Law imposes strict limits on publications, which gave the Government 
broad leeway to impose sanctions. Journalists alleged that the 
Government uses informants and censors at printing presses to inform 
the Government if particularly objectionable material is slated for 
print in the news media.
    The Penal Code restricts free speech and allows the prosecution of 
any person found to have written, published, or aired any statements 
that could be construed to harm or incite to harm or insult individuals 
or ``the state's reputation and dignity.'' Imprisonment of 3 years is 
punishment for defamation of the King or Royal Family.
    Journalists also may be prosecuted before the State Security Court 
for criminal and security violations. Although a substantial number of 
cases were dismissed before trial, some cases lingered in the courts 
for years. The Government routinely used detention and prosecution or 
the threat of prosecution to intimidate journalists into self-
censorship (see Section 1.d.).
    No incidents occurred during the year, but in February 2003, three 
journalists were charged with blasphemy and slandering the government. 
They received prison terms ranging from 2 to 6 months and returned to 
work after their release.
    In 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. All seven 
detainees were released on bail while awaiting trial. At year's end the 
trials had not yet begun.
    The Press and Publications Department continued to enforce bans on 
the publication of a number of books within the country. Books were 
banned based on religious, moral, and political objections.
    High taxes on media and tariffs on paper caused journalists to 
reduce the size of their publications. Journalists also criticized the 
Government for advertising predominantly in newspapers in which the 
Government owned shares.
    The law provides foreign media operations freedom of expression and 
the Government did not block the entry of foreign publications during 
the year.
    Radio and television news broadcasts, more restricted than the 
print media, were liberalized slightly during the year. The Government 
created a new Audio Visual Licensing Authority, which regulated and 
licensed private radio and television broadcasts for the first time. 
The Government also licensed one new radio station and a satellite 
television broadcaster that had not begun transmission by years end. 
Under commercial agreements with each entity, the Government re-
broadcasts the regional programs of the British Broadcasting 
Corporation, the London-based Middle East Broadcasting Center, Radio 
Monte Carlo, and Radio Sawa. 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 Government opened investigations attempting to determine who 
was responsible for Internet sites that allegedly libeled the King; 
however, no one was known to be prosecuted in such cases during the 
year. In the past, there were reports of government interference with 
Internet access, including several websites that appear to have been 
blocked. The Government allowed Internet news sites to operate in the 
country, including those presenting news critical of the Government.
    The Government limited academic freedom. Some academics claimed 
that they received frequent threats of dismissal. During the year, 
sources in the academic community claimed that there was an ongoing 
intelligence presence in academic institutions.
    During the year, Jordan University continued its policy of granting 
the president of the university the authority to appoint half of its 
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, continued to object to the 
university's decision.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right. Citizens must obtain permits for public gatherings. The 
Government generally granted permits for protests it finds 
objectionable only after extensive negotiations with the organizers. 
The law requires the organizers of rallies and demonstrations 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).
    In some cases, the Government granted approval at the last moment, 
making it difficult for organizers to plan effective demonstrations.
    On March 26, the Government detained protestors at the Al Wihdat 
refugee camp in the southern suburbs of Amman, claiming that the 
demonstration was not licensed. According to media reports, more than 
60 persons were detained for burning the national flag and destroying 
property. Human rights activists claimed more than 200 demonstrators 
were detained. The demonstration began after Friday prayers in reaction 
to the death of Hamas leader Sheikh Ahmed Yassin. The Government 
claimed it filed formal charges against some of the detainees while 
releasing those under 18. Member of Parliament Tayseer Al-Fitiani 
alleged that riot police beat him with clubs upon his arrival at the Al 
Wihdat police station after demonstrators had dispersed.
    The Constitution provides for the right of association; however, 
the Government limited freedom of association by law. Several 
university students, mostly Islamists, were taken before academic 
disciplinary councils during the year for political activities 
unrelated to their studies and punished with dismissal or the inability 
to sit for exams. The Government required and routinely granted 
approval for nonpolitical conferences, workshops, and seminars.
    The Government prohibits membership in an unlicensed political 
party and routinely licensed political parties and other associations. 
There were 30 licensed political parties. 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.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, provided that religious practices are consistent with 
``public order and morality''; however, the Government continued to 
impose some restrictions on freedom of religion. According to the 
Constitution, Islam is the state religion.
    Members of unrecognized religious groups and converts from Islam 
faced legal discrimination and bureaucratic difficulties in personal 
status cases. The Government prohibits non-Muslims from proselytizing 
Muslims.
    Persons enjoy freedom of belief, and there were no reports that the 
practice of any faith was prohibited. 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.
    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 Government did not recognize Jehovah's Witnesses, the Church of 
Christ, or the Church of Jesus Christ of Latter-day Saints, but each of 
these denominations was allowed to conduct religious services and 
activities without interference.
    The Government did not interfere with public worship by the 
country's Christian minority.
    The Jordan Evangelical Theological Seminary (JETS), a Christian 
training school for pastors and missionaries, had not been accredited 
by year's end. As a result, students and faculty from the U.S. and 
elsewhere wishing to attend JETS still were unable to obtain student 
visas. JETS continued its operations with students studying on tourist 
visas and broke ground for a new building in August 2003.
    Shari'a prohibits non-Muslims from proselytizing Muslims. 
Conversion to the Muslim faith by Christians was allowed; however, a 
Muslim may not convert to another religion. Muslims who convert to 
other faiths complained of social and government discrimination. 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 encouraged nor 
prohibited apostasy. Converts from and to Islam are considered Muslims 
under Shari'a law on matters of personal status. 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 never has been applied.
    The Constitution provides that religious community trusts and 
matters of personal status 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.
    On September 13, a convert from Islam to Christianity was arrested 
and held overnight for charges of apostasy. A Shari'a court issued a 
guilty verdict on November 23. At year's end, no written verdict had 
been issued or punitive action taken, and the accused reportedly had 
left Jordan with his family.
    In 2002, the Shari'a and civil court systems adjudicated a child 
custody case and transferred legal custody of two minors who were 
raised as Christians from their Christian mother to her Muslim brother. 
At year's end, the children remained in her physical custody pending 
the result of a counter suit filed against the Muslim brother claiming 
disinterest in the children and misuse of the children's trust funds.
    Men may divorce their spouses more easily than women; however, 
since 2001, Shari'a courts have granted over 500 divorces brought by 
women (see Section 5). The new lower house of parliament rejected the 
law permitting this initiation by women in August 2003, but the upper 
house approved it. At year's end, Parliament has not taken final action 
and the law remained in effect.
    All minor children of a male Muslim who converts to another 
religion automatically are 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. Muslim 
converts, and minor children of male converts to Christianity are not 
recognized legally as Christians and continue to be treated as Muslim 
in matters of family and property law.
    The Government noted individuals' religions (except for Druze, 
Baha'is, and other unrecognized religions) on the national identity 
card and ``family book'' (a national registration record issued to the 
head of every family that serves as proof of citizenship) of all 
citizens. Atheists must associate themselves with a recognized religion 
for official identification purposes.
    In May 2003, a court sentenced poet Musa Hawamdeh to 3 months in 
prison on apostasy charges stemming from one of his controversial 
poems. In August 2003, the Court of Appeal reaffirmed the verdict. 
Hawamdeh maintained that he would make a final appeal to the Court of 
Cassation.
    Government policy requires that foreign missionary groups 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.''
    Anti Semitic editorial cartoons, articles and opinion pieces, 
usually the rhetoric of political columnists, were published in the 
newspapers ``Al-Rai'' and ``Al-Dustur". They were not common, but they 
did occur without government response.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights; 
however, there are some restrictions. The law requires that all women 
obtain written permission from a male guardian to apply for a passport; 
however, women do not need a male relative's permission to renew their 
passports. 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.
    Local governors may use the Preventing Crimes Law to place citizens 
under house arrest for up to 1 year without formally charging them (see 
Section 1.d.). House arrest may involve requiring persons to report 
daily to a local police station while under curfew. Persons who violate 
the terms of house arrest may be imprisoned for up to 14 days.
    Persons with full citizenship receive passports that are valid for 
5 years. Most Palestinians living in the country were citizens and 
received passports; however, the Government estimated that there are 
150,000 Palestinian refugees who do not qualify for citizenship. They 
receive 3-year passports valid for travel but which do not connote 
citizenship. West Bank residents without other travel documentation are 
eligible to receive 5-year passports for travel only and do not connote 
citizenship.
    Human rights activists continued to charge that the Government did 
not apply consistently citizenship laws, especially in cases in which 
passports were taken from citizens of Palestinian origin. The 
Government claimed this policy is in line with its efforts to implement 
the Government's disengagement from its former claims to the West Bank. 
However, citizens complained that the process is not transparent and 
the appeal process is virtually non-existent. Persons or families filed 
appeals with the Ministry of Interior, which were not resolved to their 
satisfaction. The Government asserted that the cases it has closed all 
involved persons without valid claims to citizenship or travel 
documents.
    Human rights activists reported that approximately 1,200 citizens 
of Palestinian origin remained outside the country, due to the 
Government's refusal to renew their passports at embassies overseas. 
The Government asserted that only non-resident Palestinians who seek to 
renew travel documents, which require proof of residence in the 
country, have been refused.
    The Constitution prohibits forced exile and the Government did not 
use forced exile.
    The Government has not established a system for providing 
protection to refugees; however it does not force the return of persons 
to a country where they fear persecution. The Government generally 
cooperated with the office of the United Nations High Commissioner for 
Refugees (UNHCR) in assisting refugees and asylum seekers. The 
Government respected the UNHCR's eligibility determinations regarding 
asylum seekers, including those who entered the country clandestinely 
and recognized the legal definition of a refugee as set forth in the 
U.N. Convention. In March 2003, the Government also signed a letter of 
understanding with UNHCR agreeing to provide protection against the 
forcible return of persons displaced by hostilities in Iraq requiring 
humanitarian assistance. UNHCR continued to train law enforcement 
officials and judges in international refugee law, including training 
for instructors from the National Center for Human Rights who conduct a 
course for entry-level government officials.
    The Government generally provided temporary protection to 
individuals who may not qualify as refugees under the 1951 Convention/
1967 Protocol. The Government generally recognized UNHCR's request that 
states continue to grant some temporary protection for all Iraqi asylum 
seekers, including new arrivals, rejected cases, and recognized 
refugees whose cases had been suspended by resettlement countries. 
However, UNHCR reported that a significant number of Iraqis were 
refused entry into the country during this period. It also reported 
that it had to intervene to prevent the deportation of persons issued 
UNHCR asylum seeker cards during the reporting period in several 
instances during the year.
    The U.N. Relief and Works Agency for Palestine Refugees (UNRWA) and 
the Government continued to provide assistance to 1.768 million 
Palestinian refugees during the year. Approximately 700,000 displaced 
persons from former Jordanian territories during the 1967 war have been 
granted nationality. An additional 120,000 displaced persons during the 
1967 war hold temporary residency permits. There was public debate over 
the Government's extension of assistance to those refugees who do not 
hold Jordanian nationality during the year.
    Prior to the war, the Government estimated 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 April 2003, the Government agreed to admit persons displaced 
by the hostilities in Iraq.
    UNHCR received applications for refugee status determination from 
6,004 Iraqis during the year. In addition to applications from Iraqis, 
UNHCR also received applications from 75 Sudanese, 31 Egyptians, 33 
Syrians and 43 stateless persons. According to UNHCR figures, during 
the year, 12,616 persons were seeking asylum, another 1098 persons 
recognized as refugees were awaiting resettlement, and 78 Chechens were 
allowed to remain indefinitely pending repatriation. The Government 
provided protection at the UNHCR camp at Ruweished to approximately 323 
Palestinian refugees who fled in Iraq in April 2003. The Government 
also continued to provide temporary protection to approximately 700 
recognized refugees, mostly Iranian Kurds formerly resident in UNHCR's 
Al Tash camp in Iraq, in the UNHCR camp in the no-man's land between 
Iraqi and Jordanian border checkpoints at the Karamah-Trebil crossing. 
UNHCR assisted several hundred Ruweished and no-man's land residents to 
voluntarily repatriate to Iraq during the reporting period. It also 
continued to provide financial assistance to 387 Palestinians from Iraq 
who had been permitted to leave the Ruweished camp and enter the 
country proper per royal decree in August 2003.
    The Government continued its policy of denying children of Iraqi 
asylum seekers admittance to school unless their families presented 
evidence that they had established legal residency in the country.
    According to IOM statistics, between January 1 and December 1, the 
Government also granted protection to 170 third country nationals 
fleeing Iraq en route to Sudan, Bangladesh, Morocco, Somalia, Egypt, 
Uzbekistan, Sri Lanka, and Nigeria. An additional 64 Sudanese remained 
in the country awaiting third-country repatriation at year's end. The 
Government also facilitated the transit of approximately 1,200 Iraqis 
voluntarily returning to Iraq from third-countries, primarily from 
Europe. IOM verified that all repatriations to Iraq and to third-
countries were voluntary.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the 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.
    After being appointed by the King, a prime minister is required to 
submit his cabinet to a parliamentary vote of confidence, if there is a 
seated parliament. In practice, Parliament routinely granted its 
confidence, although not without substantive debate. In the most recent 
vote of confidence in December 2003, 85 of 110 deputies voted in 
support of the Government. 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. June 
2003 parliamentary elections generally were regarded as free and fair.
    The Parliament is composed of a 55-member Senate appointed by the 
King, and a popularly elected 110-member Chamber of Deputies. The 
Constitution provides authority to the Parliament to initiate 
legislation and to approve, reject, or 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.
    In November 2003, the King appointed a new Senate, and reappointed 
Zeid Rifai as Senate President. Fourteen senators were carried over 
from the previous 40-member Senate. In line with tradition, the Senate 
contains a large number of former government officials, including 24 
former ministers and 4 former prime ministers. The number of female 
members increased from three to seven, while the number of senators of 
Palestinian origin decreased from nine to seven (see Section 5).
    The law allows voters to choose one candidate in multiple seat 
districts. In the largely tribal society, citizens tended to cast their 
vote for family members. Observers believed that the law continues to 
give greater proportional representation to electorates in the rural 
and southern part of the country, as well as in regions with 
populations known for their traditional, pro-Hashemite views, resulting 
in significant under-representation of urban areas. In practice, the 
chances of non-tribal candidates, to be elected were limited.
    The 2001 election law increased the number of electoral districts 
by redrawing district boundaries and redistributing seats among 
districts, required verification of polling results by members of the 
judiciary, and lowered the voting age to 18 years. A February 2003 
amendment included a six-seat quota for women in the House of Deputies. 
Citizens may freely nominate themselves and register as candidates as 
long as they do not have a criminal history.
    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 ``provisional'' 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.
    The country is divided into 99 municipalities for purposes of local 
governance. A 2002 provisional law gives the King the power to appoint 
all mayors and half the municipal councils. Opponents of these measures 
claimed that the consolidations were an attempt to undermine the 
strength of Islamist parties in local Government, and that they would 
weaken the democratic process at the municipal level by reducing the 
number of locally elected officials. The Islamic Action Front (IAF) 
sought to enjoin the Government from making the consolidations, but the 
courts held that the IAF had no standing to initiate action against the 
consolidation.
    The June 2003 municipal elections were regarded as generally free 
and fair; however, some losing candidates claimed that voter fraud was 
a problem. The IAF boycotted the elections in all districts outside of 
greater Amman to protest the provisional law on appointing municipal 
officials.
    Women have the right to vote, and women's groups encouraged women 
to vote and to be active in the political process. There were four 
female ministers. In the Parliament there were seven female senators, 
up from three in the previous Senate, and six female members of the 
Chamber of Deputies, up from one in the previous Chamber.
    Of the 110 seats in the lower house, 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 7 of 21 ministers. In the Parliament, 7 
of 55 senators and 17 of 110 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.
    Allegations of corruption were leveled against the executive and 
legislative branches. Parliamentary debate focused on corruption when 
the Government proposed transparency laws requiring financial 
disclosure for Government officials. At years end, the proposed 
transparency laws still were being debated in Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated with government restriction, investigating and 
publishing their findings on human rights cases alleging torture and 
other abuses committed by the security forces. Within these limits, 
government officials were cooperative and responsive to their views. 
The Press and Publications Law removed restrictions on the publication 
of information about the military and security forces, which had 
prevented the publication by domestic groups of reports alleging 
torture and other abuses committed by the security forces; however, 
similar restrictions still exist in the Penal Code and other laws (see 
Section 2.a.).
    The local chapter of the Arab Organization for Human Rights (AOHR) 
and the Jordanian Human Rights Organization (JHRO) continued to operate 
with the permission of the Government. In 2002, 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 
JSCR because of legal infractions and internal disputes related to 
finances. However, the JCSR claimed the closure was for political 
reasons, including the JSCR's reporting of Palestinian citizens losing 
their passports as a result of the 1988 disengagement laws. On July 25 
the Society applied for registration with the Ministry of Interior 
under the new name of the Jordan Organization for Citizen Rights 
(JOCR). The Ministry of Interior officially denied the application on 
October 11.
    The National Center for Human Rights, a quasi-governmental body 
with educational, protective, and reporting responsibilities, began 
operations in June 2003. Its activities included training government 
and international organization personnel on human rights standards and 
conditions in the country and collection and analysis of citizens' 
complaints. The Government cooperated with and funded the center; some 
human rights activists complained that it was too influenced by the 
Government.
    In March 2003, the Ministry of Foreign Affairs created a Human 
Rights Directorate, focused on ensuring government compliance with 
international agreements and cooperation with international 
organizations.
    In May 2003, the PSD opened human rights complaints offices at each 
of its regional directorates. Persons charging police misconduct may 
submit complaints to the relevant office, and the Government reported 
that cases backed by sufficient evidence can result in police officers 
being tried under the Public Security Law. Plaintiffs may file 
compensation claims for damages, and convicted officers reportedly also 
are subject to disciplinary action. Citizens filed 285 complaints in 
2003, of which 80 were found to be valid and resulted in either court 
trials or disciplinary measures for the officers involved.
    The Government directed the Parliamentary Public Freedoms Committee 
and the Human Rights Office at the Prime Ministry.
    The Government generally cooperated with international 
nongovernmental organizations (NGOs), but human rights observers 
claimed that some security detainees were held incommunicado. The ICRC 
was permitted full access to detainees and prisoners, including those 
held by the GID and the military intelligence directorate (see Section 
1.c.).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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. 
Some private political groups such as the Anti-Normalization Committee, 
which is opposed to ties with Israel, acted through various 
professional organizations to restrict the freedoms of individuals who 
have had dealings with Israel. The Government opposed the activities of 
the Committee.

    Women.--Violence against women was common; however, 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; however, 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 hotline 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 a perceived 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 kill 
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. During the year, 18 
honor crimes committed against women were reported. In 2003, 15 cases 
were reported. The actual number of honor crimes was most likely 
higher. Human rights observers believed that more killings occurred but 
were not documented as honor crimes. According to women's rights 
activists, there was some evidence of a societal trend toward 
condemnation of honor crimes. The police regularly imprisoned women who 
were potential victims of honor crimes for their own protection. 
Activists estimated that more than 25 women were detained in such 
``protective'' custody.
    The penal code provides that a ``crime of honor'' defense may be 
invoked by a defendant accused of a killing 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 a killing. 
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 a killing, 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. A provisional law amended 
Article 340 to apply equally to men and women; however, this legal 
change did not affect substantially the sentencing of perpetrators of 
honor crimes, as no defendant in an honor crime invoked Article 340 
during the year. Most activists believed that even if Article 340 were 
repealed, honor crimes likely would persist, with sentences continuing 
to be reduced under Article 98. In July, the Ministry of Justice 
submitted draft legislation to the cabinet increasing the minimum 
punishment for all killings, regardless of motivation, to 5 years. No 
further action has been taken by years end.
    Some instances of honor killings included a 36-year-old man who 
killed his 25-year-old cousin as she was recovering in a hospital after 
a Caesarean delivery on June 2. The victim became pregnant with the 
child of a married man. Two other male cousins of the victim 
accompanied the man as he shot her six times. A nurse and the newly 
born baby were both in the room during the shooting. All three cousins 
turned themselves in the same day and remained in custody pending their 
trial.
    In another case, on July 1, a younger brother stabbed his 26-year-
old sister to death. The brother turned himself in to the authorities 
shortly after the killing claiming family honor motivated his actions. 
The victim had been released from protective custody the day before 
after her family signed a guarantee that they would not harm their 
daughter. The victim had become pregnant out of wedlock almost a year 
earlier. The brother remained in custody pending his trial.
    In July 2003, police arrested an 18-year-old boy for shooting his 
16-year-old sister after her father secured her release by guaranteeing 
her safety. The case had not gone to trial at years end.
    In September 2003, three brothers were arrested for hacking their 
two sisters to death with an axe. The older sister married without her 
family's consent, and the younger victim was living with her sister at 
the time. According to press reports, in their confession the brothers 
stated that they acted to ``cleanse the family's honor.'' In November, 
the courts sentenced two of the brothers to death and then reduced the 
sentence to 10 years imprisonment. The third brother was cleared of all 
charges.
    In contrast with 2003, there were no reports during the year that 
female genital mutilation (FGM) was practiced.
    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. 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 that male heirs receive, and 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 a provisional law introduced in 2002, which was under 
debate in Parliament, adds to the circumstances under which a woman may 
file for divorce (see Section 2.c.). At year's end, the issue remained 
under consideration with the Upper House after the Lower House rejected 
the law for a second time in June, but the provisional law remained in 
effect. Special courts for each denomination adjudicated marriage and 
divorce matters for Christians (see Section 2.c.). There were 19 female 
judges in the country, up from 11 in 2002.
    The law requires a married woman to obtain her husband's permission 
to obtain, but not to 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-citizen 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 
still may be denied to the husband and children. Such children become 
stateless and, if they do not hold legal residency, lack 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; however, in 
practice, this law sometimes was ignored. During the year, press and 
union leaders reported that a small number of employers in the private 
sector paid their female employees less than the legal minimum wage, 
despite the fact that the women were under contract, and that wage 
disparity increased with salary.
    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. 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 assisted women in establishing small businesses. The chapter was 
also one of the organizations providing programs for potential female 
voters and candidates leading up to the parliamentary elections. 
Members of the Royal Family worked actively to improve the status of 
women. The Jordanian National Commission for Women organized a series 
of conferences to develop a strategy to increase women's role in the 
country's political development.

    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 and total secondary school attendance rates remained at 92 
percent. Several domestic and foreign religious groups operated private 
schools throughout the country. 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 did not charge 
tuition for public education and it granted food and transportation 
supplements to families with many children or to very poor families.
    Students must obtain a good behavior certificate from the GID to 
qualify for admission under the university quota system. Activists 
reported that the GID sometimes withheld 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.
    The National Team for Family Protection (NTFP) coordinated all 
issues concerning family safety. The Government-funded ``Dar al 
Amman,'' the nation's first child protection center, provided temporary 
shelter, medical care, and rehabilitation for children age 6 to 12 who 
have suffered abuse.
    Although the problem was difficult to quantify, social and health 
workers believed 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 PSD worked with victims and 
perpetrators of domestic and sexual violence. The Unit dealt primarily 
with child and spousal abuse, providing multiple in-house services, 
including medical treatment for patients. The Unit cooperated with 
police to apprehend perpetrators of domestic violence, facilitated 
participation in education and rehabilitation programs, and referred 
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 
lived a meager existence on the fringes of society. In either case, 
their prospects for marriage and gainful employment were limited. 
Furthermore, illegitimate children who were not acknowledged legally by 
their fathers were considered stateless and were not given passports or 
identity numbers.
    The Government attempted 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, removed the 
children from the streets, returned them to their families or to 
juvenile centers, and provided the families with a monthly stipend; 
however, the children often returned to the streets. Economic 
conditions and social disruption have caused the number of these 
children to increase over the last 10 years. Child vendors sold 
newspapers, tissues, small food items, or gum, and other children who 
picked through trash dumpsters to find recyclable cans to sell, 
sometimes were the sole source of income for their families.

    Trafficking in Persons.--The law prohibits trafficking in children; 
however, it does not specifically prohibit trafficking in other 
persons. Other criminal statutes prohibit slavery and indentured 
servitude. There were no confirmed reports that persons were trafficked 
to, from, or within the country. To reduce the potential for abuse of 
foreign domestic workers (FDWs), the Government adopted new and 
stricter procedures that regulate the importation of such labor (see 
Section 6.e.). While these changes improved the legal framework to 
protect FDWs, lack of awareness among employers and employees remained 
a problem. The Government has undertaken a cooperative program with 
UNIFEM to raise the awareness of FDWs on the new protections afforded 
them.
    The Government did not formally assign anti-trafficking duties to a 
specific body, nor did it have a national action plan, and it was 
limited financially in its ability to carry out trafficking related 
programs. However, a number of programs helped combat trafficking in 
women and children, such as a Ministry of Social Development program to 
rehabilitate street children and Ministry of Labor vocational training 
programs for young rural women.
    The interagency Family Protection Department (FPD) offered 
assistance to all victims of abuse, as well as FDWs, including medical 
exams, consular notification, and access to counseling. The Government 
did not provide training on how to assist victims of trafficking; 
however, the FPD raised the profile of abuse within the country and its 
personnel became increasingly adept at handling this crime.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. The law mandates 
access to buildings for persons with disabilities, and the Government 
generally enforced these provisions in practice. High unemployment 
restricts job opportunities for persons with disabilities, who numbered 
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 
retrofit existing public buildings; however, implementation has been 
slow.
    The law requires that 2 percent of available public sector 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.

    National/Racial/Ethnic Minorities.--Palestinians residing in the 
country 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 3-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 passports. However, 
the Government emphasized that these passports are for travel only and 
do not connote citizenship (see Section 2.d.).

    Indigenous People.--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 dominated in 
senior military, security, civil service positions, and in the 
Parliament. Nevertheless, many Bedouin in rural areas were 
disadvantaged economically.
Section 6. Worker Rights
    a. The Right of Association.--Workers in the private sector, in 
some state-owned companies, and in certain professions in the public 
sector have the right to form and join unions without excessive 
requirements and did so in practice. Unions must be registered to be 
legal. Union by-laws limit membership to citizens, effectively 
excluding the country's more than 125,000 registered foreign workers. 
However, some unions represented the interests of foreign workers 
informally. More than 30 percent of the work force was organized into 
17 unions. Unions are required by the Government to be members of the 
General Federation of Jordanian Trade Unions (GFJTU), the sole trade 
union federation. 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 for government oversight 
of their elections.
    The Constitution prohibits anti-union discrimination, but the ICFTU 
claimed that the Government did not protect adequately employees from 
anti-union discrimination. Workers may lodge complaints of anti-union 
discrimination with the Ministry of Labor, which is authorized to order 
the reinstatement of employees discharged for union activities. There 
were no complaints of anti-union discrimination lodged with the 
Ministry of Labor during the year.

    b. The Right to Organize and Bargain Collectively.--Unions have and 
exercise the right to bargain collectively. Labor laws mandate that 
workers must obtain Government permission to strike. Unions generally 
did not seek approval for a strike, but workers used 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. There are no special laws or exemptions from regular labor 
laws in export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, except in a state of emergency 
such as war or natural disaster. It generally was not practiced. Some 
foreign domestic servants, almost exclusively female, 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. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor is not a major problem, and the worst forms of child labor 
are virtually nonexistent. Labor law forbids children under the age of 
16 from being employed, except as apprentices; however, there were 
reports of child labor. 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., 
or during weekends, religious celebrations, or national holidays. 
Provisions in the labor laws do not extend to children in the informal 
sector, which consists of agriculture, domestic labor, and small family 
businesses.
    The law provides that 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. The Government, however, 
provided little training on child labor to the 72 Ministry of Labor 
inspectors responsible for enforcing the relevant laws. When 
investigating child labor, inspectors generally acted to ameliorate the 
situation of the involved families when appropriate, including 
directing some adult family members toward job training programs. In 
the past, some government officials claimed that if children were 
barred from working, they would lose important income on which their 
families depend, and might turn to more serious activities, such as 
drug trafficking and prostitution, for income.
    The Ministry of Labor's Child Labor Unit receives, investigates, 
and addresses child labor complaints (although it has no formal 
mechanism for doing so) and coordinates government action regarding 
child labor. Anecdotal evidence suggested that child labor, especially 
of street vendors, was more prevalent during the year than it was 10 
years ago.
    The law does not specifically prohibit forced or bonded labor by 
children; however, such practices were not known to occur (see Section 
6.c.).

    e. Acceptable Conditions of Work.--In January 2003, the Government 
increased the national minimum wage by 6.25 percent from $113 (80 
dinars) to $121 (85 dinars) per month. The minimum wage applies to all 
workers except domestic servants, those working in small family 
businesses, and those in the agricultural sector. Inspectors from the 
Ministry of Labor enforced the minimum wage, but due to limited 
resources were unable to ensure 100 percent compliance. Although the 
increase exceeded the 2002 1.8 percent cost of living increase, 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 approximately $47 (33 dinars) per month per 
capita.
    The law requires overtime pay for hours worked in excess of the 
standard workweek, which generally is 48 hours. 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. Labor 
law does not apply to small family businesses, domestic servants, and 
non-professional and non-technical workers in the agriculture sector. 
However, it does apply to citizens and noncitizen workers in other 
sectors. There is a separate civil service law. The law specifies a 
number of health and safety requirements for workers, which the 
Ministry of Labor is authorized to enforce. The law requires employers 
to report industrial accidents to the Ministry of Labor within 48 
hours. Although employers are not required to report occupational 
diseases to the Ministry of Labor, the law stipulates that if the 
medical authority determines that a worker suffers an occupational 
disease as a result of his work, the employer is liable for 
compensation. The Ministry of Labor mediates disputed amounts of 
compensation in cases of occupational disease. Workers do not have a 
statutory right to remove themselves from hazardous conditions without 
risking the loss of their jobs.
    According to the Ministry of Labor, there were approximately 
143,000 registered non-citizen workers in the country. The majority of 
these were engaged in low-wage, low skill activities in the 
agriculture, construction, and industrial sectors. According to the 
Government, 13,000 of these workers were employed in the Qualified 
Industrial Zones (QIZs). Foreign workers in the QIZs were recruited 
through a vetted process involving registered recruitment agencies. The 
embassies for a number of the major source countries of this labor sent 
officers to the QIZ factories to track labor conditions.
    Domestic servants have no legal redress for labor grievances and 
cannot sue in court for nonpayment of wages. Abuse of domestic 
servants, most of whom were foreign and many of whom were working 
without legal status in the country, was widespread. Imprisonment of 
maids occurred, and illegal confiscation of travel documents by 
employers was common. Victims, who feared losing their employment and 
being returned to their home country, generally did not report 
complaints to government officials. In 2003, the Ministry of Labor 
instituted a number of new requirements for employment agencies that 
provide Ministry oversight of FDWs' recruitment and employment. The 
Ministry actively closed down unlicensed recruiting agencies, but the 
lack of awareness among FDWs of their legal protections remained an 
impediment that the Ministry worked to address. In cooperation with the 
U.N. Development Fund for Women and several source country embassies, 
the Government also introduced a new standard work contract with 
greater protections that applied to all newly arriving FDWs since July 
2003.

                               __________

                                 KUWAIT

    Kuwait is a constitutional, hereditary emirate ruled by the Al-
Sabah family who governs in consultation with prominent families and 
community leaders. The 1962 Constitution empowers the Emir with 
executive and legislative authority and permits dissolution of the 
elected National Assembly by decree. The July 2003 parliamentary 
elections were generally considered to be free and fair; however, there 
were some credible reports of the Government and the opposition buying 
votes. Only 15 percent of citizens have the right to vote. Following 
the 2003 elections, the Emir appointed a new prime minister whose 
authority the Crown Prince previously held. The Crown Prince appoints 
government members; however, the elected National Assembly has at times 
influenced or overturned government decisions. The Constitution 
provides for some judicial independence; however, the judiciary was 
subject to government influence. The Emir appoints all judges, and the 
Government must approve the renewal of most judicial appointments.
    The national police, the Criminal Investigation Department (CID), 
and Kuwait State Security (KSS) are responsible for internal security 
under the supervision of civilian authorities in the Ministry of 
Interior (MOI). Civilian authorities generally maintained effective 
control of the security forces; however, there were some instances in 
which elements of the security forces acted independently of government 
authority. Some members of the security forces committed a number of 
serious human rights abuses.
    The country has a small, relatively open, market-based economy 
dominated by the oil industry and the government sector. Of a total 
population of approximately 2.645 million, an estimated 1.7 million are 
foreigners. Oil export revenues accounted for nearly half of the Gross 
Domestic Product (GDP). The government sector accounted for 87.5 
percent of citizen employment while foreigners constituted more than 90 
percent of the private sector workforce. According to international 
estimates, real GDP grew 2.3 percent in 2003 to $36.3 billion. Wages in 
the public sector, which employs 90 percent of citizens, did not 
increase with inflation. High citizen population growth coupled with a 
large influx of foreign workers has caused GDP per capita to decline in 
recent years. Domestic servants and unskilled workers often lived and 
worked in poor conditions.
    The Government's human rights record remained poor, and serious 
problems remained. Citizens do not have the right to change their 
government. Some police and members of the security forces reportedly 
abused detainees during interrogation. Overcrowding in the prisons 
continued to be a significant problem. There were some reports of 
mistreatment of noncitizen prisoners. The judiciary was subject to 
government influence. The Government infringed on citizens' privacy 
rights in some areas. The Government placed some limits on 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 noncitizens, continued to be a serious problem. Judicial 
authorities discriminated against non-citizens, especially foreign 
laborers. The legal status of tens of thousands of ``bidoon'' Arabs 
with residence ties but no documentation of their nationality remained 
unresolved. The Government restricted worker rights to organize and 
bargain collectively, and form unions. Domestic servants remained 
marginalized and lacked a system to protect their rights, monitor 
working conditions, and resolve labor disputes. Unskilled foreign 
workers continued to suffer from the lack of a minimum wage in the 
private sector, government failure to enforce some Labor Law provisions 
effectively, and, at times, physical or sexual abuse at the hands of 
their employers. Some worked under conditions that constituted 
indentured servitude. Young boys, usually from South Asia, continued to 
be used as jockeys in camel races.
                        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.
    The fate of 572 Kuwaitis (including 29 bidoon) and 33 other 
residents taken prisoner during Iraq's occupation of the country in 
1990-91 remained a highly emotional issue. The remains of more than 200 
of these missing were identified by DNA tests from mass graves found in 
Iraq after the fall of the Saddam Hussein regime. The Tripartite 
Commission on Gulf War Prisoners of War (POWs) and Missing Persons 
(TPC) resumed functioning with Iraqi participation shortly after the 
end of major hostilities in Iraq.

    c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, some 
police and members of the security forces reportedly abused detainees 
during interrogation. Reported mistreatment included torture and other 
physical abuse. Police and security forces were more likely to inflict 
such abuse on noncitizens, particularly non-Gulf Arabs and Asians, than 
on citizens. The Government stated that it investigated all allegations 
of abuse and punished at least some of the offenders; however, in most 
cases, the Government did not make public either the findings of its 
investigations or punishments it imposed.
    In August, 14 Jihadi Islamists, detained on charges of recruiting 
youths to conduct attacks against coalition forces in Iraq, threatened 
to begin a hunger strike over claims that they had been coerced 
physically and verbally into making confessions. An Interior Ministry 
statement said that security officials ``convinced [the detainees] such 
a step was not needed.''
    In August, three policemen were arrested for allegedly raping a 
runaway Asian maid at a police station and at another location. The 
maid's country's Embassy reported the incident to the police, and an 
investigation was ongoing at year's end.
    In September, four freed Jihadists claimed to have confessed to 
crimes after being tortured by security officials. They were reportedly 
held in isolation and went on a hunger strike for 3 days. They further 
claimed that they ended their strike upon further threats of abuse. 
Government officials claimed that no reports of abuse relating to this 
case were filed by lawyers representing Jihadi suspects and stated that 
all inmates received fair and equal treatment. The Justice Minister 
publicly supported investigations into the allegations of abuse against 
Jihadi suspects.
    In November 2003, three policemen reportedly raped a Filipina 
domestic servant while she was in police custody at a district police 
station. The Philippine Embassy filed a criminal case against the 
officers in December 2003 on behalf of the domestic servant, which was 
settled out of court this year.
    In 2002, there were several allegations of police officials and 
security personnel abusing detainees while in police custody; however, 
there were no new developments in these cases during the year.
    Defendants have the right to present evidence in court that they 
were 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 identities during interrogation, complicating 
confirmation of abuse.
    Prison conditions, generally met international standards, and the 
Government permitted visits by independent human rights observers. A 
new men's prison opened during the year, and prisoner transfers took 
place reducing previously severe overcrowding conditions. The new 
facility houses approximately 800 prisoners and meets all international 
standards for prisons.
    In recent years, credible reports from former inmates and the 
National Assembly's Human Rights Defense Committee (HRDC) cited severe 
overcrowding (13-15 inmates per cell), lack of beds, poor sanitation, 
lack of clean toilet and washing facilities, poor ventilation, and 
inadequate containment of infectious diseases as common problems. The 
Government allowed the International Committee of the Red Cross (ICRC) 
access to all prisons and detention facilities (see Section 4).
    There were some reports of mistreatment of non-citizen prisoners at 
the Central Prison. In recent years, it has been reported that some 
deportees at the deportation facility in Shuwaikh were incarcerated for 
6 months or longer pending deportation. Deportees reportedly often wait 
months for their former employers to cancel their residency and work 
permits or to provide their travel documents.
    The Government held men and women in separate detention facilities. 
There were reports that prison conditions for non-citizens, including 
women, were less favorable than conditions for citizens. The Government 
held pretrial detainees separately from convicted prisoners. Juveniles 
were incarcerated separately from adults in a Juveniles Prison.
    Inmates undergo a routine medical exam before they are incarcerated 
with other prisoners; however, a report by the HRDC in 2003 cited 
tuberculosis infection among inmates and staff as a major problem. 
During the year, four inmates were reportedly suffering from HIV/AIDS.
    Drug-related offenders comprised a slight majority of the inmate 
population. The Government provided educational and rehabilitation 
programs for inmates, psychological counseling, and specialized courses 
for inmates suffering from drug and alcohol addiction. An Islamic 
educational facility under the supervision of the Ministry of Awqaf and 
Islamic Affairs with a capacity to accommodate 600 inmates and 3 other 
specialized learning facilities provided religious, computer, 
carpentry, and other practical skills training to inmates.
    Local human rights monitors were allowed to visit prisons. The HRDC 
closely monitored prison conditions throughout the year, the ICRC, 
which maintains an office in the country, visited some detainees during 
the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
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. There were some credible reports of police arresting and 
detaining foreigners without a warrant, based on accusation by a third 
party. There were no reported deaths in detention from beatings or 
severe mistreatment.
    According to the penal code, those suspected of serious crimes may 
be held for up to 4 days without charge, during which security officers 
may prevent lawyers and family members from visiting them. In such 
cases, lawyers are permitted to attend legal proceedings, but are not 
allowed 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.
    The police constitute a single national force under the purview of 
civilian authorities of the Ministry of Interior.
    During the year, there were credible reports of police corruption 
and abuse of detainees during interrogation (see Section 1.c.). The 
Government relieved several security officials of their duties during 
2003 as a result of credible allegations of abuse of detainees during 
interrogation. There were no reported Government efforts during the 
year to reform the police or security forces.
    On October 18, the Criminal Court began trial of 12 citizens 
charged with involvement in the October 2002 attack that led to the 
death of a foreign marine on Failaka Island. The Government released 2 
of the 12 suspects on bail. In June, the Criminal Court sentenced a 
citizen to death for shooting two foreign civilians, one fatally, in 
January near Camp Doha. The citizen appealed the verdict and, on 
October 28, the Court of Appeals commuted the death sentence to life in 
prison, affirmed by the Court of Cassation in December despite the 
Public Prosecutor's appeal to uphold the capital sentence. The Criminal 
Court sentenced three accomplices to varying terms in prison.
    Of the approximately 3,700 persons serving sentences or being 
detained pending trial, approximately half were being held on security 
grounds, including some held for collaborating with Iraq during the 
occupation. There were approximately 500 foreigners including 28 
bidoon, held in detention facilities. The Government did not return 
deportees to their countries of origin forcibly, allowing those who 
objected to remain in detention (see Section 2.d.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary and the right to a fair trial and states that 
``judges shall not be subject to any authority''; however, the Emir 
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 non-citizens. Non-
citizen judges hold 1- to 3-year renewable contracts, which undermine 
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 showed bias in favor 
of citizens.
    The secular court system tries both civil and criminal cases. The 
Court of Cassation (``Supreme Court'') is the highest level of judicial 
appeal. There is also a specialized constitutional court, though its 
members are all senior judges from the civil judiciary. It has the 
authority to issue binding rulings concerning the constitutionality of 
laws and regulations. The court also rules in election disputes.
    Sunni and Shi'a Muslims have recourse to their own independent 
courts for family law cases. Secular courts barred no groups from 
testifying and considered male and female testimonies equally; however, 
in the family courts, the testimony of a man was equal to the testimony 
of two women. By law, criminal trials are public unless a court or the 
Government decides that ``maintenance of public order'' or 
``preservation of public morals'' necessitates a closed trial. There is 
no trial by jury.
    Defendants have the right to confront their accusers and appeal 
verdicts. The Emir 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. The Bar Association is obligated upon court request to 
appoint an attorney without charge for indigent defendants in civil, 
commercial, and criminal cases. Virtually all indigent criminal 
defendants asked for and received free counsel; however, 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 Appeals, 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 Appeals 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.
    There were no reports of political prisoners during the year.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for individual privacy and 
the sanctity of the home, and the Government generally respected these 
rights in practice. The law generally requires police to obtain a 
warrant to search both public and private property; however, it permits 
searches without warrant if alcohol or narcotics are suspected on the 
premises or if police are in 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 serving in the military to obtain government 
approval to marry foreign nationals. In practice, the Government only 
offers its advice (see Section 2.c.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution (Articles 36 and 
37) provides for freedom of speech and the press ``in accordance with 
the conditions and in the circumstances defined by law''; however, the 
Government imposed some restrictions on these rights in practice. 
Journalists continued to practice self-censorship.
    The Press Law prohibits the publication of any direct criticism of 
the Emir, official government communications with other states, and 
material that serves to ``attack religions'' or ``incite people to 
commit crimes, create hatred, or spread dissension among the public.'' 
For violation of the law, Article 28 provides a maximum imprisonment of 
6 months, raised to 1 year if repeated. Administrative punishments are 
also possible like confiscation, closure, and withdrawal of licenses 
without a court ruling. The criminal law also contains an array of 
charges which can be brought to bear, such as offense to religious 
sensibilities, public morality, and destroying the ``basic convictions 
of the nation.''
    In May 2003, the Government presented a new draft press law that 
would severely restrict press freedom by giving the Government power to 
close printing presses, veto advertisements, suspend publication of 
newspapers, and subject articles to pre-publication censorship (a 
practice the Government banned in 1992). Local newspapers sharply 
criticized the proposed law. The law was reintroduced this year, but 
the National Assembly had not voted on it at years end.
    In October, a new satellite television channel, Al-Rai, was 
launched. The private satellite channel, affiliated with its sister 
company Al-Rai Al-Aam newspaper, will expand television broadcasting in 
the country by introducing the first private news channel in the 
country.
    The Government, through the Ministry of Information, threatened to 
impose penalties against individual publishers and editors believed to 
have criticized government policies or discussed subjects deemed 
offensive to Islam, tradition, or the State.
    In June 2003, the Government filed charges against the publisher 
and editor in chief of a prominent newspaper for ``challenging the 
authority of the Emir'' after the editor stated publicly that unnamed 
members of the ruling family were interfering in the parliamentary 
election campaign (see Section 3). The case had not gone to court by 
year's end. In December 2003, police arrested, detained, and 
interrogated a citizen for producing and distributing an audiotape 
allegedly defaming the Prophet Mohammed's companions and was sentenced 
without being present at the trial to 10 years in jail in May.
    The country has five Arabic and two English language daily 
newspapers. All newspapers are independent and privately owned.
    The Government ended prepublication censorship in 1992. However, 
the Government still uses this form of censorship when it chooses, and 
journalists continued to practice self-censorship.
    In September, 25 advertisement magazines were suspended due to 
violation of article 35 of the Press and Publication Law. The law gives 
the Cabinet the right to suspend newspapers for a period not to exceed 
2 years or to revoke its license if it is proved that it serves the 
interests of a foreign state or organization or if what it publishes 
contradicts the national interest. Further, according to article 25, 
the Information Minister can subject periodical publications to pre-
publishing censorship. Violators can be penalized with imprisonment of 
1 to 3 years and fined between $10,200 and $17,000 (3,000 to 5,000 KD).
    In 2002, the Government closed down the offices of and expelled the 
Arab satellite network Al-Jazeera on allegations of defaming the 
Government.
    Publishers must obtain an operating license from the Ministry of 
Information to begin publishing a newspaper. There is no appeal to the 
courts if the license is not granted. Publishers may lose their license 
if their publications do not appear for 6 months, which prevents 
publishers from publishing sporadically. Individuals also must obtain 
permission from the Ministry of Information before publishing any 
printed material, including brochures and wall posters.
    There were no specific reports of security forces subjecting 
journalists to violence or harassment during the year. In December 
2003, security officials arrested a police officer for reportedly 
verbally and physically assaulting a journalist. In 2002, police 
confiscated film belonging to a press photographer covering a public 
disturbance. Police officials did not provide any explanations 
regarding the action taken toward the photographer.
    Fawwaz Muhammad Al-Awadi Bessisso and Ibtisam Berto Sulaiman Al-
Dakhil, two journalists, were sentenced to life in prison in 1991 
because of their work with a newspaper that published under Iraqi 
occupation. The Government, which found the two guilty of cooperating 
with the authorities of the Iraqi occupation, deported one of the 
journalists to France in 2003 while the other reportedly departed the 
country.
    The law requires jail terms for journalists who defame religion 
(see Section 2.c.). The law provides that any Muslim citizen may file 
criminal charges against an author if the citizen believes that the 
author has defamed Islam, the ruling family, or public morals. Often, 
citizens filed such charges for political reasons.
    The Government owns and controls local radio and five television 
channels. Satellite dishes were widely available and operate without 
restriction. However, the Ministry of Information censored all books, 
films, videotapes, periodicals, and other imported publications deemed 
morally offensive. The Ministry of Information censored media for 
political content and did not grant licenses to political magazines. 
The Ministry of Information controlled the publication and distribution 
of all informational materials.
    According to the latest statistics, there were an estimated 500,000 
Internet users. The Government threatened to shut down private Internet 
cafes for noncompliance with new restrictive regulations in 2002, which 
required Internet service providers to block some political sites and 
those deemed immoral. Following the 2002 raid of 19 Internet cafes, the 
Ministry of Communications required cafe owners to obtain the names and 
civil identification numbers of customers and to submit the information 
to the Ministry upon request. The law provides for a $162,500 (50,000 
dinar) bond.
    The Constitution provides for freedom of opinion and of research; 
however, academic freedom is limited by self censorship, and academics 
were legally prohibited from criticism of the Emir or Islam.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right in practice. Public gatherings require government approval. 
The Constitution protects informal weekly social and political 
gatherings of men (diwaniyas). Most adult male citizens, including the 
Emir, members of the Government, and members of the National Assembly 
hosted or attended diwaniyas to discuss current events. The diwaniya 
system provided an important forum for public debate on political, 
social, and economic issues. Women were not precluded from holding 
diwaniyas of their own; however, such diwaniyas were uncommon. 
Traditionally, women do not attend male diwaniyas, although a few 
diwaniyas are open to both sexes.
    There were a few public demonstrations during the year. 
Demonstrators were orderly and the police did not interfere in most 
cases. In May, Islamic activists rallied to protest the sponsoring of a 
pop music concert for 'Star Academy' performers. During the same month, 
a gathering of citizens protested against environmental pollution and 
liberal citizens protested to express their dissatisfaction over the 
constraints imposed by the government on music concerts. On April 20, 
approximately 700 persons held a peaceful protest march denouncing the 
killings of HAMAS leaders Sheikh Ahmed Yassin and Abdel Aziz Rantissi. 
The Ministry of Interior tightly controlled the march and banned 
provocative banners and slogans.
    The Constitution provides for freedom of association; however, the 
Government restricted this right in practice. The law prohibits 
associations from engaging in political activities. The Government 
banned political parties; however, several unofficial blocs existed and 
were active in the National Assembly. In 2003, candidates were allowed 
to run for elections only as individuals and not with a party (see 
Section 3); however, in many cases, a candidate's party affiliation was 
well known and may have influenced electoral performance.
    The Government used its power to license as a means of political 
control. There are 54 licensed, official nongovernmental organizations 
(NGOs) in the country, including professional groups, a bar 
association, and scientific bodies. The Ministry licensed only one NGO 
during the year--the Kuwait Human Rights Society, an NGO with 
approximately 500 members, which waited 12 years before being approved 
for a license. There were 91 NGOs pending licensing by the Ministry; 
many have been waiting years for approval.
    Licensed NGOs received government subsidies for their operating 
expenses, including travel and per diem expenses for participating in 
international conferences. The ministry has rejected license requests 
on the grounds that established NGOs already provide services similar 
to those proposed by the petitioners. Members of licensed NGOs must 
obtain permission from the ministry in order to attend international 
conferences (see Sections 2.d. and 4).
    There are hundreds of unlicensed civic groups, clubs, and 
unofficial NGOs in the country. These unofficial associations do not 
receive government subsidies and have no legal status.
    The Government reportedly did not shut any unlicensed NGOs or 
unregistered branches of Islamic charities during the year. Unlike in 
previous years, the Government did not remove any unlicensed street-
side charity boxes during the year.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the Government placed some limits on this right in 
practice. 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. The 
Constitution states that Islam is the state religion and that Shari'a 
(Islamic Law) is ``a main source of legislation.''
    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 was 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 (Roman Catholic, Anglican, National Evangelical, Greek 
Orthodox, Armenian Orthodox, Coptic Orthodox, Greek Catholic) have open 
``files'' at the Ministry of Social Affairs and Labor, allowing them to 
bring in staff. In October 2003, the Government closed the National 
Evangelical Church's file, reportedly due to its alleged failure to 
comply with the National Manpower Support Law by employing the 
requisite number of citizens of the country. At year's end, the 
Government reinstated its open file status.
    By tradition, three churches benefit from full government 
recognition and are allowed to operate compounds officially designated 
as churches. These are the Catholic Church (which includes two separate 
churches, the Latin Catholic and the Maronite), the Anglican Church, 
and the National Evangelical Church. However, there are quotas on the 
number of clergy and staff that each church can bring into the country.
    There were reports in previous years of at least two groups that 
applied for permission to build their own churches; however, the 
Government has yet to respond to their requests.
    The Government continued to discriminate against the Shi'a 
minority. There are approximately 300,000 Shi'a citizens (one third of 
Kuwaiti citizens) and approximately 100,000 Shi'a non-citizen 
residents. Shi'a remained disadvantaged in the provision of mosques, 
access to Shi'a religious education, and representation in upper levels 
of Government. There are approximately 30 to 40 Shi'a mosques and 
approximately 1,200 Sunni mosques. There is no independent Shi'a 
seminary. Shi'a must travel to Iran or Iraq for clerical training. Five 
Shi'a were elected to the 50-seat National Assembly in July 2003, 
compared to 6 Shi'a in the previous National Assembly. The Government 
allows Shi'a to follow their own jurisprudence in matters of personal 
status and family law at the first-instance and appellate levels. In 
October 2003, the Government approved a long-standing Shi'a request to 
establish a Shi'a Court of Cassation to handle Shi'a personal status 
and family law cases.
    Shi'a were free to worship without government interference, and the 
overall situation for Shi'a improved somewhat during the period covered 
by this report. Since 2000, the Government has granted licenses for and 
has approved the construction four new Shi'a mosques. All four mosques 
were still reportedly under construction.
    Shi'a leaders 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. The 
Ministry of Education reviewed a Shi'a proposal to establish a private 
college to train Shi'a clerics within the country; however, at year's 
end, no action had been taken on the proposal.
    The country's Shi'a population has been allowed more public 
celebrations of their religious traditions. During the year, Shi'a were 
permitted for the first time to publicly reenact the Battle of Karbala, 
and Shi'a clerics were granted television airtime during the Ashoura 
day celebration.
    Members of religions not sanctioned in the Koran, such as Sikhs, 
Hindus, Baha'is and Buddhists, are not permitted to build official 
places of worship as these religions lack legal status. However, they 
are allowed to worship privately in their homes without government 
interference.
    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 Asian nationals, that they 
would receive better treatment from employers as well as society as a 
whole if they converted to Islam.
    There were no reports of anti-Semitic activity on behalf of the 
Government. Examples of unofficial anti-Semitic commentary from the 
media and from some mosque preachers did surface. The Government has 
taken no action to enact laws relating to the protection of the rights 
to religious freedom of Jews, although there is no significant Jewish 
community present. There have been instances of anti-Semitic rhetoric 
in government-sponsored education curricula, specifically in reference 
to the Arab-Israeli conflict.
    The Government prohibits proselytizing to Muslims; however, the 
Government permits Christian churches to serve non-Muslim 
congregations. The law prohibits organized religious education other 
than Islam; however, the Government did not enforce this law rigidly, 
and such education took place. Although informal religious instruction 
occurred inside private homes and on church compounds without 
government interference, there were credible reports that government 
inspectors periodically visited public and private schools outside 
church compounds to ensure that no religious teaching other than Islam 
took place. There were also credible reports that government inspectors 
periodically observed church worship services to monitor the content of 
information for possible anti-Government or proselytizing rhetoric.
    The Islamic Presentation Committee (IPC), under the authority of 
the Ministry of Awqaf and Islamic Affairs, actively encouraged 
proselytizing to non-Muslims.
    The law 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.
    By 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.). By law, 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. In practice, 
many non-Muslim women faced tremendous economic and societal pressure 
to convert. 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. Failure to convert may also mean that as a non-Muslim 
woman, she would not be eligible to inherit her husband's property.
    A few Muslim converts to Christianity reported harassment and 
discrimination by police and employers, including termination of 
employment, repeated summonses to police stations for questioning, 
verbal abuse, police monitoring of their activities, and imposition of 
fines without due process.
    For a more detailed discussion, see the 2004 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 within the country, freedom of 
foreign travel, or freedom to emigrate. The Government placed some 
limits on freedom of movement in practice. Citizens have the right to 
travel freely within the country and to change their workplace as 
desired. Unmarried women must be 21 years of age or older to obtain a 
passport and travel abroad without permission of a male relative. 
Married women must obtain their husbands' permission to apply for a 
passport. A married woman with a passport does not need her husband's 
permission to travel, but he may prevent her departure from the country 
by placing a 24-hour travel ban on her through immigration authorities. 
After this 24-hour period, a court order is required if the husband 
still wishes to prevent his wife from leaving the country. In practice, 
however, many travel bans were issued without court order, effectively 
preventing citizens (and foreigners) from departing.
    All minor children under 21 years of age require their father's 
permission to travel outside the country. There were reports of citizen 
fathers and husbands confiscating their children's and wives' travel 
documents to prevent them from departing.
    The Constitution prohibits the deportation or forced exile of 
citizens, and there were no reports of such practices during the year. 
The penal code stipulates that noncitizens convicted of felonies must 
be deported after finishing their jail terms, and in certain 
circumstances, citizens may have their citizenship revoked. This 
provision includes citizens sentenced for felonies 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.
    Citizens were largely free to emigrate and to return. Security 
forces occasionally set up checkpoints to detain individuals for 
immigration purposes and to apprehend undocumented aliens.
    The law permits the Government to place a travel ban on any citizen 
or foreigner who has a legal case pending before the courts. The law 
also permits any citizen to petition authorities to place a travel ban 
against any other person suspected of violating local law. In practice, 
this has resulted in many citizens and foreigners being prevented from 
departing the country without investigation or a legal case being 
brought before a local court. This practice has become less prevalent 
in recent years, but it still persists. Although illegal, many citizen 
employers routinely confiscate the passports of foreign employees, 
which forces them to remain in the country against their will. There 
does not appear to be any concerted government effort to prevent 
employers from engaging in this practice.
    Members of licensed NGOs must obtain government approval to attend 
international conferences as official NGO representatives (see Sections 
2.b. and 4). The Government severely restricted the ability of its 
bidoon population to travel abroad (see Section 5). However, the 
Government permitted some bidoon to travel to Saudi Arabia during the 
year for the annual Hajj pilgrimage.
    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.
    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, and the Government has not 
established a system for providing protection to refugees. In practice, 
the Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government did 
not grant refugee status or asylum. The Constitution prohibits the 
extradition of political refugees. The Government stated that it did 
not deport persons who claimed to fear persecution in their home 
countries; however, it often kept such persons in detention rather than 
grant them permission to live and work in the country. The Government 
cooperated with the office of the U.N. High Commissioner for Refugees 
(UNHCR) and other humanitarian organizations in assisting refugees and 
asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their government. The 
Constitution provides that the elected National Assembly has a limited 
role in approving the Emir's choice of Crown Prince (the future Emir). 
If the Assembly rejects the Emir's nominee, the Emir then submits three 
names from which the Assembly must choose the new Crown Prince. The 
only citizens who have the right to vote and seek election to the 
National Assembly are males age 21 and over, who have been citizens for 
at least 20 years, and are not members of the armed forces, police, or 
other uniformed personnel of the Ministry of Interior.
    Under the Constitution, the Emir holds executive power and shares 
legislative power with an elected National Assembly. The Emir appoints 
the prime minister, who presides over a 16-member Cabinet (Council of 
Ministers), who he chooses in consultation with the Emir. In accordance 
with the practice of the ruling family (but not specifically the 
Constitution), the prime minister always has been the Crown Prince; 
however, in an unprecedented development in July 2003, the Emir named 
one of his brothers, who was then serving as Foreign Minister, as Prime 
Minister who promptly formed a new Cabinet.
    The Constitution empowers the Emir to suspend its provisions and to 
rule by decree. The Constitution provides that cabinet members sit in 
the National Assembly and vote on legislation. At least one member of 
the Cabinet must be an elected member of the National Assembly.
    There are 50 elected National Assembly members and 15 cabinet 
members appointed by the Emir who sit as ex-officio members. Members of 
Parliament (MPs) serve 4-year terms, and the most recent National 
Assembly elections were held in July 2003. The Government banned 
political parties; however, several well-organized and unofficial 
blocs, acting much like political parties, existed and were active in 
the National Assembly. Because of the ban on political parties, 
National Assembly candidates must nominate themselves as individuals 
and may run for election in any of the country's 25 constituencies. The 
top two finishers in each constituency are elected in single-round 
balloting.
    The Constitution provides that the National Assembly can overturn 
the Emir's decrees, but only those made when the National Assembly is 
not in session. The National Assembly exercised this authority in 
previous years in some cases; however, the National Assembly did not 
amend any of the Emir's proposals during the year.
    Members regularly require ministers to appear before the full 
National Assembly for formal inquiries, known as ``grillings,'' when 
MPs are dissatisfied with their or the ministry'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.
    The July 2003 National Assembly elections were generally free and 
fair, although there were some credible reports of government and 
opposition vote buying, illegal and unevenly held tribal primaries (by-
elections), ballot box tampering in some constituencies, and lax 
enforcement of some election laws. Recounts were ordered and undertaken 
in 2 of the 25 electoral districts due to allegations of vote fraud. 
During 2003, candidates from several constituencies filed court 
petitions challenging the July 2003 National Assembly election results 
on allegations of ballot box tampering. In December 2003, the 
Constitutional Court dismissed these petitions.
    Women continued to be denied the right to vote and to run for 
office; they had little opportunity to influence the Government. There 
were no women in the National Assembly and no women in the Cabinet. 
Women held some relatively senior nonpolitical positions within some 
ministries.
    The new prime minister appointed one minority Shi'a member to the 
16-member Cabinet as the Minister of Information. Of 50 elected 
National Assembly members, 5 were Shi'a.
    Several tribes conducted illegal primaries (by-elections) to select 
candidates for participation in the National Assembly elections held in 
July 2003. Such primaries are limited to tribe members and thus do not 
include all eligible voters in a given electoral constituency. Some 
Shi'a claimed that if they had held such primaries as other groups did 
(in violation of election laws), they would have gained more seats in 
the National Assembly. In December 2003, the National Assembly's 
Legislative and Legal Affairs Committee approved requests from the 
Public Prosecutor to lift the parliamentary immunity of four 
parliamentarians suspected of participation in illegal tribal primaries 
held before the July elections.
    Allegations of corruption on the national level arose during the 
year. In December, the Deputy Prime Minister faced various charges of 
corruption including mismanagement and negligence resulting in the loss 
of $260 million (77 million KD) to the Kuwait Municipality. The 
government official was not found guilty of wrongdoing during a 
grilling by Ministers of Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government permitted the existence of NGOs; however, it 
continued to deny licenses to some NGOs. The only local human rights 
NGO is the Kuwait Human Rights Society (KHRS), which was licensed 
during the year as an officially recognized NGO. The KHRS produces an 
annual report on human rights in the country, publishes a quarterly 
magazine, and meets some senior government officials occasionally. It 
reportedly paid for the legal fees and the return travel of an abused 
Indian maid in 2002, who had been severely beaten by her employer in a 
high-profile domestic abuse case.
    The Government permitted international human rights organizations 
to visit the country and to establish offices. Several organizations 
conducted fieldwork and reported good communication with and reasonable 
cooperation from the Government.
    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.
    The Government has not yet submitted the remaining two of eight 
conventions from the International Labor Organization's (ILO) 
Declaration of Basic Rights at Work to the National Assembly for 
ratification (see Section 6).
    The National Assembly has an active Human Rights Defense Committee, 
which took testimony in 2003 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 HRDC has shown that, in practice, it is able to 
mobilize government agencies to address significant human rights 
problems.
    During the year, the children of stateless bidoon were granted free 
education in the school system, through the Ministry of Education. This 
followed efforts in 2003 by the HRDC, which focused particular 
attention on the issue of access to public education for bidoon 
children. HRDC members questioned the Minister of Education before the 
National Assembly on the issue. The committee also issued a report 
critical of Central Prison conditions during the year. It did not issue 
a human rights report during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, national 
origin, language, and religion; however, in practice, the Government 
did not uniformly or consistently enforce laws against discrimination. 
Many laws and regulations discriminated against women and non-citizens. 
There were no specific reports of any official or societal 
discrimination against persons with HIV/AIDS; however, the Government 
tightly controlled HIV testing, and foreign workers who have HIV/AIDS 
were often deported.

    Women.--Violence against women continued to be a serious and 
overlooked problem. Certain provisions of the penal code reduce or 
eliminate penalties for violent crimes committed by men against women. 
Each of the country's 54 police stations reportedly received weekly 
complaints of spousal abuse, approximately 60 percent of which involved 
spousal abuse of non-citizen women. The police and the courts generally 
sought to resolve family disputes informally, but they referred a few 
serious cases to the Ministry of Health.
    The courts have found husbands guilty of spousal abuse; however, 
most domestic abuse cases are not brought to court, and abusive 
husbands, if convicted, rarely face severe penalties. Typically, 
husbands accused of domestic abuse must pay a nominal fine and sign a 
pledge of good conduct. Police officials typically regard domestic 
violence as a private family affair and are reluctant to bring such 
cases to the attention of higher investigative authorities. In 
February, police arrested a man for allegedly killing his wife in their 
home during a domestic dispute.
    There are no shelters or hotlines for victims of domestic violence. 
Many non-citizen women married to citizen men reported domestic abuse 
and inaction or discrimination by police during the year. By law, a 
victim of domestic violence may file a complaint with the police and 
request that formal charges be brought against the abuser. In practice, 
however, even with documented evidence of the abuse (such as hospital 
reports, eyewitness accounts, and social worker testimony), police 
officials rarely take into custody perpetrators of domestic violence. 
An abused woman may petition for divorce based on injury, but the law 
provides no clear legal standard as to what constitutes injury, and a 
woman must provide at least two male witnesses (or a male witness and 
two female witnesses) to attest to the injury committed. There were 
some reports of individuals bribing police officials to ignore charges 
of domestic abuse. The law prohibits rape and provides that citizens 
found guilty of crimes that violate moral integrity, such as rape or 
incest, are forbidden from holding public jobs.
    In October, a Kuwaiti man was arrested for assaulting his wife. He 
was still beating his wife when police intervened.
    Rape and sexual assault remained serious problems, particularly for 
domestic servants and other foreign workers. Local newspapers 
highlighted dozens of rape and sexual assault incidents during the 
year, mostly involving female expatriates.
    The police occasionally arrested rapists, and several were tried 
and convicted during the year; however, laws against rape were not 
always enforced effectively. In October, police arrested five men, 
three Kuwaitis and two citizens of the Dominican Republic, for 
allegedly kidnapping and raping a Filipina maid in September. In 
August, a female member of the U.S. Army accused an Egyptian man of 
raping her inside her hotel room in Kuwait City in August. At years 
end, the case was ongoing. In March, the Appeals Court upheld a verdict 
of the Criminal Court sentencing a non-Kuwaiti man to life imprisonment 
for the 2002 premeditated murder and attempted rape of a woman.
    In December 2003, four Defense Ministry cadets were arrested for 
raping a female citizen of minor age. In December 2003, a citizen 
teacher reportedly raped an 11-year-old male pupil in a school 
bathroom. In November 2003, the Public Prosecutor interrogated several 
police officers accused of raping a Filipina housemaid in a police 
station. The suspects were detained at year's end pending 
investigation.
    In January 2003, the Court of Appeals upheld a Criminal Court 
verdict sentencing a Bangladeshi man to death for kidnapping, raping, 
detaining, and forcing two foreign women into prostitution in Mangaf 
district. Also in January 2003, the court upheld a 15-year prison 
sentence handed down to a police officer who kidnapped and raped a 
woman. In previous years, the Government imposed severe penalties, 
including the death sentence, for particularly egregious rape cases. In 
April, two Saudis and one Kuwaiti were sentenced to death for raping 
and killing a girl.
    The physical or sexual abuse of foreign women working as domestic 
servants was a pervasive problem. 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. 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 pregnancies, and there were reports of illegal abortions. 
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 also were 
dozens of reports of domestic workers allegedly committing or 
attempting to commit suicide because of desperation over poor working 
conditions or abuse.
    In February, an Asian maid accused six citizens, four men and two 
women, of assaulting her because of her refusal to withdraw a rape case 
she filed against her sponsor's son.
    In July, the Court of Appeals refrained from passing a sentence 
against a man, but ordered him to sign a pledge of good conduct for a 
year for raping his housemaid. In June, the Criminal Court found him 
guilty but did not sentence him because of ``family circumstances'' and 
also because he had no past criminal record.
    In October, an Asian maid committed suicide by hanging herself with 
a rope inside her sponsor's house. In August, an Indonesian maid jumped 
to her death from the balcony of her sponsor's apartment. Another Asian 
maid, in August, jumped from the second floor of her sponsor's villa 
and was taken to a local hospital.
    Human rights activists have characterized sexual harassment against 
women in the workplace as a pervasive but unreported problem. In 
October 10 adolescent males in the fifth grade were expelled from 
school for allegedly sexually harassing their female teacher.
    Foreign-born domestic employees have the right to sue their 
employers for abuse, but few do so, fearing judicial bias and 
deportation. Local news sources reported a few criminal cases filed 
against abusive employers by domestics, but informal out-of-court 
conciliation was attempted in most cases, usually with the assistance 
of the domestic's source country embassy. The Government deported many 
runaway domestics. A specialized police facility and a government 
domestic labor office investigated and resolved some complaints. In 
April 2003, the Government licensed a new union, the Kuwait Union of 
Domestic Labor Offices, charged with monitoring the activities of labor 
recruitment agencies and raising awareness among employers on the 
treatment of domestics. During 2003, the union distributed educational 
brochures to both employers and newly arrived domestics on their rights 
and obligations.
    In August, the Emir's private plane was used twice to repatriate 
hundreds of stranded Sri Lankan citizens who had suffered abuse while 
in the country. Hundreds of Filipina maids who managed to escape from 
their sponsors' homes also were repatriated to Manila after seeking 
refuge within the Philippine Embassy. During the year, nearly 200 
Indonesian domestic workers were repatriated via Kuwait Airways charter 
flights with the assistance of the Foreign and Interior Ministries. The 
Ministry of Interior sometimes paid for return airline tickets for 
runaway or abused domestic servants if their employers refused to 
provide tickets. Some NGOs, such as the Kuwait Human Rights Society and 
the Kuwait Friendship Society, also have paid for return airline 
tickets or legal fees on behalf of runaway or abused domestics. 
Employers often accused their runaway domestics of theft or other 
crimes to avoid furnishing tickets. In such cases, the domestics often 
were deported without owed compensation. The Ministry of Interior 
blacklisted some delinquent employers, preventing them from sponsoring 
additional domestics. In practice, some blacklisted employers were able 
to hire new domestics due to their connections with police officials or 
other authorities.
    The Government prosecuted some employers accused of abusing their 
foreign-born domestic servants. In March 2003, the High Court of 
Appeals overturned the acquittal by the Criminal Court of a female 
citizen charged with beating and burning her maid with an iron bar by 
fining her approximately $3,400 (1,000 KD) and ordering her to sign a 
pledge of good conduct. In practice, however, enforcement of such 
pledges appears to be weak. In February 2003, police detained a male 
citizen for allegedly raping his housemaid repeatedly over a period of 
1 year. The maid took shelter in her source country embassy during the 
year.
    There were a number of cases still pending resolution in which 
foreign-born domestic employees were tortured, severely beaten, or died 
at the hands of their employers. There were no developments in the 2002 
case of an Indian maid who was beaten severely and tortured.
    Runaway servants, including many women alleging physical or sexual 
abuse, often seek shelter at their country's embassy pending 
repatriation or a change in employer (see Sections 6.c. and 6.e.). Of 
an estimated 500,000 domestic servants in the country, approximately 
1,000 women were reported to be in informal shelters run by source-
country embassies during the year. Many runaway domestics remained in 
embassy shelters for months pending new employment or departure from 
the country. The Government does not prevent runaway domestics from 
seeking shelter in their host country embassies. There are no official 
shelters for victims of domestic violence or abuse in Kuwait. There are 
a few unofficial homes for abused children nominally run by the 
Ministry of Social Affairs and Labor.
    Some unemployed, runaway foreign domestic workers were susceptible 
to recruitment into prostitution. In January 2003, a Bangladeshi man 
allegedly detained three Asian women inside an apartment in a remote 
district and forced them into prostitution. In May 2003, a Bangladeshi 
man and two accomplices allegedly kidnapped two Asian women, detained 
them inside an apartment, and forced them into prostitution. Police 
arrested the man in May 2003. 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 several 
reports during the year of procurers kidnapping maids off the street 
and forcing them into prostitution.
    ``Honor crimes'' are prohibited; however, some provisions of the 
penal code reduce penalties for these crimes.
    In 2002, the High Court of Appeals upheld the original 2002 
Criminal Court verdict sentencing a woman to life imprisonment and her 
three male accomplices to death for a 2002 ``honor'' killing of a 6-
year-old girl. The citizens filed an appeal during the year, and the 
Supreme Court of Appeals began considering their appeal in December 
2003.
    There were some reports of women, mainly from Asia, who were 
trafficked into the country into situations of coerced labor, where 
they often suffered from physical abuse or other extreme working 
conditions. Some female domestic servants, who ran away from their 
employers due to abuse or poor working conditions, were recruited or 
kidnapped into prostitution.
    Women continued to experience legal, economic, and social 
discrimination. Women do not have the right to vote (see Section 3) or 
run for election to the National Assembly. 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.). 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. Citizen families (a ``family'' must always include a male) 
are entitled to receive a plot of land and an approximately $238,000 
(70,000 KD) interest-free government loan (``housing allowance'') 
through the Credit and Savings Bank to purchase a house. The Government 
registers the house in the names of both the husband and the wife. 
However, in case of divorce, a female citizen loses her rights to the 
house regardless of any payments she may have made on the loan. She may 
continue to reside in the house if she has custody of any minor 
children resulting from the marriage, but she must move once the 
children reach age 18. A divorced single mother and her minor children 
or a female citizen married to a foreign national cannot, by law, 
qualify for the government housing allowance.
    The Government makes family entitlement payments approximately $170 
(50 KD) per child up to the seventh child to the employed parent, 
almost always the father. In divorce cases, the Government continues to 
provide these payments to the divorced father, who is expected by law 
and custom to provide for his children, although custody of minor 
children is almost always awarded to the mother.
    The law provides for female ``remuneration equal to that of a man 
provided she does the same work.'' This provision often was not 
generally respected in practice. The law prohibits women from working 
in ``dangerous industries'' and trades ``harmful'' to health. Educated 
women maintained that the conservative nature of society limited career 
opportunities. An estimated 33 percent of female citizens of working 
age were employed. Many women were employed as professors, attorneys, 
physicians, bankers, engineers, and businesswomen. A few women have 
been appointed to senior positions in the Ministry of Education, 
Ministry of Planning, and the state-owned Kuwait Petroleum Corporation. 
There was one female ambassador and two female undersecretaries; 
however, there were no female judges or prosecutors. During 2003, the 
Government appointed and assigned female diplomats overseas to expand 
the public position of women.
    There is no specific law that addresses sexual harassment; however, 
serious problems remained.
    The law discriminates against female citizens married to foreign 
men. Unlike male citizens, such women are not entitled to government 
housing subsidies. 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.
    Many classes at Kuwait University are segregated by gender. 
Construction is underway on a separate campus for female students, who 
comprise approximately 70 percent of the total student body at the 
university.
    Polygyny is legal; however, it is more common among tribal elements 
of the population.
    Several organizations followed women's issues, among the most 
active of which were the Women's Cultural and Social Society, the 
Women's Affairs Committee, Kuwait Economic Society, Kuwait Human Rights 
Society, and the Social Reform Society Women's Committee.

    Children.--The Government is generally committed to the rights and 
welfare of citizen children. Citizen boys and girls receive a free 
education through the university level, often including advanced 
degrees and the opportunity to study abroad. Primary education is 
universal and compulsory. UNICEF estimates net primary enrollment at 66 
percent. The Government provides free health care and a variety of 
other services to citizen children; non-citizen children must pay a 
small fee to be admitted into a health facility and pay additional fees 
for specialized care.
    Citizen parents also receive a monthly government allowance of 
approximately $170 (50 KD) for each child up to the seventh child. The 
Government makes these payments to the employed parent, usually the 
father, and continues to provide these payments to the father even if 
the parents are divorced and the father does not have custody of the 
children. There is no legal requirement governing its use and anecdotal 
evidence suggests that many non-custodial fathers were not using it to 
contribute to the care and welfare of their children. There did not 
appear to be any monitoring of how the funds are spent.
    There was no societal pattern of abuse; however, there were some 
cases of young children raped by men or gangs of youths. In September, 
an Army first lieutenant allegedly kidnapped and molested a 10-year old 
boy. The suspect has reportedly confessed to the crime. In April, the 
Court of Cassation, the Supreme Court of Appeals, upheld a death 
sentence for two Saudi brothers and a Kuwaiti for the 2002 kidnapping, 
rape, and murder of a 6-year-old girl. In December 2003, the Public 
Prosecutor referred to the Criminal Court the case of a citizen teacher 
accused of raping an 11-year-old boy.
    In February 2003, a police officer allegedly raped a 9-year-old 
male citizen. In June 2003, the Criminal Court sentenced a male citizen 
to death for kidnapping, raping, and murdering a Pakistani child. The 
citizen appealed the verdict, and the High Court of Appeals began 
hearing testimony in December 2003. There were incidents of arrests in 
some child abuse cases but no reported convictions.
    There are a few unofficial homes for abused children nominally run 
by the Ministry of Social Affairs and Labor. There are credible reports 
that some caretakers abuse some of these children while they are living 
in these homes, or that they are used for prostitution. The conditions 
in these homes are reportedly very poor.
    Some tribal groups continued to marry girls under age 17.
    There were credible reports of underage South Asian and Southeast 
Asian girls working as domestic servants.
    Young boys, reportedly from South Asia and Africa, were trafficked 
into the country to be used as camel jockeys. Many of the jockeys came 
to the country from racing during the season in other Gulf nations. 
Some boys as young as 5 or 6 years old were reportedly used as camel 
jockeys. In response to growing criticism, the Government mandated in 
2003 that all camel jockeys must be at least 18 years of age. In early 
part of the year, camel races continued to take place involving young 
boys approximately 5 or 6 years of age. In March, the Ministry of 
Social Affairs and Labor issued a decree banning the employment of 
children under the age of 18 and placing a minimum weight regulation of 
45kgs (approximately 100 lbs). There was no indication that underage 
children were used as camel jockeys after April.
    There were no reported cases of sexual exploitation of youths used 
as camel jockeys.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, although laws against slavery, prostitution, 
forced labor, coercion, kidnapping, and other acts can be used 
collectively to prosecute traffickers. The Government has ratified some 
international conventions that commit it to apply these laws. The 
country is a destination for internationally trafficked men, women, and 
children. The problem principally is one of foreign workers, mostly 
female, coming to work as domestic servants but being abused by their 
employers or coerced into situations of debt bondage or involuntary 
servitude.
    During the year, the Government highlighted its efforts to combat 
trafficking and improve protections for female workers. In January, 
high-level government officials, labor representatives, and NGOs 
participated in the first-ever public trafficking in person (TIP) 
seminar held in the country to discuss the treatment of domestic 
servants and propose solutions to improve protection of their rights 
and welfare. The Interior Ministry (MOI) required all Kuwaiti sponsors 
to sign a standardized contract with the labor recruitment agency, 
outlining the rights and responsibilities of both parties. MOI 
officials also claim that the Government has revoked the licenses of 
556 poor performing and abusive labor recruitment agencies since 1993. 
There are 514 licensed agencies currently operating.
    In at least a dozen incidents reported by local newspapers during 
2003, procurers kidnapped domestic servants and other foreign-born 
female workers off the street and forced them into prostitution. Most 
victims do not report these crimes. During 2003, there were several 
reported incidents of police raiding prostitution rings and arresting 
both organizers and prostitutes. In February 2003, the Criminal Court 
fined an expatriate woman approximately $10,200 (3,000 KD) and 
sentenced her to 3 years in jail, followed by deportation, for running 
a brothel and forcing other expatriate women into prostitution. In 
March 2003, police arrested six men and seven foreign prostitutes in a 
2-hour crackdown in Farwaniya district. In April 2003, police raided 
three prostitution ``houses'' and arrested 10 Asian female prostitutes 
in an outlying district, Jleeb Al-Shuyoukh, populated mainly by 
expatriate workers.
    In January 2003, the High Court of Appeals upheld the verdict of 
the Criminal Court and sentenced a Bangladeshi man to death for 
kidnapping, raping, and forcing two foreign women into prostitution. 
The man reportedly bought one of the women for $850 (250 KD) from 
another unidentified man. In February 2003, the Court of Appeals upheld 
the verdict of the Criminal Court and sentenced a woman to 3 years in 
prison and imposed a $10,200 (3,000 KD) fine for running a prostitution 
ring and holding several foreign women captive. In 2002, a foreign 
development agency report on female foreign workers in the country 
revealed that in most trafficking cases, local manpower agents or visa 
traders had promised women domestic work. However, upon arrival, 
numerous migrants were expected to provide sexual services in addition 
to their domestic duties, and some were forced to engage in 
prostitution exclusively.
    The Government took some measures to help combat trafficking. A 
conciliation center attached to a district police station processed 
some complaints filed by domestic servants or their source country 
embassies against abusive or exploitative employers. A government 
domestic labor office, under the authority of the Ministry of Interior, 
investigated and resolved some labor complaints. The Government formed 
an inter ministerial committee of representatives from the Ministry of 
Foreign Affairs, Ministry of Interior, and Ministry of Social Affairs 
and Labor to discuss strategies for protecting the rights of domestic 
employees. The committee held its first meeting in May 2003. In April 
2003, the Government approved the establishment of a new association, 
the Kuwait Union of Domestic Labor Offices, to monitor more closely the 
activities of domestic labor recruitment agencies in the country and to 
educate employers and domestics about their rights. At year's end, 50 
labor recruitment agencies, reportedly representing about 70 percent of 
all domestic servants in the country, were members of the association. 
There were no specific reports of government or police involvement in 
trafficking during the period covered by this report.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities and imposes penalties against 
employers who refrain from hiring persons with disabilities without 
reasonable cause. There was no reported discrimination against persons 
with disabilities in employment, education, or in the provision of 
other state services. In 1996, the National Assembly passed legislation 
on the rights of persons with disabilities. The law mandates access to 
buildings for persons with disabilities, and the Government generally 
enforced these provisions in practice The Government paid stipends to 
citizens with disabilities, which covered transportation, housing, job 
training, and social welfare. There were no similar provisions for non-
citizens.

    National/Racial/Ethnic Minorities.--The legal status of tens of 
thousands of bidoon residents remained unresolved. The bidoon (an 
Arabic term meaning ``without'' as in ``without citizenship'') are 
Arabs who have residency ties to the country, some persisting for 
generations and some for briefer periods, but who either lack or have 
failed to produce documentation of their nationality. The exact number 
of bidoon residents is unknown, but has been estimated at upwards of 
100,000. Since the mid-1980s, the Government has actively discriminated 
against the bidoon in areas such as education, medical care, employment 
and mobility.
    In a positive change from the past, this year, the Ministry of 
Education approved free education for all children of bidoon parents. 
This change took effect with the September opening of the school year. 
During the year, it was also announced that bidoon would receive free 
health care starting at the beginning of 2005. Reportedly, the Health 
Ministry will no longer ask for fees from bidoon. The Waqf Health Fund, 
a partially government-funded program, has signed contracts with 
several insurance companies to pay the fees for bidoon health services.
    Although the Government eliminated the bidoon from the census rolls 
and discontinued their access to most government jobs, some bidoon work 
in the armed forces and are now being accepted in the institutions of 
the Public Authority for Applied Education and Training. The Government 
has denied the bidoon official documents such as birth certificates, 
marriage certificates, civil identification, and drivers' licenses, 
which made it difficult for many unregistered bidoon, particularly 
younger bidoon, to find employment. The Government does not issue 
travel documents to bidoon routinely, and, if bidoon travel abroad 
without documentation, they risk being barred from returning to the 
country unless they receive advance permission from immigration 
authorities. The children of male bidoon inherit their father's 
undetermined legal status, even if born to citizen mothers.
    Only bidoon registered by June 27, 2000, could begin the process 
under which they could be documented as citizens. According to this 
law, 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 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 approximately 1,600 in 2003. 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.
    Many bidoon are unable to provide documentation proving sufficient 
ties to the country or present evidence of their original nationality, 
as they are truly stateless. Others (the Government claims 26,000 over 
the past several years) have disclosed their true nationalities and 
have obtained passports from their countries of origin (Iraq, Iran, 
Syria, Jordan, and Saudi Arabia). Once documented, bidoon are able to 
obtain residency permits and other official papers.
    The political, economic, and long-term budgetary implications 
associated with extending citizenship (and the generous welfare 
benefits that come with it) to the equivalent of roughly 5 percent of 
the population have rendered the issue highly divisive. Some National 
Assembly members have threatened to question cabinet ministers, 
including the Minister of Education and Prime Minister, publicly over 
the issue. During 2003, the Ministry of Defense approved granting 
citizenship to an estimated 400 bidoon who participated in the 
liberation of the country from Iraqi occupation. The Minister of 
Interior proposed that deceased bidoon among the ``Kuwaiti missing 
persons'' whose remains had been identified in Iraq be naturalized, 
thereby allowing their surviving bidoon family members to gain 
citizenship. This proposal had not yet been approved at year's end.
    In 2002, the Government mandated that those who did not register by 
the June 27, 2000 cut-off date and did not rectify their nationality 
status by either disclosing their true nationality or furnishing 
evidence of their citizenship would be subject to deportation as 
illegal residents. However, no such action was taken. There were no 
reports during the year of the Government deciding the nationality of 
any bidoon without a hearing. As a result of what allegedly were 
fraudulent citizenship applications, the Government brought forgery 
charges against several bidoon applicants since July 2001. The only 
reported forgery conviction was in 2001. There continued to be reports 
of bidoon obtaining false documents in order to apply for citizenship.
Section 6. Worker Rights
    a. Right of Association.--The law provides that most workers have 
the right to join unions. Foreign laborers employed as domestics 
constitute a third of the foreign labor force and are specifically 
excluded from the right to associate and organize. However, for those 
workers who can join unions, the Government restricted the right of 
freedom of association to only one union per occupational trade, and 
permitted unions to establish only one federation.
    Approximately 60,000 persons, less than 4 percent of a total work 
force of 1.55 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 much of the private sector. Only about 12.5 
percent of employed citizens worked in the private sector during the 
year. Despite KTUF complaints about the need for an updated law, draft 
proposals for a new labor law have stalled for more than 10 years.
    The Government licensed 20 new unions during the year, including 
EQUATE Petrochemicals Company Workers Union, the Kuwait Company for 
Gulf Oil Workers Union, the Kuwait Ports Authority Workers Union, and 
the National Council for Culture, Arts, and Letters Workers Union.
    In 2003, the Government implemented the National Manpower Support 
Law, a new law aimed at increasing the number of citizens employed in 
the private sector. During the year, the Ministry of Social Affairs and 
Labor reported that Article 15 of this law, requiring the establishment 
of a bank account for every foreign worker to ensure that workers are 
paid in a timely and transparent manner, had been ratified and is 
enforced. Interviews with foreign embassy officials representing some 
of the largest numbers of laborers in the country, as well as 
interviews conducted with a large cross section of domestic and 
unskilled foreign laborers indicated that, in practice, Article 15 
often was not enforced.
    Also in 2003, the Government overturned a 1985 Council of Ministers 
decree prohibiting the licensing of new associations (NGOs, syndicates, 
and unions). The former Social Affairs and Labor Minister licensed 18 
new worker ``syndicates'' in the presence of ILO officials the same 
year. There is a workers syndicate for the Health Ministry, the 
Education Ministry, and various other ministries. Syndicates, referring 
to a sector-specific grouping of workers, collectively, comprise 
unions, such as the Government Worker's Union, although these terms can 
be used interchangeably. Workers' unions are essentially treated as 
para-statal organizations (NGOs in local parlance), which receive large 
government subsidies for infrastructure and operating costs after 
vetting and approval by the Ministry of Social Affairs and Labor. The 
expanded unions tend to benefit only citizen laborers employed in the 
public sector, while expatriate workers continue to face restrictions. 
The ILO has urged new syndicates, and all unions, to expand their 
membership base and raise their own funds in order to preserve their 
independence from government interference. As a result, many of the 
syndicates and unions are pressing for greater GOK subsidies, the 
Government is reluctant to license additional syndicates or NGOs.
    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 
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 Emir 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 law subordinates the legal 
existence of the unions to the power of the State; however, no union 
has been dissolved.
    The most recent government statistics cite approximately 1.26 
million foreigners as employed in the country, comprising over 80 
percent of the labor force. However, foreign workers constitute less 
than 5 percent of the unionized work force. The labor law discriminated 
against foreign workers by denying them voting rights and permitting 
them to join unions only after 5 years of residence, although the KTUF 
stated that this requirement was not widely enforced in practice. Any 
foreign worker covered under the labor law, which excluded maritime 
workers and an estimated 500,000 domestic servants, could submit a 
grievance to the Labor Office regardless of union status; however, such 
services were not utilized widely.
    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 such 
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.
    In August, the Government commissioned the KTUF to examine the 
issues involved in establishing formal representation of foreign 
workers in the country. Although no action has been taken on this 
measure, such a move would dramatically alter the nature of labor in 
the country, permitting across-the-board demands for wage increases and 
better working conditions.

    b. Right to Organize and Bargain Collectively.--With the notable 
exceptions of the country's approximately 500,000 domestic servants and 
maritime employees, the labor law provides workers with the rights to 
organize and bargain collectively, subject to certain restrictions, and 
the Government generally respected them in practice. Domestic servants 
may not organize or bargain collectively; they suffer from low wages 
and often abuse at the hands of their employers. The labor law does not 
provide for a minimum wage for either domestic servants or private 
sector workers. Foreign private sector workers are allowed to join 
unions, but they are barred from leadership positions.
    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 
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 employers. Technically, the 
Government is responsible for establishing wages and employment 
conditions for civil service workers but generally determined benefits 
in consultation with civil service unions. Union officials resolved 
most issues at the working level and had regular access to senior 
officials.
    The law limits the right of workers to strike. It requires all 
labor disputes to 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 Social 
Affairs and Labor has been responsive to sit-ins or protests by workers 
who faced obvious wrongdoing by their employers. In June, supervisors 
of the Social Correction House staged a sit-in to protest its failure 
to provide enough protection against minor criminals and to seek better 
working conditions. In September, the Justice Ministry Workers Union 
staged a sit-in to protest workplace discrimination. Also in September, 
lawyers staged a sit-in at the Palace of Justice to protest alleged 
professional violations against a fellow attorney. During 2003, there 
were two partial strikes by employees of the Kuwait Municipality and 
the Finance Ministry; both were reportedly resolved amicably, and the 
employees attained most of their demands.
    The Government cooperated closely with the ILO, which maintained a 
representative office in the country. The ILO Regional Director for 
Arab States visited the country during 2003 and met with the Minister 
of Social Affairs and Labor to discuss labor reform issues. The ILO 
sent two senior officials in November 2001 to advise the Government on 
how to improve the country's labor situation. 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, but it has not yet 
submitted them to the National Assembly for ratification. The remaining 
two are #98 regarding freedom of association and collective bargaining 
and #100 regarding equal remuneration. These ILO conventions are a long 
way from ratification, as the recommendation has not yet been sent to 
the Cabinet for review and presentation to the National Assembly.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced labor ``except in cases specified by law for national 
emergency and with just remuneration''; however, many unskilled foreign 
workers were treated like indentured servants (see Section 6.e.). The 
Constitution prohibits forced and compulsory labor by children; 
however, there were credible reports early in the year 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 are particularly 
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 or sexual abuse (see Sections 5 and 6.e.). Domestic servants 
who run away from their employers as a result of abuse or poor working 
conditions are routinely treated as criminals under the law as they 
fall under the purview of the Ministry of Interior rather than the 
Ministry of Social Affairs and Labor. There were dozens of reports 
during the year of police arresting and charging domestic servants with 
crimes such as violating immigration procedures, for attempting to 
escape from abusive employers. The police typically regarded such 
problems as matters of law and order, and not as legitimate labor 
conflicts. Employers or local labor recruitment agencies routinely 
withheld wages from domestic servants to cover the costs involved in 
bringing them to the country.
    There were credible reports of illegal visa trading, a system by 
which local sponsors agree to extend their sponsorship (in name only) 
to foreign workers in exchange for a fee in the range of $1,500 to 
$4,000 (450 to 1,200 KD). Middlemen, generally foreigners, attracted 
workers from economically depressed countries, took a commission, and 
remitted the balance to the nominal sponsor. Once in the country, such 
agents transfered workers to employers in the informal sector or to 
parties that would otherwise be unable to sponsor them. Foreign workers 
recruited with 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 were extremely vulnerable to 
extortion by employers, sponsors, and middlemen.
    Visa and residence trading has resulted in a growing number of 
unemployed foreign workers in the country. Many are unable to earn 
enough money to pay the illegal fees often charged by their local 
sponsors or local labor recruitment agencies in exchange for residency 
and work permits. Many suffered from abuse or mistreatment at the hands 
of their unofficial employers. Abused foreign workers employed on the 
basis of illegally traded visas typically failed to report incidents of 
abuse or poor working conditions to authorities due to their illegal 
immigration status. Government efforts to stop visa trading, such as by 
closing front companies for visa traders, have not made significant 
progress. There are laws aimed at curbing visa trading, with penalties 
against both employers and visa traders; however, the Government seldom 
enforced these laws.
    The Labor Inspection Department of the Ministry of Social Affairs 
and Labor was responsible for carrying out routine inspections of all 
private firms to ensure that all registered foreign workers are 
actually employed by their legal sponsors. The Ministry suspended the 
files of employers caught violating labor regulations. During its most 
recent review, the Ministry of Labor reported 5,154 labor violations 
from 1,200 firms. There were 826 work permit dispute complaints and 
1,078 individual labor-related work complaints. Many of these 
``violations'' involved occupational health, environmental, and safety 
problems, and poor working conditions. The ministry has reportedly 
suspended over 1,500 employer files to date for possible labor 
violations.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Law prohibits child labor, forced or compulsory labor, and 
exploitation of workers. Child labor was not a significant problem; 
however, there were credible reports of some South and Southeast Asian 
children under 18 years of age working as domestic servants. Such 
underage workers reportedly falsified their ages in order to enter the 
country. Some very young boys (reportedly from the Sudan, Bangladesh, 
Pakistan, Eritrea, and Yemen) also were used as camel jockeys (see 
Sections 5 and 6.c.). In March, the Ministry of Social Affairs and 
Labor issued a decree banning the employment of children under the age 
of 18 and placing a minimum weight regulation of 45 kilograms 
(approximately 100 pounds). The decree, however, references parental 
consent implying that employment and not participation is being banned. 
Despite this legal loophole, there was no indication that underage 
children were used as camel jockeys after April. Some businessmen 
employed their children on a part-time basis.
    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.
    The Government has ratified 18 ILO conventions, including 6 of the 
8 core conventions. Among the ratified conventions are those 
prohibiting servitude and forced labor, and Convention 182 concerning 
the prohibition and elimination of the worst forms of child labor. The 
Labor Inspection Department of the Ministry of Social Affairs and Labor 
inspected private firms routinely during the year to monitor compliance 
with labor laws, including those against child labor. There were no 
reported Government programs to prevent exploitative child labor or 
remove children from such labor.

    e. Acceptable Conditions of Work.--The Ministry of Social Affairs 
and Labor is responsible for enforcing all labor laws. An 
institutionalized 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. Some Bangladeshi 
domestic workers reportedly earned as little as $71 (21 KD) per month. 
There was no legal minimum wage in the private sector. In the public 
sector, the monthly legal minimum wage was approximately $771 (227 KD) 
for citizens and approximately $306 (90 KD) for non-citizens. However, 
non-citizens do not receive the same social benefits as citizens and 
must pay fees for education and health care, which are provided free 
for all citizens. The Government maintains a two-tier health care 
system that provides substantially lower quality care to non-citizens. 
The best, most effective medicines, even for serious illnesses, and 
certain kinds of specialized treatment officially were reserved for 
citizens.
    Private sector wages ranged from $10,200 (3,000 KD) each month for 
top managers of large companies to between $510 to $2,550 (150 to 750 
KD) for other skilled professionals and 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 $119 (35 KD) per month. To be eligible to sponsor family members 
for residency, government and private sector workers must receive a 
minimum wage of $1,360 (400 KD) per month. Many foreign workers who met 
or exceeded the minimum income threshold often waited months for 
government approval to sponsor their immediate family members to the 
country. During 2003, the Government exempted public school teachers 
from the minimum salary threshold for sponsoring family members.
    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 working conditions for the 
public sector, which consisted almost entirely of citizen workers. The 
labor law limits the standard workweek to 48 hours with 1 full day of 
rest per week, 1 hour of rest after every 5 consecutive hours of work, 
provides for a minimum of 14 workdays of leave each year, and 
establishes a compensation schedule for industrial accidents. In 2000, 
the Government implemented an unemployment allowance program for 
citizens unable to find jobs in the public sector or with private 
companies. The program provides regular allowance payments averaging 
$340 (100KD) to unemployed citizens until they found jobs. There were 
no reported cases of abuse of this program during the year. Domestic 
servants, who specifically are excluded from the labor law, and other 
unskilled foreign workers in the private sector frequently worked 
greatly in excess of 48 hours, often with no day of rest and no annual 
leave.
    In amendments to the Labor Law in the Private Sector implemented in 
1997, the Government extended 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 working conditions 
were not applied uniformly to foreign workers.
    During the year, the Interior Ministry's Domestic Labor Department 
implemented new measures designed to protect the welfare of domestic 
servants. The first was an extension from 3 to 6 months during which 
labor recruitment agencies are responsible for resolving labor disputes 
involving domestic servants. If problems occur after the 6-month 
period, the sponsor or employer is responsible by law to resolve them. 
The Interior Ministry has implemented a new arrangement whereby a 
ministry officer investigates and resolves labor disputes in 
cooperation with the laborers' representative embassies. Officers have 
been assigned within the Domestic Labor Department to liaise 
specifically with the Indonesian, Philippine, Sri Lankan, and Indian 
Embassies on labor problems.
    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 enterprises to raise awareness among 
workers and employers and to ensure that they abided by safety rules, 
controlled the pollution resulting from certain dangerous industries, 
trained workers who used 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, Government 
attention to worker safety issues remained insufficient, resulting in 
poor training of inspectors, inadequate injury reports, and no link 
between insurance payments and accident reports.
    The law provides that all outdoor work stop in the event that the 
temperature rises above 120 degrees Fahrenheit; however, there were 
allegations that the Government's Meteorological Division falsified 
official readings to allow work to proceed. The Meteorological Division 
consistently denied these allegations. In the past, recorded 
temperatures reached 120 degrees Fahrenheit, but work reportedly 
continued at many outdoor locations.
    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 legal remedies. They frequently faced contractual 
disputes and poor working conditions, and sometimes physical and sexual 
abuse (see Sections 5 and 6.c.). Most were in debt to their employers 
before they arrived in the country, and they had little choice except 
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 in violation of their 
labor contracts. 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. 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 filed a claim, the 
courts decided the amount of compensation, which was typically paid in 
a lump sum rather than in 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. Adequate and affordable health care is a serious problem 
for many foreign workers. Official health policies discriminated 
against foreigners in the provision of medicines and treatment. 
Foreigners must pay yearly medical coverage fees to the Ministry of 
Health and additional fees each time they received medical care, 
required tests, specialized procedures, or medication. Many employers 
deducted the medical fees from employees' salaries. Foreign workers and 
their family members must pay these yearly government-mandated medical 
coverage fees to obtain or renew residency or work permits. In 
September 2003, more than 1,000 foreign workers protested at the 
Ministry of Health against reported delays in processing their medical 
claims (see Section 2.b.). The Ministry reportedly called in security 
officials to disperse the crowd. There were no reports of violence or 
arrests.
    It was common for employers to confiscate and withhold the 
passports of their domestic servants illegally, preventing them from 
departing the country. Maids paid the same amount or more than other 
unskilled or semiskilled workers for visas to work in the country.
    Runaway servants often sought refuge at their source country 
embassies for either repatriation or assistance in dealing with 
employers. The number of runaway servants in need of assistance 
remained significant 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 or sexual abuse. Some embassies continued to report the steady 
occurrence of physical abuse and mistreatment involving domestic 
servants, including withheld salaries, overwork, and inadequate food. 
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, with some 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 such cases and often side with the employer. 
Source country embassies reported widespread police harassment of and 
discrimination against domestic servants during the year (see Sections 
5 and 6.c.).
    Some countries warned their female citizens about the risks of 
exploitation or banned them altogether from working in the country as 
domestic servants. Some years ago, the Government of India temporarily 
banned its nationals from working in the country as domestic employees, 
but Indian nationals continued to buy visas and enter the country as 
domestic workers. The Government of India limits the granting of 
domestic work permits for the country to women over age 30 and only 
from specific states, which has helped reduce some employment problems. 
The embassy reported that it received approximately 40 calls per month 
from Indian workers, including domestic servants, complaining of 
employment problems. The Embassy of Bangladesh estimated that 90 
percent of the approximately 160,000 Bangladeshi workers in the country 
were unskilled laborers and that 30 percent of these workers received 
no salaries from their private sector employers, while 10 percent of 
Bangladeshi domestics were paid nothing beyond room and board. The 
embassy reported that it received approximately 100 calls per month 
from Bangladeshi workers, including domestic servants, complaining of 
serious employment problems. Of the approximately 130 runaway Filipina 
domestic servants in the Philippine Embassy shelter, on average, at any 
given time during the year, approximately 30 percent reported some form 
of mistreatment by their employers and 6 percent reported sexual abuse.
    The courts rule in favor of employees in an estimated 90 percent of 
the labor disputes they hear; however, no legal mechanism exists to 
enforce judgments. There is no compulsion for employers to obey court 
rulings, and workers often do not receive court ordered compensation. 
Employers also reportedly use illegal methods to pressure foreign 
employees to drop cases against them, such as withholding their 
passports, encouraging police intimidation and brutality, threatening 
deportation, and filing criminal charges against them for fabricated 
crimes, such as theft.

                               __________

                                LEBANON

    Lebanon is a parliamentary republic in which 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. In September, in a locally unpopular move, Syria 
pressured parliamentarians to pass a Constitutional amendment to extend 
President Lahoud's term for 3 additional years; it will now end on 
November 24, 2007. The Parliament consists of 128 deputies, equally 
divided between Christian and Muslim representatives. In the 2000 
parliamentary elections, incumbent Prime Minister Salim al-Hoss lost 
his seat in a contested election, and former Prime Minister Rafiq 
Hariri then was named Prime Minister by President Lahoud. According to 
international observers, the elections were flawed; however, there 
reportedly were fewer voting irregularities than in the 1996 
parliamentary elections. The Constitution provides for an independent 
judiciary; however, in practice, it was subject to political pressure.
    Syrian military and Lebanese and Palestinian militias, particularly 
Hizballah, retained significant influence over much of the country. 
Approximately 15,000 Syrian troops were stationed in locations 
throughout the country, excluding the area bordering on Israel in the 
south of the country. In September, Syria claimed to have carried-out a 
redeployment of its troops in the country, withdrawing approximately 
3,000; however, the actual number is believed to be less than 1,000. An 
undetermined number of Syrian military intelligence personnel in the 
country continued to conduct their activities independently. In 2000, 
following the Israeli Defense Forces (IDF) withdrawal from the south, 
the Government deployed more than 1,000 police and soldiers to the 
former Israeli security zone. However, the Government has not attempted 
to disarm Hizballah, a terrorist organization operating in the region, 
nor have the country's armed forces taken sole and effective control 
over the entire area. Palestinian groups, including armed factions, 
operated autonomously in refugee camps throughout the country.
    The security forces consist of the Lebanese Armed Forces (LAF) 
under the Ministry of Defense, which may arrest and detain suspects on 
national security grounds; the Internal Security Forces (ISF) under the 
Ministry of the Interior, which enforce laws, conduct searches and 
arrests, and refer cases to the judiciary; and the State Security 
Apparatus, which reports to the Prime Minister and the Surete Generale 
(SG) under the Ministry of the Interior, both of which collect 
information on groups deemed a possible threat to state security. These 
security forces committed numerous, serious human rights abuses, 
sometimes acting independently, and other times on instruction of 
senior government officials. Syrian and Palestinian security forces 
operated independently of Lebanese security forces and also committed 
numerous, serious human rights abuses. There were credible reports that 
Lebanese security forces personnel detained individuals on the 
instruction of Syrian intelligence agencies.
    The country maintained a free market economy, with no controls on 
the movement of capital and foreign exchange. The country's population 
of approximately 4.4 million, had an estimated active labor force of 
1.5 million, the majority of which were employed in the service sector 
and in a small industrial sector. Real gross domestic product continued 
to grow at 2 to 2.5 percent annually. While there were no reliable 
government statistics, most analysts estimated unemployment at 20 to 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. The Government also arbitrarily 
arrested and detained persons who were critical of government policies. 
Lengthy pretrial detention and long delays in trials remained problems. 
The courts were subject to political pressure, seriously hampering 
judicial independence. 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. Domestic violence against women and 
children remained problems. There were some restrictions on freedom of 
religion. The Government imposed some limits on freedom of movement. 
Discrimination against women in some areas and widespread, systematic 
discrimination against Palestinians, forced labor, including by 
children, child labor, and the mistreatment of foreign domestic 
servants remained problems. Trafficking in persons was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    On February 11, Mohammad Shreidi, brother of Abdallah Shreidi, 
leader of the Asbat al-Nur Sunni Islamic extremist group, was shot and 
killed by unidentified gunmen near his home in Ayn al-Hilwe. Abdallah 
Shreidi had been critically injured and died 3 months after militant 
Islamists and Palestinian gunmen clashed in May 2003. At year's end, 
there were no arrests in either case.
    On July 6, Hussein Jamil Ramadan was found dead in a detention 
facility run by the SG. The SG claimed that Ramadan committed suicide 
and, in a communique, said that the Prosecutor's office ordered an 
investigation into the matter. Hussein's family doubted the suicide 
story and requested a detailed investigation. At year's end, a final 
report had not been issued.
    On July 19, a man identified as Hizballah member Ghalib Awwali was 
killed by a bomb planted in his car in the Mu'awwad area of the 
southern suburbs of Beirut. Hizballah Secretary General Hassan 
Nasrallah accused Israel of masterminding the killing; at year's end, 
there were no arrests.
    On May 27, the General Confederation of Labor called for a general 
strike to protest high fuel prices. The protest turned violent when 
protestors in Beirut closed roads with burning tires. LAF troops 
attempted to open roads; however, protestors pelted them with stones, 
and LAF troops opened fire on demonstrators killing 5 persons and 
wounding at least 17 others (see Section 2.b.). Several of the 
protesters were arrested and sentenced to 30 to 60 days in jail for 
disturbing the peace and resisting the army; however, no legal action 
was taken against any of the soldiers. at least 17 others (see Section 
2.b.). Several of the protestors were arrested and sentenced to 30 to 
60 days in jail for disturbing the peace and resisting the army; 
however, no legal action was taken against any of the soldiers.
    On August 2, 2003, a man identified as 42-year-old Hizballah member 
Ali Hussein Saleh was killed in a car bomb explosion in Beirut's 
southern suburbs. Some government officials and Hizballah accused 
Israel of carrying out the killing; at year's end, there were no new 
developments in the case.
    No group claimed responsibility for the 2002 killing of American 
citizen missionary Bonnie Weatherall; however, on September 22, 
security forces arrested 14 people they claimed were members of the al-
Qaeda network, and the Prosecutor General announced that the leader of 
the group, Ahmad Mikati, played a role in the Weatherall killing.
    There were no developments in the 2002 killing of Ramzi Irani, the 
officer-in-charge of the banned Lebanese Forces.
    During the year, violent cross-border incidents since the 2000 IDF 
withdrawal, involving Hizballah, Palestinian, and other unidentified 
armed elements, continued.
    In January, Hizballah fighters fired on an Israeli military vehicle 
in South Lebanon after it crossed the international border in the town 
of Marwaheen in the western sector and killed an Israeli soldier. 
Israeli warplanes bombed Hizballah bases in Southern Lebanon in 
retaliation.
    On March 22, Hizballah fired rockets and mortars at Israeli army 
positions in the Sheba' farms and adjacent areas. This attack followed 
eight incursions into Lebanese airspace by Israeli aircraft.
    On March 23, Israeli helicopters targeted guerrillas preparing to 
fire rockets into Israel near Hula. Two members of the Popular Front 
for the Liberation of Palestine-General Command (PFPL-GC) were killed 
and one was wounded.
    On May 5, a cycle of armed exchanges across the Blue Line began. 
Israel carried out more than 20 air sorties over the country. 
Subsequently, Hizballah fired several anti-aircraft rounds with 
shrapnel landing inside Israel. On May 7, Hizballah attacked IDF 
positions in the Sheba' farms with heavy rocket, mortar, and small arms 
fire. One Israeli soldier was killed and five others were wounded in 
the attack. Lebanese authorities asserted that the Hizballah firing had 
been preceded by an Israeli army foot patrol crossing the Blue Line.
    On June 7, unidentified armed operatives, presumed to be 
Palestinians, fired three rockets toward Israel. Two of the rockets 
landed on Lebanese territory and one fell into the sea. In retaliation, 
the Israeli air force attacked a Palestinian installation near Naameh, 
10 kilometers south of Beirut, which was maintained by the PFLP-GC. No 
casualties were reported.
    On July 20, Hizballah snipers fired on an Israeli outpost near 
Chetula, killing two Israeli soldiers. The IDF retaliated with tank 
fire directed at a Hizballah position, killing one operative manning 
the post. That night, there were multiple Israeli flights over Lebanon, 
two of which generated powerful sonic booms over Beirut.
    In October, unknown persons made an attempt on the life of former 
Minister and Druze politician Marwan Hamadeh, allied with Druze leader 
Walid Junblatt in calling for a redirection in Syrian influence in 
Lebanon. A bomb exploded near his car injuring his driver and killing 
his bodyguard. Hamadeh escaped with serious injuries. At year's end, a 
government investigation was underway, but there were no arrests.
    The country's landmine and unexploded ordinance (UXO) problem was 
estimated by the National Demining Office at over 550,000 landmines and 
UXOs throughout the country, with as many as 400,000 of these in the 
former Israeli occupied security zone in the south. From the late 1990s 
to the present, 150,000 landmines and 80,000 UXO's have been destroyed. 
One million square meters of land were cleared during the year, much of 
it returned to productive use. According to the National Demining 
Office, there have been a total of 2,793 landmine victims in the 
country since 1990. During the year there were nine landmine victims, 
most of whom were deminers. Foreign governments continued to support 
these demining efforts.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In January, Hizballah and Israel carried out the first phase of a 
prisoner exchange. As a result, 21 Lebanese prisoners were returned to 
the country on January 29, followed by the January 30 repatriation of 
the remains of 59 Hizballah fighters killed in guerilla operations 
during the Israeli occupation of South Lebanon. Hizballah for its part 
returned the remains of three Israeli soldiers and released IDF 
reservist Elhann Tannenbaum, who was kidnapped in 2000. A second phase, 
a promised Hizbollah investigation into the fate of Israeli airman Ron 
Arad and the release of additional Lebanese prisoners by Israel, which 
was the result of secret negotiations, had not materialized at year's 
end.
    At year's end, the Government had not yet disclosed the findings of 
a 2000 report investigating cases of disappearance during the 1975-89 
civil war.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution does not specifically prohibit torture, 
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. The Government 
acknowledged that 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. Some former Southern Lebanese Army (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 September, Ismail al-Khatib died in custody a week after being 
arrested as a suspected leader of al-Qaeda in Lebanon. The Government 
coroner reported al-Khatib, who was 31 years old, died of a massive 
heart attack, but speculation attributed his death to torture. An 
independent investigation was undertaken by local human rights 
organizations; however, at year's end, no findings had been released.
    During the year, there were credible reports that army intelligence 
held detainees blindfolded and handcuffed in the ``farouj'' position 
(Arabic for ``chicken''). Individuals reportedly were handcuffed with 
their hands at their ankles in a hunched over position for days at a 
time while being interrogated.
    Abuses also occurred in areas outside the Government's control, 
including in Palestinian refugee camps. During the year, there were 
reports that members of the various groups that controlled specific 
camps detained their Palestinian rivals (see Section 1.d.). Rival 
groups, such as Fatah and Asbat al-Nur, regularly clashed over 
territorial control in the various camps, sometimes leading to 
exchanges of gunfire and the detention of rival members.
    Prison conditions were poor and did not meet minimum international 
standards. Prisons were overcrowded, and sanitary conditions in the 
women's prison, in particular, were poor. There were no serious threats 
to health, but indirect threats were noted, such as skin conditions and 
physical and mental stress; the latter was especially noteworthy in 
Yarze prison. The Government did not allocate funds for prison reform; 
however, it allocated funds to build a new detention facility in the 
Biqa' area. The total number of prisoners was estimated at about 5,000, 
of whom one third have yet to be tried or convicted. The Government 
made a modest effort to rehabilitate some inmates.
    During April, the parliamentary Committee for Human Rights carried 
out inspection visits to most of the detention facilities with the 
exception of the facilities run by the Ministry of Defense. The head of 
the delegation stated that the ``central prison of Roumieh faces some 
problems that could be easily resolved.'' However, commenting on the 
women's prisons, he said these prisons do not deserve to be considered 
as stables for animals, and called for their immediate closure. 
Describing the prison in Baabda, he said, ``there are only 5 cells and 
95 inmates and the cells are infested with cockroaches and rodents and 
prisoners are not even exposed to sun.''
    In November, the First Lady inaugurated a renovation in Roumieh 
prison, which was funded by a human rights organization. During June 
2003, she awarded certificates to 44 women held in Baabda prison who 
completed training in hairdressing, cosmetics, and knitting. During May 
2003, 40 prisoners were awarded certificates for computer skills they 
acquired at Roumieh central prison. The ISF donated 20 used computers 
to provide training for more inmates.
    Men, women, and juveniles were held separately in government 
prisons. Although there was some effort to keep pretrial detainees 
separate from convicted prisoners, overcrowding often prevented such 
separation.
    The SG, which is in charge of border posts, operated a detention 
facility for detainees, mostly Egyptians and Sri Lankans, pending 
deportation. Their detention was supposed to be for 1 to 2 months, 
pending the regularization of their status. However, some persons, 
primarily asylum seekers, were detained for more than a year and 
eventually deported.
    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, but they moved him to a more comfortable ground 
level cell in September.
    During the year, local journalists and human rights organizations 
were given access to all prisons except the Yarze prison controlled by 
the Ministry of Defense. During the year, Yarze was visited by members 
of the Human Rights Committee of the Parliament. Any former SLA 
soldiers still in prison were treated as normal prisoners. In September 
2002, 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, the Ministry of Defense continued to refuse 
permission for the ICRC to visit Yarze.

    d. Arbitrary Arrest or Detention.--The law requires the ISF 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.). The 2004 report by the Parliamentary 
Commission for Human Rights estimated that of the approximately 5,000 
persons being held in prison, one third had not been convicted of any 
crime.
    The Code of Criminal Procedure provides 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. 
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 code were not observed in practice.
    Defendants have 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 arrest and 
detention. On several occasions during the year, security forces 
detained and arrested citizens on grounds of national security. 
Protestors were also arbitrarily detained and arrested (see Section 
2.b.). The Government also detained, interrogated, and harassed 
journalists (see Section 2.a.); however, in contrast to previous years, 
there were no instances of physical abuse.
    In September 2003, the SG detained and questioned Samira Trad, 
executive manager of Frontiers Center, a private company that conducted 
studies and advocates for the rights of marginalized people, for her 
human rights activities. Authorities questioned her concerning 
slandering the country and operating an illegal association. 
Subsequently, Trad was released without charges, and has not been 
further harassed.
    The Government initially held incommunicado most of the 3,000 SLA 
members who surrendered to the authorities following the IDF's 
withdrawal in 2000; however, lawyers and family members have since been 
provided access. Most SLA members have served their sentences and have 
been released; others continued to serve their sentences as regular 
prisoners.
    The authorities often detained without charge for short periods of 
time political opponents and opponents of the Syrian Government.
    Palestinian refugees were subject to arrest, detention, and 
harassment by state security forces, Syrian forces, and rival 
Palestinians. For example, Palestinian refugees living in camps were 
not allowed to bring in construction material to repair damaged houses. 
Lebanese security services use this circumstance as leverage to recruit 
informers and buy their allegiance.
    Again, during the year, there were no allegations that the 
Government transferred citizens to Syria, and the nine persons arrested 
by Syrian Forces during and after the civil war and turned over in 2000 
to the Government reportedly were released quietly at the end of the 
year. Abu Haytham Karara, an official of the Progressive Socialist 
Party, who was one of the nine, was deported to Egypt. No formal 
charges were brought against any of the nine. Human rights activists 
believed that there were numerous Lebanese, Palestinians, and 
Jordanians in prolonged and often secret detention. According to a 2002 
AI report, Syrian forces operating in the country carried out searches, 
arrests, and detentions of citizens outside any legal framework. Syrian 
forces in the country continued to influence citizens through 
extralegal means, such as questioning and the threat of detention.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; 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.
    In a speech on September 6, President Lahoud criticized political 
interference in the judiciary and said, ``The judiciary ought to be 
immune from political interference.'' He pledged to fight political 
interference during the next 3 years of his extended mandate.
    The judicial system consists 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 appoints all other judges based on the 
religious affiliation of the prospective judge. A shortage of judges 
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.
    Trials were generally public, but judges had the discretion to make 
a court session secret. There is no trial by jury. Defendants have the 
right to be present at trial and the right of timely consultation with 
an attorney. Defendants have the right to confront or question 
witnesses against them, but they must do so through the court panel, 
which decides whether or not to permit the defendant's question. 
Defendants and their attorneys have access to government-held evidence 
relevant to their cases and the right of appeal. These rights generally 
were observed in practice.
    Defendants on trial for security cases, which were heard before the 
Judicial Council, have the same procedural rights as other defendants; 
however, there was no right to appeal in such cases.
    The Military Court has jurisdiction over cases involving the 
military as well as those involving civilians in espionage, treason, 
weapons possession, and draft evasion cases. Civilians may be tried for 
security issues, and military personnel may be tried for civil issues. 
The Military Court has two tribunals--the permanent tribunal and the 
cassation tribunal--the latter hears appeals from the former. A 
civilian judge chairs the higher court. Defendants on trial under the 
military tribunal have the same procedural rights as defendants in 
ordinary courts.
    During the year, there were several reports that Hizballah 
subjected former SLA operatives who returned to their villages to 
regular harassment including arrest. In July, one parliamentarian 
publicly criticized Hizballah for detaining Fouad Mazraani on the 
accusation of cooperating with the Israelis. Although Mazraani was 
released, the parliamentarian argued that any such action was the 
responsibility of the Government.
    During the year, the Military Court concluded the cases of the 
remaining SLA militiamen who surrendered to the Government following 
the IDF withdrawal. 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. The 
standard defense presented by lawyers was that the Government had been 
unable to defend citizens living under Israeli occupation, and the 
residents had no choice but to work with the occupiers.
    Approximately one-third of the former SLA members received 11-year 
prison sentences and approximately one-third received sentences of 3 to 
4 weeks. The Military Court denied every recommendation for the death 
sentence. Most SLA members have served their sentences and have been 
released; others continued to serve their sentences as regular 
prisoners (see Section 1.d.).
    In 2002, Mahmoud Salim Mahbouba filed a claim that armed 
individuals broke into his house and kidnapped his son, Mohammed, a 
former SLA member who was released from Roumieh prison after serving a 
2-year sentence. Subsequently, Mohammed Mahbouba was released, but by 
year's end, no action had been taken to determine who committed the 
crime.
    In 2001, the bar association lifted the immunity of lawyer Muhammad 
Mughrabi to permit Mughrabi's prosecution for criticizing the country's 
judicial system at a press conference. Subsequently, five different 
penal cases were started against him, but no action was taken on any of 
them during the year.
    There was no action taken in the 77 military and civilian cases of 
Aoun and Ja'Ja supporters. 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, their case remained pending. The court continued to 
schedule sessions, but it repeatedly postponed action.
    In February, in an unprecedented verdict, the penal judge of Beirut 
dismissed charges against 13 anti-Syrian activists (11 Aounists and 2 
Lebanese Forces supporters arrested in August 2001, saying that, 
``having opposing views does not constitute a violation of the law.''
    Palestinian groups in refugee camps operated an autonomous and 
arbitrary system of justice. For example, local popular committees in 
the camps attempted to solve disputes using tribal methods of 
reconciliation. If the case involved a killing, the committees 
occasionally used their good offices to hand over the perpetrator to 
Lebanese authorities for trial.

    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. The law requires that 
prosecutors obtain warrants before entering homes, except when the 
security forces are in close pursuit of armed attackers; however, the 
law was not respected in practice.
    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 security services monitored 
telephone calls but claimed that monitoring occurred only with prior 
authorization from competent judicial authorities.
    Militias and non-Lebanese forces operating outside the area of 
central government authority frequently violated citizens' privacy 
rights. Various factions also used informer networks and the monitoring 
of telephones to obtain information regarding their perceived 
adversaries. Despite a 2000 law regulating eavesdropping, security 
services continued to eavesdrop without prior authorization. 
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.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government limited 
these rights in practice, particularly by detaining and charging 
activists critical of government policies and by intimidating 
journalists and broadcasters into practicing self-censorship. The 
Government censored television and radio broadcasts on a case-by-case 
basis.
    Despite 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 continued to restrict radio and television 
broadcasts in a discriminatory manner. There were 7 television stations 
and 30 radio stations. The Government owned one television and one 
radio station; the remaining stations were owned privately. Inexpensive 
satellite television was available widely.
    Although the Government did not censor broadcasts directly, 
government officials effectively exerted pressure on journalists to 
practice self-censorship. The Government had several legal mechanisms 
at its disposal to control freedom of expression. The SG was authorized 
to censor all foreign magazines and non-periodical 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 the 
Government 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 March, the Surete Generale censored a video clip entitled ``Why 
Are You Emigrating?'' by Najwa Karam, a well-known singer. The 
censorship department at the SG linked the content of the video clip to 
the clashes that occurred between security forces and some students who 
were protesting against youth emigration.
    In September, the SG acted on a recommendation from the Catholic 
Center for Information and banned the distribution of the Arabic 
translation of the book, ``The Da Vinci Code.'' The SG issued a 
communique stating that the printing law banned the introduction and 
distribution of any foreign printed material that could incite 
sectarian tension, harm security, or offend national feelings. As a 
result, local booksellers removed all French, English, and Arabic 
copies.
    In August, Syrian intelligence officials pressured Lebanese 
religious clerics to delete a clause from an official statement that 
called for respecting the Constitution during the presidential 
elections. The clause was omitted from the local printed press although 
most local radio and television stations repeatedly broadcast the full 
text.
    The Government continued to harass, abuse, and detain journalists. 
In March 2003, Adonis Akra, author of a book entitled ``When My Name 
Became 16: 15 Days in Detention,'' was banned from attending the 
signing ceremony at a book festival. The Prosecutor General, Adnan 
Addoum, indicated that Akra signed a petition pledging neither to 
publish his book nor to participate in any advertising activity for the 
book. Akra was among those arrested during a 2001 opposition crackdown. 
Akra and the owner of the publishing house were referred to the 
Publication Court for harming the army, the judiciary, the political 
authority, and the country's relations with a sisterly nation. The 
court had begun a hearing process, and several court hearings were 
conducted; however, at year's end, it was unclear when a verdict would 
be issued.
    In July 2003, on the instructions of the Prosecutor General, Beirut 
Public Prosecutor Joseph Maamari charged Amer Mashmushi, the managing 
director of the daily al-Liwa, with defaming the President of the 
Republic. If convicted, Mashmushi could serve a sentence of up to 2 
years imprisonment and a fine of up to $60,000 (90 million pounds). At 
year's end, Mashushi had not been jailed, but the case was still 
pending in court.
    In November 2003, Beirut Chief Investigating Judge Hatem Madi 
formally indicted self-exiled former general Michel Aoun and charged 
him under Article 288 of the Penal Code for making statements 
unauthorized by the Government which could harm the country's relations 
with a sisterly nation, spreading false news abroad, aggravating 
sectarian tensions, and impersonating a high civilian government 
official when he testified before a foreign government. If convicted, 
Aoun could face imprisonment for up to 15 years and be banned from 
returning to the country. The case was referred to court at the end of 
2003 and, at year's end, a court hearing was scheduled for February 8, 
2005.
    There were no new developments in the 2002 censorship lawsuits 
against the International Herald Tribune for a pro-Israeli 
advertisement of the Anti-Defamation League. In February 2003, the 
Beirut investigating judge issued a permanent search warrant to 
disclose the names of persons responsible for running the 
advertisement. At year's end, the warrant was not cancelled, but 
authorities have said it would not be pursued, and the case was 
regarded as closed.
    On July 13, the Publication Court in Beirut dropped the 2002 
censorship lawsuit against the Saudi-owned Asharq al-Awsat and its 
responsible editor, stating that there was not an intention to ``insult 
the President of the Republic nor to disturb civil order.''
    Still pending was the 2002 lawsuit by the Beirut Public Prosecutor 
against the chairman and news editor of Lebanese Broadcasting 
Corporation International for having ``instigated sectarian discord and 
threatened civil peace'' during its coverage of a shooting incident 
during which eight employees of the Ministry of Education were killed. 
Similarly, still pending was the 2002 case against the Murr Television 
Station (MTV), its political news director, and the host of the 
``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, MTV and Radio Mount Lebanon (RML) remained closed. 
In April 2003, the Lebanese Publication Court of Cassation ruled 
against reopening MTV and RML, marking the end of a series of appeals 
to reverse the September 2002 closure decision. Both had been closed in 
2002 under the Parliamentary Election Law, which stipulates closure for 
broadcasting election propaganda during campaigns.
    During 2002, State Prosecutor Addoum announced that he would 
examine declarations, including television interviews and press 
statements, made by opposition members in the country and abroad after 
the Christian Maronite World Congress held in Los Angeles in June 2002 
in search of incriminating elements. This included statements about 
Syria and the Syria Accountability Act. Addoum ordered security 
agencies to gather information about opposition activities outside of 
the country.
    In general, the Government did not restrict Internet access, and it 
was used widely.
    The Government did not restrict 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 the country, sometimes 
detaining or arresting them (see Sections 1.c. and 1.d.).
    During March, there were several demonstrations and sit-ins. On 
March 8, there were clashes between residents of Beirut's southern 
suburbs of Jnah and Lebanese security forces after residents prevented 
technicians from the national power company, Electricite du Liban, from 
removing illegal electricity connections. LAF and ISF personnel fired 
into the air to disperse protestors. Ricocheting shrapnel injured three 
persons.
    On March 10 and 12, the anti-Syrian Free Patriotic Movement (FPM) 
organized two separate demonstrations in Beirut. These demonstrations 
were carried out despite an order from the Governor of Beirut banning 
demonstrations until the municipal elections were completed in May. The 
first, at the St. Joseph University, protested Syrian occupation, which 
it claimed was leading to youth emigration. When the students attempted 
to take their protests outside the university campus, they were 
prevented by the security forces, which beat the students back with 
rifle butts and batons. Several students and security personnel, 
including a senior ISF officer, were injured. Three students were 
arrested but released shortly thereafter. The second demonstration was 
organized by the FPM to mark the 15th anniversary of the ``war of 
liberation'' launched during 1989 by exiled General Michel Aoun against 
Syrian troops stationed in the country. Riot police, backed by army 
troops, beat protestors and used water canons to break up the 
demonstration. At least 10 students were injured, and 4 were detained 
briefly.
    On April 4, reportedly 10 persons were injured after security 
forces attacked and beat with batons demonstrators attempting to march 
to the U.N. Economic and Social Commission for Western Asia building in 
Beirut. The protestors reportedly sought to submit a petition calling 
for release of Lebanese held in Syrian prisons; the demonstrators 
defied a ban on demonstrations issued by the Governor of Beirut.
    On May 27, the General Confederation of Labor called for a general 
strike to protest high fuel prices. The protest, carried out mostly by 
van and taxi drivers, turned violent when protestors closed roads with 
burning tires in the neighborhood of Hay el-Sullum in the southern 
suburbs of Beirut. When LAF troops attempted to open roads, protestors 
pelted them with stones. LAF troops opened fire on demonstrators 
killing five persons and wounding several others. After the shootings, 
demonstrators stormed the nearby Ministry of Labor and set it on fire. 
The seven-story building was severely damaged. On May 31, the 
Government held a special session to denounce the riots and announced 
compensation for the victims' families, with payments of $33,000 (50 
million Lebanese pounds) each. Forty-eight persons were arrested and 
charged by a military investigator with incitement to riot, resisting 
security forces, and assisting rioters (see Section 1.a.). The military 
tribunal conducted the trial and, on June 19, sentenced all of those 
arrested to imprisonment ranging from 21 to 30 days in jail.
    In June, security services allegedly asked the owner of a Beirut 
hotel not to provide the hotel premises as a venue for an opposition 
meeting. The opposition planned to release the ``Beirut Declaration'' 
that called for the application of the Taif accords that ended the 
civil war, genuine national reconciliation, and national sovereignty.
    The Constitution provides for freedom of association, and the 
Government 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 in some 
cases sent notification of formation papers to the security forces, 
which then conducted inquiries regarding an organization's founding 
members. The Ministry may use the results in deciding whether to 
approve the group. The Ministry at times withheld the receipt, 
essentially transforming a notification procedure into an approval 
process. In December 2003, the State Consultative Council ruled in 
favor of a complaint lodged by a human rights group, ADEL (Justice), 
and annulled a Ministry of Interior circular that turned the 
notification process into an approval process. The council ruled that 
the circular violated the constitutional principle of freedom of 
association and the law of 1909 that provides for the free 
incorporation and management of associations without interference by 
the government. However, in practice, the violations continued at 
year's end. In January, ADEL launched a campaign for the proper 
implementation of the association law.
    Organizations must invite Ministry representatives to any general 
assembly where votes are held for by-law amendments or elections are 
held for positions on the board of directors. The Ministry also 
required every association to obtain its approval for any change in by-
laws; failure to do so could result in the dissolution of the 
association.
    The Cabinet must license all 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.).
    During the year the Government granted licenses to several 
political parties.
    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 religious judges received 
monthly salaries from the Government.
    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 is 
not a legal requirement for religious worship or practice. For example, 
although Baha'is, Buddhists, Hindus, and some evangelical denominations 
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.
    Protestant evangelical churches are required to register with the 
Evangelical Synod, which represents those churches to the Government. 
Representatives of some churches have complained that the Synod has 
refused to accept new members since 1975, thereby crippling their 
clergy's ability to administer to communities with their beliefs. The 
last time a group was registered was the Coptic Church in 1997. Other 
groups, such as the Pentecostal Church, encountered difficulty in 
registering. The Pentecostal Church applied for recognition from the 
Evangelical Sect, but the leadership of the Evangelical Sect refused to 
register new groups in contravention of Lebanese law. The Pentecostal 
Church is pursuing recourse through the Ministry of Interior; however, 
at year's end, it was still not registered.
    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 LAF, through universal conscription and an emphasis on 
professionalism, 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 desirable 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.
    Many family and personal status laws discriminated against women. 
For example, Sunni inheritance law provides 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 Government. 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. In 2002, there were reports that members of the Maronite 
Christian community in Kesirwan, with the knowledge of local clergy, 
occasionally verbally harassed church leaders and persons who attended 
an unrecognized Protestant evangelical church.
    The Arab-Israeli conflict and Israel's occupation of the southern 
part of the country nurtured a strong antipathy toward Israelis, and 
Lebanese media often reflected that sentiment. Hizballah, through its 
media outlets, regularly directed strong rhetoric against Israel and 
its Jewish population and characterized events in the region as part of 
a ``Zionist conspiracy.''
    The television series, Ash-Shatat (``The Diaspora''), which 
centered on the alleged conspiracy of the ``The Protocols of the Elders 
of Zion'' to dominate the world, was aired in October and November 2003 
by the Lebanon-based satellite television network Al-Manar, owned by 
Hizballah.
    Writing a new curriculum for the public schools was one of the 
requirements included in the Taif Accord of 1989 that ended the 
country's civil war. The new curriculum, which began to be implemented 
during the year, included anti-bias and tolerance education. There is 
no specific reference to or designation of crimes as hate crimes in 
legislation.
    In December 2002, a bomb blast destroyed a mosque and shrine in 
Anjar near the border with Syria but injured no one. The shrine 
reportedly was 800 years old and a popular pilgrimage site for Sunni 
Muslims. Local residents stated that a Muslim charitable endowment that 
owned the mosque grounds had been involved in long-running disputes 
with local persons over land ownership in the area. Authorities 
investigated the attack; however, at year's end, no juridical action 
had been taken. Also at year's end, no one had been arrested in 
connection with the 2002 bombing of a Greek Orthodox church in Tripoli 
and the Saint Elias Maronite church in Sidon and the burning of a 
mosque.
    Also in 2002, a Sunni army conscript shot a Christian conscript. 
The security forces chased the culprit and killed him in an exchange of 
gunfire. Security forces arrested a Sunni cleric associated with 
stimulating the attack and charged him with inciting confessional 
violence in connection with the incident; however, he was released 
without prosecution.
    During 2002, an American citizen missionary affiliated with the 
Christian and Missionary Evangelical Alliance was killed in Sidon. No 
group claimed responsibility for the killing, but on September 22, the 
Prosecutor General said that members of the al-Qaeda played a role in 
the assassination (see Section 1.a.).
    For a more detailed discussion, see the 2004 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 are subject 
to compulsory military service and are required to register at a 
recruitment office and obtain a travel authorization document before 
leaving the country. Married women can obtain a passport without their 
husband's signature and approval. Spouses may obtain passports for 
their children who are less than 7 years of age after obtaining the 
approval of the other spouse. To obtain a passport for a minor child 
between 7 and 18 years, the father or legal guardian needs to sign the 
request to obtain a passport (see Section 5).
    The law does not provide for forced exile, and it was not practiced 
regularly.
    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 internally 
displaced during the civil war. Although some persons began to reclaim 
homes abandoned or damaged during the war, the vast majority had 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; approximately 3,000 eventually returned to the country. Of 
the former SLA personnel who returned, all received prison sentences 
(see Section 1.e.). The Government continued to welcome SLA militia to 
return to the country, but stated they would face trial.
    Most refugees were Palestinians. The U.N. Relief and Works Agency 
(UNRWA) reported that the number of Palestinian refugees in the country 
registered with the UNRWA was approximately 390,000. This figure, which 
represented refugees who arrived in 1948 and their descendents, was 
presumed to include many thousands who reside outside of the country. 
Most experts estimated that the actual number in the country was 
between 150,000 and 200,000. According to SG records, the number of 
registered Palestinian refugees was approximately 418,000. Most 
Palestinian refugees were unable to obtain citizenship and were subject 
to governmental and societal discrimination, particularly in the area 
of employment; however, Palestinian women who married Lebanese men 
could obtain citizenship (see Section 5). In May 2003, the State 
Consultative Council invalidated the 1994 naturalization decree in 
which several thousand Palestinian nationals were naturalized. As a 
result, approximately 4,000 cases, some of which are families including 
several siblings, will lose their Lebanese citizenship. The Council 
referred the issue to the Ministry of Interior to review the files and 
decide their legal status. The Ministry continued to review the files; 
however, it had not issued a decision by year's end.
    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 U.N. Interim Forces in Lebanon (UNIFIL) 
personnel. According to the U.N. Secretary General's report, at year's 
end, no action had been taken against the 15 Hizballah operatives who 
injured 3 UNIFIL observers in April 2002, despite government assurances 
that the perpetrators would be arrested and brought to trial.
    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. Although the law does not 
provide for granting refugee status, the Government has found 
mechanisms to provide assistance. In practice, the Government provided 
some protection against refoulement, the return of persons to a country 
where they feared persecution, and granted refugee status to a limited 
number of Sudanese. The Government cooperated with the office of the 
U.N. High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees and asylum seekers. The Government 
also provided temporary protection to individuals who may not qualify 
as refugees under the 1951 Convention/1967 Protocol to approximately 
3,000 persons during the year. In September 2003, the SG signed an 
agreement with the UNHCR recognizing and granting protection to non-
Palestinian refugees, providing temporary relief for those seeking 
determination of refugee status. Those wishing to claim refugee status 
have to do so within 2 months of arriving in the country. The SG issues 
residence permits, valid for 3 months, during which time UNHCR must 
make a refugee status determination. The SG extended residency permits 
for up to a total of 12 months for those accorded refugee status by 
UNHCR. The Government granted admission and temporary (6 months) refuge 
to asylum seekers, but not permanent asylum. The Government generally 
cooperated with the offices of UNHCR and UNRWA.
    According to the UNHCR, there were nearly 2,500 non-Palestinian 
refugees, primarily Iraqis, Somalis and Sudanese, residing in the 
country. The SG detained few, and the UNHCR was granted access to them.
    On June 6, the 30 Iraqi Kurds who had been stranded in Naquora on 
the Lebanese-Israeli border were voluntarily repatriated to Iraq after 
3 years spent in limbo. The return was organized in coordination with 
UNHCR, the U.N., the SG, and foreign embassies.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides that citizens have the right to change 
their government in periodic free and fair elections; however, Syrian 
influence in local politics is a practical barrier to the exercise of 
this right. Lack of control over parts of the country, defects in the 
electoral process, and corruption in public office significantly 
restricted this right.
    The Constitution provides that elections for the Parliament must be 
held every 4 years. In turn, the Parliament elects the president every 
6 years. The president and the 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.).
    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.
    In May, municipal elections were held in approximately 750 
municipal boards. Voter turnout was high in most villages and cities 
with the exception of Beirut where participation was low. Voting was 
orderly with no reports of major disturbance or fraud.
    On September 3, amid evidence of heavy Syrian manipulation and 
coercion, Parliament voted for a constitutional amendment extending the 
term of President Lahoud for 3 years; 96 parliamentarians voted in 
favor of extension, 29 opposed, and 3 were absent from the session.
    In September 2003, a by-election held in the Baabda-Aley district 
for a Maronite Christian seat reportedly took place in a calm 
atmosphere, without government pressure to vote for a particular 
candidate or government interference in campaigning; however, there 
were a few technical irregularities.
    There was a widespread perception of corruption at all levels of 
government, including foreign involvement, however, no steps were taken 
to address the problem.
    There are no laws regarding public access to government documents, 
either allowing or denying access. In practice, the Government does not 
respond to requests.
    Women have the right to vote, and there are no legal barriers to 
their participation in politics; however, there were significant 
cultural barriers. Prior to October, no woman had held a Cabinet 
position; however, at that juncture, two women were named to the 
Cabinet. Since 1992, there have been only 3 women in the 128-seat 
Parliament. As the political system is based on confessionalism, all 
parliamentary seats are assigned by religious group. Even the smallest 
officially recognized confessions are allotted at least two seats in 
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 generally 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, 
investigating and publishing their findings. In general, government 
officials were cooperative, except when some of these groups sought to 
publicize the detention in Syria of hundreds of citizens. 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 2002, the U.N. 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.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equality among all citizens; however, 
in practice, some 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. 
There was credible evidence that foreign domestic servants suffered 
physical abuse, had pay withheld or unfairly reduced, or were forced to 
remain locked within their employer's home for the duration of their 
contracts.

    Women.--The law does not specifically prohibit domestic violence 
and domestic violence against women was a common problem. There were no 
authoritative statistics on the extent of spousal abuse; however, most 
experts agreed that the problem affected a significant portion of the 
female population. Cases reported were believed to be only a fraction 
of the actual number. 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 their gender. In most 
cases, police ignored complaints submitted by battered or abused women. 
A local NGO, the Lebanese Council to Resist Violence Against Women, 
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 or placed in slavery-like conditions (see Section 5, 
Trafficking). 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. During the year, the 
courts issued several sentences in cases involving rape; most offenders 
received 5 to 7 years in jail.
    The legal system was discriminatory in its handling of ``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. For example, while the 
Penal Code stipulates that murder is punishable by either a life 
sentence or the death penalty, if a defendant can prove it was an honor 
crime, the sentence is commuted to 1 to 7 years imprisonment. Several 
honor crimes are reported in the media every year. No person has been 
convicted in a case legally considered an honor crime.
    The 1931 law on prostitution requires that brothels be licensed and 
that sex workers be tested regularly for disease. The law remains on 
the books and technically in effect. However, government policy since 
the late 1960s was to stop issuing new licenses for brothels in an 
attempt to gradually eliminate legal prostitution in the country; 
however, as a result of the civil war and the weakness of government 
institutions, illicit prostitution spread. In practice, most 
prostitution is unlicensed and illegal. Thousands of foreign women, 
primarily from Russia and Eastern Europe, traveled to the country to 
work as ``artistes.'' The SG actively investigates adult clubs 
employing ``artistes'' and issues warnings to those that do not comply 
with regulations regarding employee working schedules and documentary 
requirements. The country was a destination for trafficked persons, 
primarily women (see Section 5, Trafficking).
    The law prohibits sexual harassment; however, it was a widespread 
problem. 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.
    Women may own property but often ceded control of it to male 
relatives for cultural reasons and because of family pressure.
    The law provides for equal pay for equal work for men and women. 
The law gives women working for the Government the same rights as men 
in terms of medical coverage and hospitalization, meaning that women 
serving in government can claim reimbursement for medical coverage, 
hospitalization, and family allowances in cases when they are single or 
their husband is unemployed or does not otherwise have coverage.
    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.--The plight of children was a growing concern for the 
Government. Education was free in public schools and compulsory until 
age 13. However, public schools generally were inadequate, lacking 
proper facilities, equipment and trained staff. A 2003 study indicated 
that 70 percent of Arabic teachers in public schools were not 
sufficiently literate in Arabic. The cost of private education was a 
significant problem for the middle and lower classes. 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. The 
illiteracy rate was approximately 11.6 percent. It was 7.7 percent 
among men and 15.4 percent among women. An undetermined number of 
children were neglected, abused, and exploited. There are periodic 
reports that parents force children to beg in the streets or work in 
the fields to help support the family. Poor children often were 
compelled by their parents to seek employment and often took jobs that 
jeopardized their safety (see Section 6.d.). 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. 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.
    Again, during the year, NGO's throughout the country reported that 
child prostitution was a problem. The authorities discovered and broke 
up three child prostitution rings. In two of the cases, the 
perpetrators were charged with facilitation, in the third, with child 
prostitution. At year's end, the cases were pending prosecution.

    Trafficking in Persons.--Trafficking in persons was a problem. The 
law does not specifically prohibit trafficking in persons. 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''; however, during the year, the Government did not apply 
this code to trafficking cases. Prostitution was legal and regulated by 
the Government. The country was a destination for African and Asian 
women, contracted as household workers, and East European and Russian 
women, contracted as dancers in adult clubs. Evidence indicates that 
many of these women are coerced or recruited into prostitution once in 
the country. Most of these women came voluntarily with legitimate work 
permits, but an unknown number entered the country illegally, and many 
of those with work permits ended by working illegally. Based on 
complaints registered with embassies, NGOs, and the Government, members 
of these groups often found themselves in coercive work situations with 
little practical legal recourse.
    If forced prostitution or forced rendering of sexual services 
occurred as a result of an abduction, the Penal Code stipulates that 
the abductor be sentenced to at least 1 year in prison; however, this 
law was applied inconsistently. During the year, the media reported 
upwards of 60 cases of suspects sentenced on charges of forced 
prostitution.
    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 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 
practice. A small number of exploited foreign workers won cases against 
their employers. Nonjudicial action resolved the majority of these 
cases. As a result of that process, workers frequently were repatriated 
without further judicial action on their cases. A few cases were 
referred to the judiciary for further action, although the Government 
took minimal steps to prosecute traffickers.
    Among cases of abuse reported to one NGO dealing with migrant 
worker abuse, the Government took the following actions: 23 were 
dropped for insufficient evidence; at year's end, 8 were in the process 
of administrative settlement between the victim and the employer or 
agent; in 2 cases, the victims did not want to pursue the matter; the 
status of 3 had not been determined; and 5 were being actively pursued 
or prosecuted.
    In addition, four Filipinas working as migrants died during the 
year. In the case of Herra Olandres, who died on August 24, two medical 
reports acknowledged signs of rape 24 hours prior to her death. At 
year's end, the case was under investigation by the Detectives' Bureau 
of the ISF. In the case of Luz Pacuan, who died on May 8, the file was 
closed because the presiding judge considered the death accidental. The 
Government closed the case of Catherine Bautista, who died on May 5, 
finding no evidence that her employer sexually abused her. The case of 
Luella Montenegro, who died on February 25, is still under 
investigation. The press reported that three of the four women were 
believed to be attempting to flee abusive work environments when they 
died.
    In April, the SG closed a nightclub at which there were 60 illegal 
Ethiopian migrant workers; 18 were arrested for engaging in 
prostitution.
    In August, the SG closed two agencies bringing migrant workers into 
the country illegally. One proprietor was indicted; prosecution is 
pending. In February, two other such agencies were closed; however, 
there is no report of prosecutions stemming from these closures.
    In October 2003, a judge sentenced an employer to 3 months' 
imprisonment and ordered him to pay approximately $500 (800,000 
Lebanese pounds) in compensation for failing to pay the salary of his 
Ethiopian maid. The judge exempted him from imprisonment in exchange 
for paying an additional penalty of $200 (300,000 Lebanese pounds) and 
$500 (800,000 Lebanese pounds) for all other expenses related to the 
case.
    During 2003, 131 suspects were arrested for smuggling persons. 
Authorities also closed 5 drinking establishments and a massage parlor 
and issued 51 warnings to 30 adult clubs for noncompliance with 
regulations, including prostitution.
    The country has made modest progress in protecting victims of 
trafficking. The Government did not provide foreign workers with relief 
from deportation, shelter, or access to legal, medical or psychological 
services; however, the Government cooperated with NGOs and allowed them 
access to detention facilities. In November 2003, the Ministry of Labor 
required employers to provide higher-value insurance to cover 
repatriation expenses of trafficking victims. A number of NGOs provided 
legal assistance and counseling to trafficking victims at no cost to 
the victims.
    During 2003, the Ministry of Labor enacted regulations defining 
employment agencies and household employers' responsibilities with 
regard to the treatment of domestics.
    The Government has taken some steps in the area of prevention. In 
January, the government prohibited advertisements offering the services 
of foreign maids. However, this regulation is not uniformly applied.
    In September, the Ministries of Justice and Interior published 
pamphlets, which defined trafficking, and informed potential victims on 
how to contact embassies, the ISF, the Red Cross, and NGOs for 
assistance. The pamphlets are being distributed to migrant workers upon 
arrival at Beirut International Airport.
    During 2003, the Government signed a protocol of understanding with 
the Sri Lankan Ministry of Labor to ensure better working conditions 
for Sri Lankan workers and to provide legally for their rights.

    Persons With Disabilities.--Discrimination against persons with 
disabilities continued. For example, the civil service board, which is 
in charge of recruiting government employees, refused to receive 
application from disabled persons. The Disability Law mandates disabled 
access to buildings; however, the Government failed to take steps to 
amend building codes to conform to the law. Approximately 100,000 
persons became disabled during the civil war. Families generally cared 
for 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.
    The law on persons with disabilities stipulates that at least 3 
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; however, there was no evidence that the 
law was enforced in practice.
    In 2002, joint committees composed of the National Committee for 
the Disabled and the Ministries of Health, Labor, and Education were 
formed to implement the law on persons with disabilities. In 2002, the 
Ministry of Finance informed all firms and companies that it would not 
settle obligations with them unless they proved that 3 percent of their 
workforce was composed of persons with disabilities; however, the 
Ministry failed to enforce this decision in practice.
    Many persons with mental disabilities are cared for in private 
institutions, many of which are subsidized by the Government.

    National/Racial/Ethnic Minorities.--According to the UNRWA, an 
estimated 390,000 Palestinian refugees were registered in the country 
(see Section 2.d.); however, it was believed that approximately 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 during the civil war, 
during the Israeli invasion of the country, and during on-going camp 
feuds. 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 might 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. Palestinian incomes continued to decline. The law 
prohibited Palestinian refugees from working in 72 professions.
    Palestinian refugees do not have the right to own property in the 
country. Palestinians no longer may purchase property and those who 
owned property prior to 2001 will be prohibited from passing it on to 
their children. The Parliament justified these restrictions 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 was applied in a manner 
disadvantageous to the 25,000 Kurds in the country. The Government did 
not provide health services or education to Palestinian refugees, who 
relied on UNRWA for these services.
    Palestinian children reportedly were forced to leave school at an 
early age to help earn income. The U.N. estimated that 18 percent of 
street children in the country were Palestinian. Poverty, drug 
addiction, prostitution, and crime reportedly were increasing in the 
camps, although reliable statistics were not available.

    Other Societal Abuses and Discrimination.--The law prohibits 
unnatural sexual intercourse, which is punishable by up to 1 year in 
prison; however, homosexuality is not specifically illegal. Citizens' 
sexual preferences reflect societal norms, not legal rulings. There are 
no discriminatory laws against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides that all workers, 
except government employees, may establish and join unions, and workers 
exercised this right in practice. There are no reasonable estimates as 
to the number of persons in the active labor force, but it is estimated 
that 5 to 7 percent of workers were members of some 450 to 500 labor 
unions and associations. Most of these unions formed federations. At 
year's end, 37 federations were voting members of the General 
Confederation of Labor (GCL). However, 24 of the 37 confederations, all 
created in the 1990s, remained ``virtual,'' that is, created by 
political interest groups to offset the votes of the 13 established 
labor confederations that actually represent workers. The GCL remained 
the only organization recognized by the Government as an interlocutor 
that represented workers.
    Antiunion discrimination appeared to be widespread. In October, two 
labor leaders were fired from the Lebanese Postal Service for union 
activities. Labor unions interceded on numerous occasions to address 
the firing of unionists from companies. On December 15, the head of the 
GCL participated in a sit-in to protest firings at the Postal Service.
    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 assisted nonunion 
workers. There were no government mechanisms to promote voluntary 
labor-management negotiations, and workers had no protection against 
antiunion discrimination.
    The law provides for the right to strike. In May, the General 
Confederation of Labor called for a general strike to protest the high 
price of fuel and gasoline. The demonstration become violent, and 
clashes with the security forces resulted in the death of five persons 
(see Section 2.b.).
    In December 2003, Lebanese University (LU) professors and students 
staged the largest demonstration in the country since 1992 when more 
than 15,000 people marched to protest threats to LU's autonomy, 
administrative shortcomings, and shrinking budgets.
    In October 2003, the GCL called a general strike to protest high 
unemployment, deteriorating social benefits, high taxes, planned 
privatization, and frozen minimum wages. An estimated 4,000 to 8,000 
people participated in a peaceful march.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law does not 
specifically prohibit forced or compulsory labor, including by 
children; however, articles within the law prohibit behavior that 
constitutes forced or compulsory labor. These include article 569 of 
the penal code, which prohibits deprivation of personal freedom, clause 
5 of article 569, which prohibits using a person deprived of personal 
freedom to ``perform a task,'' and article 11 of the labor code, which 
limits the scope of work agreements. The country adheres to 
International Labor Organization conventions 29 and 105 that 
prohibiting forced labor, and these conventions have the force of law. 
Nevertheless, children, foreign domestic workers, and other foreign 
workers sometimes were forced to remain in situations amounting to 
coerced or bonded labor (see Sections 5 and 6.e.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor was a problem. The minimum age for child employment is 14 
years. Under the law, minors are defined as children aged between 14 
and 18 years. The law prohibits the employment of juveniles before they 
undergo a medical exam to ensure their fitness for the job for which 
they are hired. 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 also entitles juveniles to 
21 days of paid annual leave.
    Juveniles are prohibited from working between the hours of 7 p.m. 
and 7 a.m. The law prohibits juveniles under the age of 17 from working 
in jobs that jeopardize their health, safety, or morals. It also 
prohibits the employment of juveniles under 16 in industrial jobs or 
jobs that are physically demanding or harmful to their health. The 
Ministry of Labor was responsible for enforcing these requirements; 
however, it did not apply the law rigorously. In 2002, a law was passed 
regarding the protection of juveniles exposed to danger. In September, 
the Government took steps to implement the law. In cooperation with the 
U.N. Office for Drug Control and Crime Prevention, the Government 
inaugurated the Center for Juvenile Victims of Physical Abuse. As such, 
juveniles will no longer be interrogated at police stations but rather 
at the center, which is equipped according to international norms, in 
the presence of a social worker.
    According to the final report on the ``State of the Children in 
Lebanon 2000'' released by the Central Statistics Administration in 
2002 in collaboration with UNICEF, the percentage of working children 
between the ages of 10 and 14 was 1.8 percent. The percentage of 
working children between the ages of 15 and 18 was 11.3 percent. 
According to the report, 90 percent of child laborers were not covered 
by any health insurance.

    e. Acceptable Conditions of Work.--The Government set a legal 
minimum wage; during the year, it was approximately $200 (300,000 
Lebanese pounds) per month. The law was not enforced effectively in the 
private sector. 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 workers, mostly of Asian and African origin, often 
were mistreated, abused, raped, or placed in situations of coerced 
labor or slavery-like conditions (see Section 5). Recruitment agencies 
and employers generally signed employment contracts requesting a 
foreign worker; the prospective foreign workers rarely were party to 
such contracts or, if they were, might not know what the contract 
stipulated because it was written in Arabic.
    Government regulations prohibit employment agencies from 
withholding foreign workers' passports for any reason. However, in 
practice, it continued to be common for employment agencies and 
household employers to withhold maids' passports.
    During 2003, the Ministry of Labor enacted new regulations defining 
employment agencies and household employers' responsibilities with 
regard to the treatment of domestics. The Ministry of Labor regularly 
met with source country embassies to ensure that foreign laborers and 
domestic workers were aware of the new employment agency regulations 
and of the Ministry of Labor's complaint office for reporting 
violations.
    The labor laws do not protect foreign domestic workers. Domestic 
workers often worked 18 hours per day and, in many cases, did not 
receive vacations or holidays. There was no minimum wage for domestic 
workers; their average wage was approximately $100 (150,000 Lebanese 
pounds) per month. Victims of trafficking or abusive labor situations 
may file civil suits or seek legal action, but most victims, often 
counseled by their embassies or consulates, settled for an 
administrative solution, which usually included monetary compensation 
and repatriation. The Government does not release information on legal 
actions filed, but NGOs have indicated that fewer than 10 legal actions 
were undertaken during the year, with only 1 perpetrator believed to be 
in prison.
    The Ministry of Labor referred cases of abuse reported to its 
complaint office to law enforcement for investigation and prosecution. 
It also enacted regulations prohibiting employment agencies from 
withholding foreign workers' passports for any reason and specifically 
defined sponsors' responsibilities with regard to the treatment of 
domestics. In 2003, 15 employment agencies were closed for 
noncompliance with these regulations, and closures of fraudulent 
employment agencies abusing foreign migrant workers continued during 
the year.

                               __________

                                 LIBYA

    The Great Socialist People's Libyan Arab Jamahiriya\1\ is an 
authoritarian regime ruled by Colonel Mu'ammar Al Qadhafi 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 Western democracy and political parties and claims to have 
established a ``third way'' superior to capitalism and communism. The 
country's governing principles are derived predominantly from Qadhafi's 
``Green Book'' Ideology. In theory, the citizenry rules the country 
through a series of popular congresses, as laid out in the 1969 
Constitutional Proclamation and the 1977 Declaration on the 
Establishment of the Authority of the People; however, in practice, 
Qadhafi and his inner circle monopolize political power. According to 
the U.N. Development Program, the legislative branch is composed of the 
unicameral General People's Congress (GPC) with 760 members elected 
indirectly for a 3 year term. The most recent election or ``renewal'' 
of the GPC was in March. Revolutionary Committees are nominally extra 
governmental organizations that regulate many aspects of citizens' 
lives; however, in practice, the Government controls the committees. 
The judiciary is not independent of the Government. Government 
corruption was a problem.
---------------------------------------------------------------------------
    \1\ The U.S. Government re-established direct diplomatic relations 
with Libya in June 2004. Accordingly, some of the information contained 
in this report is based to a large extent on nongovernmental sources.
---------------------------------------------------------------------------
    The country maintains an extensive security apparatus that includes 
police and military units, multiple intelligence services, local 
Revolutionary Committees, People's Committees, and ``Purification'' 
Committees. The result is a multi layered, pervasive surveillance 
system that monitors and controls the activities of individuals. The 
civilian authorities maintain effective control of the security forces. 
Security forces have the authority to impose sentences without trial, 
and the various security forces committed numerous, serious human 
rights abuses.
    The country has a centrally directed economy, with a growing 
private sector. The population is approximately 5.7 million. The 
Government exercised complete control over the country's oil resources, 
which accounted for approximately 95 percent of export earnings and an 
estimated 23 percent of the gross domestic product. The estimated 
growth rate was 2.4 percent. The Government's mismanagement of the 
economy has led to a decline in the standard of living for most of its 
citizens in recent years.
    On March 6, in an effort to address economic shortcomings, the GPC 
passed numerous laws aimed at liberalizing the economy. Foreign 
governments lifted travel, commercial, and economic sanctions against 
the country during the year. However, the country remained subject to 
sanctions related to past sponsorship of terrorism.
    The Government's human rights record remained poor, and the 
Government continued to commit numerous, serious abuses. Citizens did 
not have the right to change their government. Prison conditions were 
poor. Security forces arbitrarily arrested and detained persons, and 
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. 
Official impunity was a problem. The Government used summary judicial 
proceedings in many cases. The Government infringed on citizens' 
privacy rights; restricted freedom of speech, press, assembly, 
association, and religion; imposed limits on freedom of movement; 
continued to ban political parties; and continued to prohibit the 
establishment of independent human rights organizations. Domestic 
violence against women was a problem. Traditional attitudes and 
practices continued to discriminate against women. There were reports 
of trafficking in persons. The Government continued to repress banned 
Islamic groups and discriminated against ethnic and tribal minorities. 
The Government restricted labor rights, denied basic worker rights, and 
discriminated against foreign workers.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--According to 
available information, there were no reports of the arbitrary or 
unlawful deprivation of life committed by the Government or its agents; 
however, poor prison conditions have contributed to an unknown number 
of deaths in custody (see Section 1.c.).

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    During the year, tensions again flared between the Government and 
the Government of Lebanon over accusations of the country's 
responsibility for the 1978 disappearance of Lebanese Shi'a leader Imam 
Musa Al Sadr and two of his companions. In October, Italian authorities 
handed over to the Lebanese Government passports allegedly belonging to 
Sadr and one of his companions. The media subsequently reported that 
the Lebanese Government planned to question Qadhafi in Lebanon about 
the case. There were no further developments by year's end.

    c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law does not prohibit such practices, and there were 
reports that government officials employed them. Security personnel 
reportedly routinely tortured prisoners during interrogations or as 
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.
    The reported methods of torture included: chaining prisoners 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; deprivation of food and water; hanging by the wrists; 
suspension from a pole inserted between the knees and elbows; 
cigarettes burns; threats of being attacked by dogs; and beating on the 
soles of the feet.
    According to Amnesty International (AI), the foreign defendants, 
who were charged with deliberately infecting children in a hospital in 
Benghazi, reported that they had been tortured through electric shock 
and beatings to extract their confessions. Two of the police officers 
accused of inflicting the torture denied the allegations. On May 6, the 
Benghazi court determined it did not have jurisdiction to try the 
officers accused of torture in the health workers' case (see Section 
1.e.).
    In April, Qadhafi called for the abolition of torture and urged the 
GPC to ratify anti torture agreements; however, no actions were taken 
during the year.
    According to foreign diplomats, prison conditions generally were 
poor. In February, the Government permitted AI to visit the country 
following a 15 year absence. The AI delegation visited some prisons, 
and spoke with some inmates they considered to be ``prisoners of 
conscience.'' The authorities prevented the group from seeing selected 
prisoners despite repeated requests. The Government did not permit 
other human rights monitors to visit the prisons.
    During its visit, AI raised concerns with the Government about the 
health of 86 men in Abu Salim prison who undertook a 7 day hunger 
strike, in October 2003, to protest lengthy delays in their appeal 
process and to call for the abolition of the People's Court. The Abu 
Salim detainees were believed to be members of the Libyan Islamic 
Group, also known as the Muslim Brotherhood. At least eight of the 
hunger strikers reportedly were taken to a hospital, but there were no 
details about any medical attention afforded to the others.
    Security forces reportedly subjected political detainees to cruel, 
inhumane, or degrading conditions, and denied adequate medical care, 
which led to several deaths in custody.
    In at least three cases known to AI, the Government issued death 
certificates that stated the prisoners had died of natural causes, 
without further explanation or any evidence. In each case reported to 
AI, the authorities refused to return the detainee's body to the 
family.
    Male and female prisoners were held separately, and juveniles were 
separated from adults. Pretrial detainees and convicts were held 
together in the same facilities. More than half the prisoners in the 
country were reportedly pretrial detainees. Prison officials frequently 
held pretrial detainees for long periods of time (see Section 1.d.).

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, the Government did not observe these 
prohibitions. Security forces arbitrarily arrested and detained 
citizens. The Government held many political detainees incommunicado 
for unlimited periods in unofficial detention centers controlled by 
members of the Revolutionary Committees.
    Detainees can be held after arrest for up to 48 hours at a police 
station. They must then be brought before a prosecutor, who can hold 
them for 6 days under investigation. Detainees must then be brought 
before a judicial authority at regular intervals of 30 days to renew 
their detention order.
    The Government reportedly held hundreds of political detainees, 
many associated with banned Islamic groups, in prisons throughout the 
country, but mainly in the Abu Salim prison in Tripoli. Some human 
rights organizations estimated the number of political detainees to be 
as high as 2,000. Many detainees reportedly have been held for years 
without charge. Hundreds of other detainees may have been held for 
periods too brief (3 to 4 months) to permit confirmation by outside 
observers.
    By law, bail must be set for pretrial detainees, detainees must 
have access to counsel, and public defenders represent those who cannot 
afford a private attorney. Detainees reportedly did not receive 
information on their rights to legal representation during 
interrogation.
    On March 12, the Government released Fathi Al Jahmi in response to 
international pressure. Al Jahmi originally had been sentenced to 5 
years imprisonment in 2002 after calling for democratic reforms. On 
March 26, the Government detained Al Jahmi again, along with his wife, 
Fawzia Abdullah Gogha, and son, Mohammad. Al Jahmi had given several 
international media interviews, in which he again called for reform. 
The Government did not file new charges against Al Jahmi, asserting 
that his detention was for his own protection. Fawzia Abdullah Gogha 
and Mohammad were released later. Mohammad reported that Al Jahmi was 
in poor health, and he did not receive adequate medical treatment. 
According to AI, the Government denied Al Jahmi access to legal 
counsel, and his whereabouts remained unknown at year's end.
    On April 7, the appeals resumed for 152 Muslim Brotherhood 
activists. The appeals originally had started in 2002 after sentences 
were issued ranging from the death penalty to life imprisonment and 10 
years imprisonment (see Section 1.e.).
    The London based newspaper, Al Sharq Al Awsat, reported that the 
Government arrested human rights activist, Ashur Al Warfalli, on 
December 8 for issuing a statement against the Government's human 
rights policy. Al Warfalli's statement called for the release of 
political detainees, amnesty for exiles and dissidents, and the freedom 
of expression for all citizens. His whereabouts remained unknown at 
year's end.
    On March 2, the Government pardoned 1,059 prisoners in celebration 
of the anniversary of the Declaration of the People's Authority.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, the judiciary was not independent. 
Security forces had the authority to pass sentences without trial, 
particularly in cases involving political opposition. The Government 
used summary judicial proceedings to suppress domestic dissent. Qadhafi 
was empowered to interfere in the administration of justice by altering 
court judgments or replacing judges. The judiciary failed to 
incorporate international standards for fair trials and standards for 
detention and imprisonment.
    The judicial system is composed of a four tiered hierarchy. The 
Summary Courts hear cases involving misdemeanors of lesser value. The 
decisions of this court may be appealed to the Courts of First 
Instance. These courts are composed of chambers of three judges and 
have the authority to adjudicate in all civil, criminal, and commercial 
cases. In addition, the jurors apply the Shari'a principles in cases 
involving personal status. Cases from the Courts of First Instance may 
be appealed to the Courts of Appeal, which are composed of panels of 
three judges. The Shari'a Court of Appeals hears cases from the lower 
Shari'a court.
    The final court of appeal is the Supreme Court, composed of five 
separate chambers, one each for civil and commercial, criminal, 
administrative, constitutional, and Shari'a. The Supreme Court sits in 
chambers of five judges and rules by majority decision. The GPC elects 
the presiding president and other members of the Supreme Court.
    Special revolutionary or national security courts, such as the 
People's Court, try political offenses. Such trials often are held in 
secret or even in the absence of the accused. The People's Court system 
also focuses on administrative, civil, and criminal offences. The court 
contains its own prosecution service, in addition to courts of first 
instance (composed of a three judge panel) and courts of appeal 
(composed of a five judge panel). In April, Qadhafi called for the 
elimination of the People's Court; however, the court was still in 
existence at year's end.
    The law provides for the presumption of innocence. Defendants must 
be informed of the charges brought against them, and they have the 
right to legal counsel; however, defense lawyers automatically are 
appointed, even if the defendant declines to have one. In some cases 
involving large numbers of defendants, it is reportedly common for the 
accused not to know who his or her lawyer is. There is usually very 
little contact, if any, between the lawyer and client.
    On December 1, the People's Court confirmed the sentences of 86 
activists, known as the Muslim Brotherhood. In 2002, 2 defendants 
received death sentences, 73 received life imprisonment, and 11 
received 10 years' imprisonment for forming an illegal political 
organization.
    On May 6, a court sentenced to death 6 foreign health workers 
accused of deliberately infecting 426 children with HIV tainted blood 
in 1999. The sentences reportedly were based on confessions that the 
accused made under torture (see Section 1.c.). International observers 
had serious concerns about the lack of investigation into allegations 
of torture and delays in bringing the case to a conclusion. Appeals 
still were pending at year's end.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, the 
Government did not respect these prohibitions. The 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. Foreign observers estimated 10 to 20 
percent of the population was engaged in surveillance for the 
Government. The Government threatened to 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 severe punishment. Exiles reported that family members 
of suspected government opponents were harassed and threatened with 
detention.
    The law provides for the collective punishment of families or 
communities that aid, abet, or do not inform the Government of 
criminals and oppositionists. Punishments range from the denial of 
access to utilities (water, electricity, telephone), fuels, food 
supplies, official documents, participation in local assemblies, and 
the termination of new economic projects and state subsidies. 
Collective punishment also can be inflicted on the relatives of 
individuals, particularly oppositionists, who are convicted of having 
committed certain crimes. In such cases, the punishment could be 
expulsion of the family from their homes and demolition of the homes. 
There were no reports of collective punishment being implemented during 
the year.
    The 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.'' During the 
year, there were no reports of confiscation.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech ``within the limits of public interest and principles of the 
Revolution''; however, the Government severely limited the freedoms of 
speech and of the press, particularly any criticism of Qadhafi or 
government policy. The Government tolerated some difference of opinion 
in People's Committee meetings and at the GPC.
    On March 26, the Government re detained Fathi Al Jahmi after Al 
Jahmi spoke out against the regime to the foreign media (see Section 
1.d.).
    On December 8, the Government arrested Ashur Al Warfalli for 
releasing a statement in which he called for a number of human rights 
reforms.
    The Government prohibited all political activities not officially 
approved, enacted laws so vague that many forms of speech or expression 
may be interpreted as illegal, and operated an extensive system of 
informants that created an atmosphere of self censorship at all levels 
of society (see Section 1.f.).
    The Government owned and controlled the print and broadcast media. 
There were no privately owned radio or television stations. Local 
Revolutionary Committees published several small 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. Some foreign publications were available; 
however, the Government routinely censored them and, at times, 
prohibited their distribution. The publications law governs the 
operation of the press, reserving all rights for publishing to two 
public entities: The General Corporation of Press, Professional Unions, 
and Syndicates, and the Ad dar Al Jamahiriya.
    Satellite television was widely available, although foreign 
programming was censored at times. Internet access was limited due to 
the existence of a single service provider; however, the number of 
Internet users increased during the year.
    The Government severely restricted academic freedom. Professors and 
teachers who discussed politically sensitive topics faced the risk of 
government reprisal.

    b. Freedom of Peaceful Assembly and Association.--The law does not 
provide for the freedom of assembly or association, and the Government 
severely restricted these rights in practice. Public assembly was 
permitted only with the Government's approval and in support of the 
Government's positions.
    On April 7, government security forces disrupted a demonstration by 
members of the Muslim Brotherhood. They were protesting the prolonged 
detention and adjournment of appeals of 152 members (see Section 1.e.).
    The Government restricted the right of association; it granted this 
right only to institutions affiliated with the Government. The 
formation of groups based on a political ideology was banned (see 
Section 3). Political activity deemed treasonous by the Government is 
punishable by death. An offense may include any activity that is 
``opposed to the principles of the Revolution.'' On December 1, an 
appeals court upheld the sentences of 86 prisoners convicted in 1998 
for establishing a political organization (see Section 1.e.).

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right with some 
restrictions. The Government was tolerant of other faiths, with the 
exception of militant forms of Islam, which it viewed as a threat to 
the regime. Because the wearing of a beard was associated with 
fundamentalist Islam, some Muslims reportedly shaved their beards to 
avoid being harassed by security forces. The Government also controlled 
mosques and Islamic institutions and heavily censored clerics.
    The World Islamic Call Society (WICS) was the outlet for the state 
approved form of Islam. The Government prohibited Islamic groups whose 
views were contrary to the authorized teachings. The WICS was 
responsible for relations with other religions, including Christian 
churches in the country.
    Christian churches operated openly and were tolerated by the 
authorities; however, the Government imposed a limit of one church per 
denomination per city. There were no official places of worship for the 
practitioners of minority religions such as Hinduism, Buddhism, and the 
Baha'i Faith.
    A noncitizen female that marries a Muslim citizen is not required 
to convert to Islam; however, a noncitizen male must convert to marry a 
Muslim woman.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, Repatriation, and Exile.--The law does not provide these 
rights, but the Government generally did not restrict the freedom of 
movement within the country.
    The Government requires citizens to obtain exit permits for travel 
abroad, and limits their access to hard currency. Authorities routinely 
seized the passports of foreigners married to citizens upon their entry 
into the country. A female citizen must have her husband's permission 
and a male escort to travel abroad (see Section 5, Women).
    The law does not provide for or prohibit forced exile, and the 
Government did not impose forced exile as a form of punishment. The 
Government continued to encourage the return of citizen dissidents 
abroad, promising to ensure their safety. According to AI, some 
citizens were subjected to arbitrary arrest and detention upon their 
repatriation. Students studying abroad reportedly have been 
interrogated upon their return.
    The law prohibits the extradition of political refugees; however, 
in practice, the Government did not provide protection against 
refoulement, the return of persons to a country where they feared 
persecution. There was no established system to deal with refugees and 
asylum seekers, or national legislation to determine refugee and asylum 
status. According to the U.N. High Commissioner for Refugees (UNHCR), 
the Government considers refugees and asylum seekers as ``foreigners 
residing in country without any specific distinction.'' The country is 
not a party to the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol; however, it is a party to the 
Organization of African Unity's Convention Governing the Specific 
Aspects of Refugee Problems in Africa. The Government has not signed a 
formal cooperation agreement with the UNHCR, which reported that there 
were approximately 12,000 urban refugees registered with its Tripoli 
office and 43,000 total refugees in country.
    The Government expelled noncitizens arbitrarily. On July 21, the 
Government deported more than 110 people to Eritrea who reportedly had 
fled from military service or evaded conscription. AI reported that 
they then were held incommunicado in military camps. In August, the 
authorities deported 76 Eritrean asylum seekers who later reported 
being mistreated and denied medical attention while in custody. The 
Government continued to deport family members of suspected al Qa'ida 
members during the year. In February, the Government extradited a human 
trafficker to Italy upon the Italian Government's request (see Section 
5, Trafficking).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law makes no provisions for elections, and citizens do not have 
the right to change their government. The country's governing 
principles stem from Qadhafi's ``Green Book,'' which combines Islamic 
ideals with elements of socialism and pan Arabism. The ``Green Book'' 
provides that direct popular rule is the basis of the political system 
and that citizens play a role in popular congresses; however, Qadhafi, 
his close associates, and committees acting in his name controlled 
major government decisions. Corruption and favoritism, based on tribal 
origin, were major problems that adversely affected government 
efficiency.
    The Government prohibits the creation of and subsequent membership 
in political parties. The only party structure that exists is the 
official Arab Socialist Union, created in 1971 to encourage political 
involvement among citizens. Revolutionary Committees, composed 
primarily of youths, guarded against political dissent and ensured that 
citizens followed sanctioned ideology within society. These committees 
approved all candidates in elections for the GPC.
    The people exercise their authority through people's congresses, 
people's committees, trade unions, vocational syndicates, and the GPC, 
which is the Parliament. The General People's Committee manages the 
daily affairs of the Government. Elections occur every 3 years, when 
the People's Congresses, the local bodies comprised of all citizens, 
choose their leadership committees. The election process continues up 
the hierarchy of people's congresses, until the GPC chooses the General 
People's Committee. The last election of people's congresses took place 
early in the year.
    There was one woman in the 760 seat GPC. One woman occupied a seat 
in the GPC. There were no women in the cabinet. There was no reliable 
information on the representation of minorities in the Government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were numerous charitable associations approved by the 
Government, and operating in the country; however, the Government 
prohibited the establishment of independent human rights organizations. 
Individuals wishing to carry out human rights work were forced to 
operate abroad due to restrictive laws that imposed imprisonment for 
forming or joining international organizations without government 
authorization (see Section 2.b.). The government body known as the 
Libyan Arab Human Rights Committee was not known to have published any 
reports.
    In February, AI visited the country for the first time in 15 years 
and later published its report ``Time To Make Human Rights A Reality,'' 
which included recommendations pertaining to detention, the judiciary, 
and torture. Qadhafi later called for a number of human rights reforms 
such as the abolition of the People's Court and the abolition of 
torture. No reforms were implemented by year's end.
    During the year, Qadhafi condemned the use of torture by 
governments and called on all countries to ratify international 
treaties that ban torture. He also called for continued cooperation 
with AI and other human rights organizations. However, in December, the 
Government refused to issue visas to a Human Rights Watch (HRW) 
delegation. The HRW observers were scheduled to begin a 3 week visit 
that would have been the organization's first visit to the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, sex, religion, 
disability, or social status; however, the Government did not enforce 
effectively these prohibitions, particularly with regard to women and 
tribal minorities.

    Women.--The law prohibits domestic violence, but there was no 
reliable information on the penalties for punishment. There was little 
detailed information regarding the extent of violence against women; 
however, it reportedly remained a problem. Abuse within the family 
rarely was discussed publicly.
    The law prohibits rape. The convicted rapist of a young girl must 
marry the girl, with her agreement, or serve a prison term of up to 25 
years. There was no further information available on punishments for 
rape.
    The law does not prohibit female genital mutilation (FGM). There 
were reports that FGM may have been performed on girls in remote areas 
of the country due to a large expatriate community of women from 
countries where FGM widely was practiced. The law prohibits 
prostitution; however, the authorities tolerated it.
    The 1969 Constitutional Proclamation granted women total equality; 
however, traditional attitudes and practices continued to discriminate 
against women. Shari'a law governs inheritance, divorce, and the right 
to own property. A woman must have the permission of her husband or 
another close male relative to travel abroad.
    The Department of Women's Affairs, under the GPC secretariat, 
collected data and oversaw the integration of women into all spheres of 
public life. The General Union of Women's Associations, established by 
the Government as a network of nongovernmental organizations, addressed 
women's employment needs. The opportunity for women to make notable 
social progress increased in recent years; however, lingering 
traditional restrictions, that discourage women from playing an active 
role in the workplace, often inhibited employment gains by women. Women 
comprised 22 percent of the labor force. There were four times as many 
working women as there were in 1970, according to a report by the 
National Center for Information and Verification. In general, the 
emancipation of women was a generational phenomenon. Educational 
differences between men and women have narrowed; however, 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.

    Children.--The Government subsidized primary, secondary, and 
university education, and primary education was compulsory until age 
15. Ninety six percent of school age children attended primary school, 
and most reached at least a 6th grade level. Only 53 percent of girls 
and 71 percent of boys attended secondary school. The Government 
subsidized 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.

    Trafficking in Persons.--There was no information available 
regarding whether the law specifically prohibits trafficking in 
persons; however, the penal code prohibits prostitution and related 
offenses, including sexual trafficking.
    There were reports of trafficking in persons. Several hundred 
Moroccan women reportedly were trafficked to the capital to work as 
prostitutes. The country was also a place of transit for women 
trafficked from Africa to Central Europe. In previous years, Sri Lankan 
women also were trafficked through the country. The extent of the 
Government's efforts to fight trafficking was not clear, but its joint 
and active collaborations with other affected countries indicated that 
the country is making significant efforts to fight human trafficking. 
In February, the Government extradited a major Eritrean human 
trafficker to Italy, after the Italian Government issued a warrant for 
her arrest. The Government repeatedly called for the lifting of the 
European Union (EU) arms embargo, stating that the embargo prevented it 
from obtaining equipment necessary to fight trafficking. The EU lifted 
the embargo on October 11.

    Persons With Disabilities.--No information was available on any 
government efforts to assist persons with disabilities.

    National/Racial/Ethnic Minorities.--Arabic speaking Muslims of 
mixed Arab Amazigh ancestry constituted 97 percent of the population. 
The principal minorities were 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.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join unions without previous authorization or excessive requirements, 
and the Government respected this right in practice. Members of each 
profession may form their own unions and syndicates to defend their 
professional rights. Workers may join the National Trade Unions' 
Federation, which is administered by the People's Committee system; 
however, the Government prohibited foreign workers from joining this 
organization. The National Trade Unions' Federation played an active 
role in the International Confederation of Arab Trade Unions, the 
Organization of African Trade Union Unity, and the World Federation of 
Trade Unions.

    b. The Right to Organize and Bargain Collectively.--The law does 
not provide for collective bargaining. The Government must approve all 
agreements made between unions and employers.
    The law does not provide workers with the right to strike, and 
there were no reports of strikes during the year.

    c. Prohibition of Forced or Compulsory Labor.--There was no 
information regarding whether the law prohibits forced or compulsory 
labor, including by children, or whether such practices occurred.
    There were credible reports that the Government arbitrarily forced 
some foreign workers into performing subversive activities against 
their own nationals.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment of children was 18 years. There was no 
information available on the prevalence of child labor, or whether 
forced or compulsory labor by children was 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. The legal maximum 
workweek was 48 hours.
    Wages, which are forbidden by the ``Green Book'' and actually are 
paid in the form of ``entitlements,'' frequently were in arrears. A 
public sector wage freeze imposed more than a decade ago continued, 
particularly in the face of consistently high inflation. The average 
family lived on $170 (86.9 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 food staples.
    Labor inspectors were 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 workers may remove themselves from an unhealthy or unsafe work 
situation without risking employment.
    Foreign workers constituted 1.6 million of the workforce; however, 
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 they could not send more than half of 
their earnings to home countries. They were subjected 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.

                               __________

                                MOROCCO

    Morocco is a constitutional monarchy with an elected parliament; 
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. 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 2002, the country held parliamentary elections for the lower 
chamber that were widely regarded as free, fair, and transparent. In 
September 2003, elections were held for local government councils. The 
elections were widely recognized as well administered; the Government 
limited the participation of the Islamist Party of Justice and 
Development (PJD). The Constitution provides for an independent 
judiciary; however, it remained subject to government influence and 
corruption. The Government abolished the Ministry of Human Rights in a 
June cabinet reshuffle and folded human rights responsibilities into 
the Ministry of Justice.
    The security apparatus includes several overlapping police and 
paramilitary organizations. The National Police (DGSN), the National 
Intelligence Service (DST), and the Auxiliary Forces are departments of 
the Ministry of Interior. The Royal Gendarmerie reports to the Ministry 
of Defense. The Department of Royal Security reports 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.
    The market based economy was led by a sizable services sector with 
a strong tourism component, a growing manufacturing sector, a diverse 
agricultural and fisheries sector, and large phosphate reserves. The 
population was approximately 28.9 million. Citizens working abroad were 
a source of substantial remittances. Overall, the gross domestic 
product was expected to increase by 5.3 percent, and inflation by 1.9 
percent for the year. One in five citizens lived in poverty.
    Although progress continued in some areas, the human rights record 
remained poor in other areas. Citizens lacked the full ability to 
change their government. While citizens may elect representatives to 
Parliament and to municipal and regional councils, the King has 
discretionary authority to appoint and dismiss the Prime Minister, and 
Cabinet, and to dissolve Parliament. The Constitution may not be 
changed without the King's approval. Since the May 2003 terrorist 
attacks in Casablanca, authorities detained several thousand persons 
for possible involvement with terrorist groups and sentenced more than 
400. In May 2003, an antiterrorist law passed by the Parliament, very 
broadly defined terrorism as an act or acts intended to create fear and 
discord in society and threaten its safety. During the year, there were 
specific charges by Human Rights Watch (HRW) of torture, mistreatment, 
and denial of rights during the judicial process of detainees in the 
aftermath of the May 2003 terrorist attacks. The Government generally 
rejected these allegations. Impunity remained a problem. Human rights 
groups did not believe that the Government disclosed all the 
information available about citizens who were abducted from the 1960s 
through the 1980s. At times, authorities arbitrarily arrested and 
detained persons. Authorities infringed on citizens' privacy rights. 
Prison conditions remained extremely poor. The judiciary lacked 
independence and was subject to government influence and corruption. 
While there was considerable freedom of the press, journalists 
regularly practiced self censorship, and two were sentenced to prison 
and remained in prison at year's end. The police violently dispersed 
several peaceful demonstrations during the year. The Government 
generally respected freedom of religion; however, there were some 
limitations. Violence and societal discrimination against women were 
problems. The protection of unaccompanied, repatriated children was a 
problem. Trafficking in persons remained a problem. Child labor was a 
problem, principally the practice of the illegal employment of young 
girls who were subjected to exploitative domestic servitude.
    In January, the Parliament approved a new Code of Family Law to 
improve the status of women and children. Authorities implemented the 
reforms throughout 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.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    In 2003, according to human rights groups and press reports, 
several detainees died in police custody with little or no serious 
investigation into the circumstances. There were no further 
developments in the cases of Abdelhaq Bentasser, Mohamed Bouannit, and 
Driss Dida.

    b. Disappearance.--There were no new cases of confirmed 
disappearances. During the year, there were no further developments in 
the case of Mohamed Damir, who disappeared after the May 16, 2003 
attacks.
    The Moroccan Association for Human Rights (AMDH) continued to claim 
that the practice of incommunicado detention without informing family 
members of those detained confirmed the persistent practice of forced 
disappearance (see Section 1.d.). According to a June report by Amnesty 
International (AI), the DST practice was to deny holding the person in 
question, particularly those held in the DST detention center in 
Temara. In such cases, family members and lawyers usually learned of 
the detention after the detainee was brought before a magistrate, 
charged, and placed in pretrial detention; in this context, the secret 
detention amounted to a period of disappearance.
    The forced long term 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. 
Authorities stated that they released information on all 112 confirmed 
disappearance cases. However, human rights groups and families 
continued to claim cases of disappearances, many from the Western 
Sahara. 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.
    In January, an Equity and Reconciliation Commission (IER) began 
work to settle definitively serious violations of human rights, 
including compensation for all outstanding cases of arbitrary detention 
and disappearance, prior to the King's assumption of the throne in 
1999. The IER organized public hearings on torture and disappearances, 
which began on December 21 in Rabat. The IER compiled 22,000 complaints 
and interviewed petitioners at the rate of 5 per day as part of a 
process to catalogue the full range of abuses and to determine 
compensation. The IER also organized a range of activities including 
visits to former secret detention centers, to villages where a number 
of inhabitants were persecuted, and seminars for the public, academics, 
and journalists on literature, covering state violence, written by 
former prisoners (see Section 4).

    c. Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment.--The law prohibits torture, and the Government denied the 
use of torture; however, some members of the security forces tortured 
or otherwise abused detainees. The penal code in force during the year 
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, which called into question the Government's 
commitment to resolving the problem.
    On December 28, the Government announced a new draft law to 
criminalize torture, to include severe physical and mental pain and 
suffering. If approved, the new law would define torture in accordance 
with the International Convention Against Torture. It also proposes 
civil penalties and fines for those who encourage, accept, or hide such 
incidents. Under the proposed law, anyone convicted of torture would 
face 5 to 30 years in prison, and a fine of $1,100 to $3,300 (10,000 to 
30,000 dirhams).
    In October, HRW reported that lawyers and family members of 
prisoners claimed interrogators had subjected prisoners to physical and 
mental abuse in order to extract confessions or oblige prisoners to 
sign statements they had not made.
    Attorneys for some persons who were convicted under the 2003 
antiterrorism law claimed their clients were convicted on the basis of 
confessions coerced by torture. Some attorneys claimed that almost all 
of the suspects, accused in the May 2003 attacks, were convicted on the 
basis of signed confessions taken on police premises, sometimes 
following torture. There was no indication that the Government took any 
further action in response to claims of torture, made at the Court of 
Appeal in Fez, by 29 persons accused of terrorism, and reportedly 
judicial authorities refused to order any medical examinations.
    In June, AI published a report that accused security authorities of 
systematic torture and ill treatment of suspects held at the Temara 
detention center. AI noted a sharp rise over the past 2 years in such 
cases in the context of ``counter terrorism'' measures as well as the 
failure of government authorities to investigate these reports. As of 
June 3, according to the Government, 1,748 persons had been charged 
with terrorism since May 2003, including 315 cases still under 
investigation, 199 cases still ongoing before the district court or the 
court of appeals, and 1,234 cases in which sentence had been 
pronounced. The Government pledged to investigate each of the alleged 
cases in the AI report.
    On March 7, the Minister of Human Rights, Mohamed Oujjar, stated 
that a body composed of officials from the Ministries of Human Rights, 
Justice, and the Interior were investigating reports that persons 
detained in connection with the May 2003 Casablanca explosions had been 
subjected to torture and human rights violations.
    AI and other human rights organizations reported torture and ill 
treatment during initial interrogations of prisoners, including 
beatings, electric shocks, and sexual abuse. Former detainees reported 
that they were held in secret detention and denied contact with lawyers 
or family. The AI report also documented accusations of arbitrary 
detention and forced confessions of detained terrorism suspects.
    Prison conditions remained extremely poor, and generally did not 
meet international standards, despite some improvements in medical care 
and efforts to expand capacity. Extreme overcrowding, malnutrition, and 
lack of hygiene continued to aggravate the poor health conditions 
inside prisons. There were separate facilities for men, women, and 
minors. Pretrial detainees were not held separately from convicts.
    In July, the Commission of the Royal Advisory Council on Human 
Rights (CCDH) issued its first annual report, which mainly addressed 
prison overpopulation and poor prison conditions.
    In a speech following release of the report, Minister of Justice 
Mohamed Bouzoubaa said that prison overcrowding was a major concern and 
that many detentions were unnecessary. Bouzoubaa said that his ministry 
was considering alternatives to prison sentences.
    In September, the NGO Moroccan Prison Observatory (OMP) reported 
that the population in the country's 46 prisons, which were designed to 
hold 39,000, had reached 54,542 prisoners. However, including 
detentions and subsequent releases and pardons, a total of 82,537 
persons spent time in prison during the year. The OMP reported that 
food, hygiene, and medical conditions were grossly inadequate, with a 
daily budget of only 70 cents (6 dirhams) per prisoner.
    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 some OMP monitors to visit prisons.

    d. Arbitrary Arrest or Detention.--The Constitution does not 
prohibit arbitrary arrest or detention, and police continued to use 
these practices.
    Although legal provisions for due process were 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.
    Under the antiterrorism law, administrative detention has increased 
from 48 to 96 hours, with two additional 96 hour extensions allowed at 
the prosecutor's discretion. Some defendants were denied access to 
counsel or family members during this initial period, which is when the 
accused is interrogated, and abuse or torture is most likely to occur.
    Some members of the security forces, long accustomed to indefinite 
access to detainees before charging them, continued to extend the time 
limits. In November 2003, AI reported that some of those arrested had 
been held incommunicado for up to 5 months. A large increase in 
detainees and prisoners led to an increase in allegations of 
incommunicado detentions that were difficult to confirm. In 2003, the 
Government announced that several thousand persons had been detained 
for links with terrorist groups, including involvement in the May 16 
suicide attacks. Human rights activists and local attorneys estimated 
the number of detainees to be more than 4,000.
    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 administrative detention limits.
    The law provides for a limited system of bail; however, it rarely 
was granted. The law does not require a written release to be issued 
for a person to be released from detention. In some instances, 
defendants were released on their own recognizance. 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.
    The National Police (55,000 personnel) and the Mobile Intervention 
Corps (5,000 personnel) are part of the Ministry of the Interior. The 
National Police contains the border and immigration services, which 
have responsibility for matters concerning the frontiers and 
immigration laws, and also contains the main federal investigative 
body, the National Brigade, which is responsible for investigating 
violations of the federal penal code, such as terrorism, organized 
crime, and white collar crime. The DST (8,500 personnel) part of the 
Ministry of Interior, has security functions, and the Auxiliary Forces 
(25,000 personnel) are also part of the Ministry of Interior. The Royal 
Gendarmerie (29,000 personnel) is a paramilitary force reporting to the 
Ministry of Defense and is responsible for law enforcement in rural 
regions, including national highways.
    Police impunity remained a problem. Bribery and smuggling were 
prevalent. During the year, the Government acted against smuggling 
rings and police corruption in Sale and in the northern regions of the 
country.
    On May 3, the Moroccan Association for Human Rights (AMDH) reported 
that Hassan Essidiq was arrested on April 26 upon his arrival at 
Mohamed V Airport. According to his family, Essidiq was taken to a 
police station and later moved to an unknown destination. His 
whereabouts remained unknown at the end of the year.
    According to the NGO Reporters Without Borders, on December 13, 
journalist Mohamed Bouhcini was jailed after being accused by a 
convicted drug trafficker that Bouhcini had delivered hashish to him 
during Bouhcini's research trip to the Rif Mountains. Bouhcini has 
reportedly been jailed in the same prison as his accuser, and no 
complaint was filed against him by year's end.
    On March 9, the AMDH reported that several Islamist prisoners, 
adherents of the Salafia Jihadia, were living in isolation, deprived of 
medical care and decent food, and not allowed private visits with 
relatives in the Kenitra jail. Relatives, holding a protest on March 8 
outside of the jail, were forcibly dispersed and removed by police (see 
Section 2.b.). There was no official government action or investigation 
by year's end.
    Several attorneys, representing defendants who were arrested under 
the antiterrorism law, charged that authorities falsified arrest 
records to cover up periods of detention that exceeded the legal 
requirement. Many of the defendants attempted to recant the confessions 
in court, saying that they had not read them. Most defendants did not 
have access to counsel until shortly before trial, and the detainees 
usually did not know the contents of the alleged confessions until they 
were introduced as evidence in court. Judges uniformly dismissed 
motions to recant confessions and often did not allow evidence and 
witnesses for the defense.
    The law provides for the right to a fair trial; however, some human 
rights groups criticized the conduct of trials, which proceeded very 
quickly for some defendants, including mass trials of 50 persons. 
According to law, all defendants have the right to be represented by 
attorneys and, if a defendant could not afford private counsel, a court 
appointed attorney was to be provided.

    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. Efforts continued with very limited 
success to increase efficiency and to end corruption, which, according 
to most observers, remained a routine cost of court business.
    In a July report, Transparency Morocco described bribery of 
officials, including the judiciary, as a grave impediment to humane 
progress. In August, the Supreme Council of the Judiciary initiated 
disciplinary proceedings against 14 judges and eventually dismissed 2 
of them and retired 4 more judges (see Section 3). Delays were lengthy 
in some court cases.
    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. All decisions made in criminal and civil matters in 
which the penalty exceeds $33.00 (300 dirhams) may be appealed to the 
courts of first instance (regional courts). The regional courts are 
subdivided into rabbinical, civil, commercial, administrative, and 
penal sections. Cases may be appealed from the regional courts to the 
appeals court.
    The highest court is the Supreme Court, which is subdivided into 
five chambers: constitutional, penal, administrative, social, and 
civil. The constitutional chamber is composed of the First President of 
the Supreme Court, three judges appointed by the king, and three judges 
appointed by the president of the Chamber of Representatives.
    In theory, there is a single court system under the Ministry of 
Justice; however, other courts also operated including administrative 
courts, commercial courts, and the military tribunal. In January, the 
Council of Ministers approved a draft law dismantling the Special Court 
of Justice and transferring trials of government officials to the 
Appeals Courts. The Special Court of Justice, begun in 1972 to sanction 
government officials involved in bribery and other abuses of power, was 
widely perceived as lenient and discriminatory. At the Government's 
discretion, serious state security cases such as those relating to the 
monarchy, Islam, or territorial integrity (advocating independence for 
the Western Sahara) may be brought before a specially constituted 
military tribunal, responsible to the military and the Ministry of 
Interior.
    In October 2003, the Minister of Justice established family courts 
to adjudicate divorce and child custody cases in anticipation of 
proposed reforms to the Moudawana (personal status code). These courts 
addressed family issues for Muslim citizens, and the judges were 
trained in Shari'a (Islamic law) as applied in the country. By 
February, 160 judges had completed training in the reforms of the 
personal status code, and the Government reported that 20 family courts 
were operational. Plans called for the establishment of 70 family 
courts with 1 for each province. Jewish citizens dealt with family 
matters in their own courts.
    In general, detainees were arraigned before a court of first 
instance. If the judge determined that a confession was obtained under 
duress, the law requires him to exclude it from evidence. However, 
human rights activists alleged that cases often were adjudicated on the 
basis of forced confessions, especially in cases of Islamists accused 
of terrorism (see Section 1.c.).
    While appeals court may in some cases be used as a second reference 
for courts of first instance, they primarily handled 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 the appeals court; the Supreme Court may overturn 
an appellate court's ruling on procedural grounds only. Therefore, the 
absence of appeals for defendants in such crimes were more problematic 
given the fact that an investigation into the case, by an examining 
magistrate, was mandatory only in those crimes punishable by sentences 
of life imprisonment or death.
    Resource constraints also affected the court system. Although the 
law provides for the Ministry of Justice to provide an attorney at 
public expense for serious crimes (when the offense carries a maximum 
sentence of more than 5 years), attorneys were not always appointed, 
were poorly paid, and often were provided inadequate representation. In 
addition, there were reports that judges sometimes denied defense 
requests to question witnesses.
    The law does not distinguish political and security cases from 
common criminal cases. The Government did not consider any of its 
prisoners to be political prisoners; however, AI identified 60 persons 
whom it considered to be political prisoners. In January, King Mohammed 
VI pardoned 33 persons who were identified as the last 33 remaining 
political prisoners. However, Mohamed Abadi, member of the leadership 
committee of the Justice and Charity Organization (JCO), remained 
imprisoned and the group's spiritual leader, Cheik Abdessalam Yassine, 
remained under round the clock police surveillance.
    Various international human rights groups' estimates of the number 
of persons in prison for advocating independence for the Western Sahara 
was as high as 700; however, there was no consensus on a definitive 
number. Conditions in the Western Sahara complicated attempts to 
confirm whether Sahrawis were imprisoned solely for their political 
affiliation, for open advocacy of independence, or for other actions in 
violation of the law.

    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; however, authorities sometimes ignored these provisions. The 
law stipulates that a prosecutor may issue a search warrant on good 
cause, particularly in cases of terrorism. There were reports that 
plainclothes security officers, who did not identify themselves or 
present search warrants, conducted home searches.
    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 antiterrorist law and the press 
code permit prison sentences and financial penalties for journalists 
and publishers who violate the restrictions on defamation, libel, and 
discussion of the monarchy, territorial integrity (advocating 
independence for the Western Sahara), 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.
    In January, parliament members of the Socialist Union of Popular 
Forces Party (USFP) proposed amending the press code to remove prison 
penalties for violations of the law's restrictions. However, during the 
year, there was no action to change the law.
    The Government generally controlled the media through directives 
and guidance from the Ministry of Interior, subsidies, and advertising 
allocation. 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 controlled foreign publications by 
removing banned publications from circulation.
    In January, journalist Narjis Erraghay was fined 11 cents (1 
dirham) for charges of defamation brought against her for a 1999 
article she wrote for the Al Bayanne newspaper in which she named 
Minister Mahmoud Archane as a torturer during the years that he worked 
at the Commissariat at Derb Moulay Cherif in Casablanca. Erraghay 
appealed and the case was still pending at the end of the year.
    On January 7, King Mohammed VI pardoned 33 political prisoners 
including 7 journalists. Among the journalists was Ali Lmrabet who had 
been sentenced in May 2003, under the press code, to 4 years 
imprisonment, later reduced to 3 years on appeal, and fined $2,000 
(20,000 dirhams) for disrespect to the King, disparaging the Monarchy, 
and challenging the country's territorial integrity. However, Lmrabet's 
newspapers, the French language Demain and the Arabic language Doumain, 
remained banned under the provisions of the press code.
    Also among the pardoned were Mustapha Alaoui, Abdel Majid Ben 
Taher, Mustapha Kechnini, Mohamed Al Herd, Abdelaziz Jallouli, and 
Miloud Boutrigui. All had been convicted in 2003 of offenses related to 
the government's handling of the May 16 terrorist attacks.
    In May, two Norwegian journalists were deported from the country 
after attempting to contact Sahrawi dissident Mohamed Daddach and 
others located in Western Sahara. The Government contended that the 
journalists had falsely stated the pretext for their visit to the 
country.
    On June 23, Rabat police assaulted journalist Rachid Nini and 
numerous demonstrators during a sit in of unemployed university 
graduates outside the Rabat railway station (see Section 2.b.).
    On December 9, the police assaulted journalist Lacen Aouad during a 
march on the Parliament by unemployed high school graduates. Aouad was 
reportedly beaten for photographing police beatings of demonstrators 
(see Section 2.b.).
    The 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 provides for 3 to 5 year jail sentences, 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, 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 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. Another major 
broadcaster was the French backed Medi 1, which operated from Tangier. 
While nominally private and independent, Medi 1 practiced self 
censorship, as did 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. Satellite dish 
antennas were in wide use throughout the country. The Government did 
not impede the reception of foreign broadcasts during the year.
    During the year, the Government continued to block the distribution 
on newsstands of the JCO newspaper, Rissalat Al Foutuwa; however, the 
newspaper was available on university campuses.
    The press also published unflattering and critical articles that 
would have been censored previously. The press 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. There were also articles critical of the country's 
diplomatic efforts on Western Sahara, and at least one interview with a 
person who espoused views on the Western Sahara conflict contrary to 
those of the Government.
    Books that openly criticized the country's past sold freely except 
for several that related to disappearances and the regime of King 
Hassan II. Many other books written by political prisoners were on sale 
in local bookstores.
    The Government generally did not block Internet access; however, it 
continued to block the JCO website.
    The Government restricted academic freedom. There was no open 
debate on the Monarchy, Islam, or the country's incorporation of the 
Western Sahara; however, there was considerable criticism of the 
Government's handling of the Western Sahara dispute. Government 
informers monitored campus activities, mostly Islamist, and the 
Ministry of Interior approved the appointments of rectors.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and during the year, most meetings 
and marches took place peacefully without government interference; 
however, the law also permits the Government to suppress peaceful 
demonstrations and mass gatherings, and at times the police forcibly 
prevented and disrupted gatherings. Most conferences and demonstrations 
required the prior authorization of the Ministry of Interior, 
ostensibly for security reasons. However, local observers generally 
agreed that authorities required a declaration of a public meeting and 
their own authorization in order for public venue meetings or peaceful 
sit ins to proceed, and authorities only allowed such events to take 
place if they were considered non threatening to government policy. 
Throughout the year, the Government broke up a number of peaceful 
demonstrations on topics ranging from the Iraq War to domestic issues.
    On January 3, police raided the law faculty at Moulay Ismail 
University in Meknes in search of students belonging to the leftist 
Stage by Stage movement at the university. Police reportedly detained a 
number of students and injured others. The university expelled 12 
students belonging to the movement.
    On January 20, authorities denied permission for a sit in at the 
French Consulate in Rabat, in which female activists of the PJD were 
planning to protest a French law banning the wearing of the Islamic 
headscarf and other religious symbols in schools and public places.
    On January 28, police forcibly broke up a sit in of approximately 
30 persons, including well known artists, doctors, and human rights 
activists, outside the Parliament. The demonstrators were protesting 
provisions of a free trade agreement that would regulate importation of 
generic drugs.
    On February 3, police violently broke up a demonstration by 
fishermen outside the Ministry of Maritime Fisheries. The fishermen 
were demanding removal of fishing quotas. According to news reports, 
police injured dozens of fishermen.
    Also on February 3, police forcibly broke up a demonstration by 
unemployed persons near the Rabat train station and injured several 
persons.
    On March 8, police forcibly dispersed a protest demonstration by 
relatives of jailed Islamist prisoners outside the Kenitra jail. Police 
reportedly escorted the demonstrators to the bus station and 
commandeered buses to escort them away (see Section 1.d.).
    On June 23, police assaulted a journalist and numerous 
demonstrators during a sit in of unemployed university graduates 
outside the Rabat railway station (see Section 2.a.).
    On August 22, police in Zakoura forcibly broke up a sit in outside 
the municipal building by unemployed university graduates and their 
families that began on July 5.
    In November, the Moroccan authorities broke up a demonstration of 
unemployed persons with disabilities in Rabat.
    On December 9, Rabat police beat demonstrators and journalist 
during a march on the Parliament by unemployed high school students 
(see Section 2.a.).
    The Constitution provides for freedom of association; however, the 
Government limited this right in practice. Under a decree restricting 
civil society organizations, persons who wish to create an organization 
are required to obtain the approval of the Ministry of Interior before 
holding meetings. In practice, the Ministry generally only 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 numerous active 
Islamist groups, the Government prohibited membership only in the JCO 
due to its anti Monarchist orientation. However, the Government 
tolerated some JCO activities, such as meetings and conferences. The 
Ministry of Interior, which has used this power to control 
participation in the political process, also must approve political 
parties. However, individual Islamists were not barred from 
participating in recognized political parties.
    The Government circulated a draft law on political parties that is 
designed to limit the proliferation of political parties, currently 36, 
by requiring parties to hold a national congress each year. Public 
funding of parties would be based on the number of members confirmed at 
the congress and by numbers represented in the Parliament. If approved, 
the law would increase transparency of private donations to the 
parties, allow authorities to disband political parties for 30 days 
during a national emergency, and authorities could prohibit party 
meetings or activities. Members of Parliament and established political 
parties were provided with drafts of the law; however, it was not 
submitted to the Parliament by the end of the year.
    Prior to the September 2002 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 4 years. To 
create a new party, a declaration must be submitted to the Ministry of 
Interior and signed by at least 1,000 co founding members from all 
regions of the country.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice, with some restrictions. The Constitution provides that Islam 
is the official state religion; however, non Muslim communities openly 
practiced their faith. The Constitution characterizes the country as an 
Islamic state, and designates the King as Commander of the Faithful.
    Jewish and Christian communities openly practiced their faiths; 
however, the Government placed certain restrictions on Christian 
religious materials and proselytizing, and tolerated several small 
religious minorities with varying degrees of official restrictions.
    The Government did not license or approve religions or religious 
organizations. The Government provided tax benefits, land, building 
grants, subsidies, and customs exemptions for imports necessary for the 
observance of the major religions.
    Beginning in June 2003, several preachers and religious counselors 
were accused of exploiting mosques for political purposes, such as 
promoting Islamist parties. During the year, the Ministry of Islamic 
Affairs and Endowments took charge of and monitored the activities of 
mosques, placed other restrictions on Muslims and Islamic organizations 
whose activities were deemed to have exceeded the bounds of religious 
practice or become political in nature, and began to provide religious 
training for imams. The Government strictly controlled the construction 
of new mosques; persons wanting to build a new mosque had to obtain 
permission. Authorities said that all of these measures were put in 
place in order to avoid exploitation of mosques for political 
propaganda, such as distributing pamphlets and raising funds.
    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 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 websites and publication of newspapers (see Sections 1.f., 2.a., 
2.b., and 3).
    The Government provided funds for the teaching of Islam in public 
schools. The annual budget also provided funds for religious 
instruction to the small parallel system of Jewish public schools. 
Representatives of the Jewish minority generally lived throughout the 
country in safety; however, in September 2003, a Jewish merchant was 
murdered in a religiously motivated killing. Authorities arrested three 
persons for the crime.
    During the May 2003 terrorist attacks, members of the Salafiya 
Jihadia targeted a Jewish community center in Casablanca. After the 
attacks, Muslims marched in solidarity with Jews to condemn terrorism. 
Annual Jewish commemorations normally took place in the country, and 
Jewish pilgrims from the region regularly came to holy sites in the 
country. The International Committee of the Red Cross (ICRC) assisted 
the Government in designing a course on tolerance and international 
humanitarian law, which was introduced in schools.
    The small foreign Christian community operated churches, 
orphanages, hospitals, and schools without any restriction or licensing 
requirement. Missionaries, who conducted themselves in accordance with 
cultural norms, were largely left unhindered. However, those who 
proselytized publicly faced expulsion. Islamic law and tradition called 
for punishment of 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 not in Arabic. The Government continued to 
refuse licenses for the importation and sale of Bibles in Arabic, 
despite the absence of any law banning such books. Nevertheless, Arabic 
Bibles were sold in local bookstores. During the year, there were 
reports of police questioning foreign missionaries because they were 
carrying Christian materials.
    There are two sets of laws and courts one for Muslims and one for 
Jews 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 also court officials. 
Under the new family law, which applies to Muslims, judges were being 
retrained and new civil judges were being recruited. Rabbinical 
authorities continued to administer family courts for Jews. There were 
no separate family courts for other religious groups. The Government 
continued to encourage tolerance and respect among religions.
    In 2002, the Shiite organization Al Ghadir asked for official 
status, the first such request for a Shiite association. No response 
was received from the authorities by year's end.
    For a more detailed discussion, see the 2004 International 
Religious Freedom report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, Repatriation, and Exile.--The Constitution provides for 
freedom of movement; however, the Government restricted this right in 
certain areas. In the government 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.
    The law provides for forced exile; however, there were no known 
instances of its use during the year.
    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 the country due to the conflict in the Western 
Sahara, provided that they recognized the Government's claim to the 
territory. The Government did not permit Western Saharan nationalists 
who were released from prison to live in the disputed territory.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. In November 2003, the Government 
adopted the Law on Emigration and Immigration that provides for the 
rights of asylum seekers and the temporary residency of persons who do 
not qualify for refugee status or asylum. The U.N. High Commissioner 
for Refugees (UNHCR) is currently the sole agency in the country 
entitled to grant refugee status and verify asylum cases. The 
Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees.
    In practice, the Government provided protection against 
refoulement, the return of persons to a country where they feared 
persecution, and has provided refugee status and asylum; however, there 
were reports that persons with possible claims to refugee status were 
turned away at the country's borders.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for periodic, free elections on the basis 
of universal suffrage; however, 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. The Constitution 
authorizes 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 local district administrative 
officials (caids). However, the King also may nominate provincial 
governors. Municipal and regional councils are elected. The Government 
consists of 35 cabinet level posts, including 5 sovereign ministerial 
posts traditionally appointed by the King (Interior, Foreign Affairs, 
Justice, Islamic Affairs, and Defense).
    In September 2003, there were elections for positions on 
approximately 25,000 municipal councils. Official turnout was listed at 
54 percent. By most accounts, the balloting was well organized; 
however, there were allegations of corruption and vote buying in some 
of the races. The Government limited the participation of the PJD. It 
was the only Islamist party that participated in the elections; 
however, it ran candidates in 18 percent of the municipalities. Female 
candidates won 1.7 percent of municipal council seats while fielding 5 
percent of the candidates. Following the elections, council members 
elected new mayors in all cities.
    In September 2002, the first free and fair parliamentary elections 
in the country's history were held. According to observers, the absence 
of fraud and manipulation generally enhanced the credibility of reform 
efforts. The election took place under a revised electoral code, 
including a proportional list system, plus a national list of 30 seats 
reserved for women. Twenty six parties ran candidates and, according to 
government statistics, 52 percent of those eligible voted.
    The Parliament included 30 women who gained seats reserved for 
women on the national list, plus 5 who won seats in their local 
districts. There were three female members of the upper house. 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.).
    In its July report, Transparency Morocco described bribery of 
officials, including the judiciary, as a grave impediment to human 
progress. The report claimed that bribery was increasing, and that 
senior officials lacked the will to combat it. Some human rights 
activists said that authorities made scapegoats of a few prominent 
cases. In August, the Supreme Council of the Judiciary initiated 
disciplinary proceedings against a number of judges (see Section 1.e.).
    The country has no freedom of information law. The Government 
publishes new laws and regulations in the official Gazette within 30 
days after their passage or promulgation.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government cooperated with and was generally responsive to 
local human rights monitors operating within the accepted boundaries of 
political discourse in the country. National human rights NGOs 
recognized by and cooperating with the Government included: the OMDH; 
the Moroccan League for the Defense of Human Rights (LMDDH); and the 
AMDH. The AMDH did not cooperate officially with the Government, but 
usually shared information. Some AMDH activists were arrested at a 
demonstration of unemployed college graduates. The Government, at 
times, harassed and restricted the activities of the AMDH and OMDH; 
however, during the year, some former OMDH leaders occupied high level 
posts in the Government. Since 2000, OMDH and LMDDH have had government 
subsidies in recognition of their serving the public interest. There 
were also numerous regional human rights organizations.
    The FVJ and the OMP were two additional prominent national human 
rights NGOs included. 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 OMP's main purpose was improving the 
treatment and living conditions of prisoners. These groups maintained 
fairly regular contact with government authorities throughout the year.
    In June 2003, authorities dissolved the Western Sahara branch of 
the FVJ on the charge that the organization had undertaken illegal 
activities that were likely to disturb public order and undermine the 
territorial integrity of the country. AI suggested FVJ activities were 
the peaceful expression of views on the issues of self determination 
and human rights.
    The Government's attitude toward international human rights 
organizations depended on the sensitivity of the areas of the NGO's 
concern. The Government generally was cooperative on disappearances and 
abuses by security forces. Although government officials met in June 
2002 with the International Council for the Rehabilitation of Victims 
of Torture (a Danish NGO), the Government did not agree to its 
recommendation to permit the U.N. Committee Against Torture to make 
confidential investigations in the country and to consider individual 
complaints. There were no visits by the U.N. Committee during the year.
    Human rights training, based on an agreement between AI and the 
Government for a 10 year human rights education program, continued. The 
Ministry of Human Rights, until it was abolished in June and its 
functions absorbed by the Ministry of Justice, and the Ministry of 
Education provided human rights education for teachers and, in 
cooperation with the ICRC, provided a curriculum for teaching 
international humanitarian law in schools. Increased human rights 
training was provided to prison officials, military officers, police, 
and medical personnel. The CCDH counseled the Palace on human rights 
issues, and was charged by the King to resolve cases related to persons 
who had disappeared.
    In 2002, the CCDH was mandated to produce an annual report on the 
human rights situation in the country, and it delivered its first 
edition in July. The CCDH report dwelt at length with prison conditions 
and prison overpopulation. In December 2002, the King established a 
nonjudicial ombudsman whose aim was to consider citizen allegations of 
governmental injustices and thereby ensure respect for the rule of law 
and justice. Its annual report will be reviewed by the CCDH.
    In January, the Equity and Reconciliation Commission (IER) began 
work. The authorities tasked the IER with making reparations for 
families of disappeared persons and other victims, restoring the 
dignity of victims, providing for their rehabilitation and medical 
care, and creating a thorough accounting of the events which led to 
human rights abuses and the circumstances of the crimes. The IER, which 
was headed by Driss Benzekri, a former political prisoner, had a 1 year 
mandate that was extended to March 30, 2005, due to the larger than 
expected number of petitions.
    By August, the IER reported that it had received approximately 
20,000 complaints. IER staff interviewed petitioners at the rate of 50 
per day and prepared for public hearings on torture and disappearances. 
Staff also visited former prisons and met with victims in regions that 
were particularly victimized. The IER's activities were widely reported 
in the local press.
    The IER public hearings started December 21, with six testimonies, 
and also were broadcast on two TV channels and a satellite TV channel. 
Members of the national and foreign press and NGOs were allowed to 
attend. Participants were given 20 minutes each to present their 
testimony. Under agreement with the IER, participants did not disclose 
the names of persons they considered responsible for violations. Around 
200 victims, families of victims, and witnesses of violations were 
scheduled to participate in future hearings, throughout the country, 
over a period of 10 weeks.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, 
disability, language, or social status; however, traditional practice 
discriminated against women, particularly in rural areas. In January, 
both houses of Parliament unanimously approved a new law governing 
personal status with 110 amendments, after the Cabinet approved it 
without amendment in December 2003. The reforms to the ``Moudawana'' 
personal status code were designed to make the law more free of gender 
discrimination.

    Women.--The law does not specifically prohibit domestic violence 
against women, but the general prohibitions of the criminal code 
address such violence. 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. 
Although a battered wife had the right to file a complaint with police, 
as a practical matter she would do so only if prepared to bring 
criminal charges. Physical abuse legally was grounds for divorce; 
however, for legal and societal reasons, few women reported abuse to 
authorities.
    There was substantial progress in making the public aware of 
problems concerning women, children, persons with disabilities, and 
minorities. On July 15, the Ministry of Family set up toll free numbers 
for victims of domestic violence in 20 centers throughout the country. 
There was no information available on the effectiveness of this 
initiative by year's end.
    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, victim's 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 kill a woman for her perceived immodest or 
defiant behavior, remained extremely rare.
    The law prohibits prostitution; however, it was prevalent, 
especially in urban centers. The Government did not prosecute women who 
were coerced into providing sexual services. Trafficking in persons was 
a problem (see Sections 5, Trafficking, and 6.c.).
    There is no law against sexual harassment and there were no 
reliable statistics from which to report on the extent of the problem.
    The changes to the personal status code introduced a number of 
changes to the status of women. The new law increased the marriage age 
for women from 15 to 18 years, placed the family under the joint 
responsibility of both spouses, rescinded the wife's duty of obedience 
to her husband, eliminated the requirement of a marital tutor for women 
to marry, created divorce by mutual consent, and imposed limitations on 
the practice of polygamy. However, citizenship still passed through the 
father, and single mothers were heavily stigmatized.
    The reforms were predicated on the establishment of 70 family 
courts and the training of judges to implement the reforms (see Section 
1.e.). The new personal status code will relies much more heavily on 
the court system than the previous law. Under the reforms, time limits 
were established for the family courts to pronounce judgments; for 
example, 1 month for alimony cases and 6 months for divorces.
    Under the criminal code, women generally were accorded the same 
treatment as men; however, the personal status code governs family and 
estate cases. Even in cases in which the law provides for equal status, 
cultural norms often prevented a woman from exercising her rights. For 
example, when a woman inherited property, male relatives could pressure 
her to relinquish her interest.
    While many well educated women pursued careers, few rose to the top 
echelons of their professions. Women constituted approximately 35 
percent of the work force, with the majority in the industrial, 
service, and teaching sectors. The Government reported that the 
illiteracy rate for women was 62 percent in urban areas (82 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.
    Many NGOs 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. 
There were numerous NGOs that provided shelters for battered women, 
taught women basic hygiene, family planning, and childcare, and 
promoted literacy.

    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 6 and 15, although the Government 
increasingly sought to enforce the law. There were 92.2 percent of 
children, ages 6 to 11, in primary school, and 97.6 percent of 
children, ages 4 to 5, were in pre school and kindergarten. However, 
the dropout rate for middle and high school students was nearly 20 
percent. A May report from the Secretariat for Literacy and Non Formal 
Education estimated that as many as 1.5 million children, between the 
ages of 9 to 15, were not in school. As many as 600,000 children under 
the age of 15 were presumed to be working. However, over 140,000 were 
enrolled in government remedial and vocational education programs.
    Many children worked in the informal and farming sectors due to the 
economic difficulties of their families. The Government had difficulty 
addressing the problem of child labor, except in organized labor 
markets (see Section 6.c. and 6.d.). Despite legislation, young girls 
were exploited as domestic servants on a large scale (see Section 5, 
Trafficking). NGO activists estimated that there were thousands of 
teenage prostitutes in urban centers. Their clientele consisted of both 
foreign tourists and citizens.
    The practice of adoptive servitude, in which urban families employ 
young rural girls and use them as domestic servants in their homes, was 
widespread. 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 only in recent years 
began to attract public criticism. The problem remained prevalent, 
although the National Observatory of Children's Rights has conducted, 
since 2000, a human rights awareness campaign regarding the plight of 
child maids.
    The legal minimum age of employment was 15 years. The number of 
children working illegally as domestic servants was high: 45 percent of 
household employees 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 report 
denounced the poor treatment a number of the children received, such as 
being forced to work all day with no breaks. Many children worked 
either as domestic servants, artisan apprentices, or in some other 
capacity that kept them from attending school.
    Another problem that drew attention during the year was the 
situation of unaccompanied repatriated children. Upon their return, 
generally from Spain, they were subjected to material difficulties and 
abuse on the streets, as well as abuse by border officials. The 
Government had limited capacity to deal with this problem (see Section 
5, Trafficking). In December 2003, the Government signed an accord with 
Spain to repatriate unaccompanied minors. As part of the accord, Spain 
agreed to help the Government reunify children with their families or 
in halfway houses and to provide remedial education for the repatriated 
children.
    Another problem facing abandoned children of both sexes was their 
lack of civil status. Civil status was 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 was possible for an individual to self register, but 
the process was long and cumbersome. While any child, regardless of 
parentage, may be registered within a month of birth, a court order was 
required if registration did not take place in that time. The new law 
provides that children born out of wedlock can carry the father's name.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked to, from, and 
within the country. The Immigration and Emigration Act of November 2003 
specifically prohibits trafficking in persons and levies stiff fines 
and prison sentences against those, including government officials such 
as border patrol and immigration officers, involved in or who fail to 
prevent trafficking in persons. Under the penal code, perpetrators were 
prosecuted either for fraud, kidnapping, corruption of minors, or as 
persons who forced others into prostitution.
    Trafficking in persons was a problem, but the Government fully 
complied with the minimum standards for the elimination of trafficking. 
In 2003, the Government created a bi national commission on illegal 
migration and trafficking in persons with Spain, and began conducting 
joint patrols of the waters between the mainland and the Canary 
Islands.
    During the year, the Government began the repatriation of an 
estimated 6,000 minors under an agreement concluded with Spain (see 
Section 5, Children).
    Prostitution was prevalent, particularly in cities with large 
numbers of tourists, as well as near towns with large military 
installations. Prostitution of minors was a particular problem in the 
village of El Hajeb near Meknes, which attracted sex tourists from 
Europe and the Gulf states (see Section 5, Children).
    Women were trafficked abroad, and internal trafficking was also a 
problem, particularly of women for sexual exploitation or of young 
girls for domestic service. To combat this problem, the Government 
amended the penal code in December 2003 to make sex tourism a crime. 
Other amendments increased the penalties for promoting child 
pornography and child prostitution and for employing underage children.
    The Government did not provide direct funding to NGOs offering 
services to victims of trafficking; however, the Government provided in 
kind support. The Government supported programs aimed at keeping 
children in school, improving education opportunities for rural girls, 
and expanding economic opportunities in high risk areas.
    The country was 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, or 
attempting to reach the Canary Islands from Western Sahara.

    Persons With Disabilities.--There are no laws to assist persons 
with disabilities. Specifically, the law does not mandate access to 
buildings for 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. 
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; however, 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 access 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 their 
traditions and 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 their language, limited the activities of their associations, and 
continued to ``Arabize'' the names of towns, villages, and geographic 
landmarks. Official media broadcasted in the Berber language for 
limited periods each day.
    In September 2003, teaching of the Berber language began in 317 
primary schools and in September another 961 schools began teaching 
Berber to first graders. The Government pledged to teach Berber in all 
public schools by 2008-09.
Section 6. Worker Rights
    a. The Right of Association.--The law permits workers to establish 
and join trade unions; however, the laws reportedly have not been 
implemented in some areas. Most union federations were allied with 
political parties, but unions were free from government interference. 
Approximately 600,000 of the country's 10 million workers were 
organized in 19 trade union federations. Five federations dominated the 
labor scene: The Moroccan Labor Union (UMT); the Democratic Labor 
Confederation (CDT); the General Workers Union of Morocco (UGTM); the 
Islamist oriented National Labor Union of Morocco (UNTM); and a 
breakaway wing of the CDT, the Democratic Labor Federation (FDT). The 
UMT dominated the private sector, while the CDT and FDT dominated the 
public sector.
    On June 8, the new labor code went into effect; however, the 
Government continued to rely on a tripartite process to reach accords 
on a reduction in the workweek from 48 to 44 hours, and a 10 percent 
increase in the minimum wage. Companies were forbidden from engaging in 
actions designed to undermine legitimate work stoppages.
    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; however, disaffected 
members of the CDT broke away in April 2003 to form their own labor 
federation, the FDT.
    The new law specifically prohibits antiunion discrimination and 
incorporates elements of ILO Convention 87, but prohibits several 
categories of public employees the right to form unions. These include 
members of the armed forces, the police, and the judiciary. In the 
past, under the ostensible justification of separation for cause, 
employers had dismissed workers for union activities that were regarded 
as threatening to employer interests. The new law expressly prohibits 
companies from dismissing workers for participating in legitimate union 
organizing activities. The law also prescribes the Government's 
authority to intervene in strikes. Under the law, employers are no 
longer able to initiate criminal prosecutions against workers 
participating in strikes.
    The courts have the authority to reinstate arbitrarily dismissed 
workers and are able to enforce rulings that compel 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 is a member of the 
International Confederation of Free Trade Unions.

    b. The Right to Organize and Bargain Collectively.--Constitutional 
provisions imply the right to organize and bargain collectively; 
however, with the passage of the new law, these rights are statutorily 
mandated. 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. However, only unions able to show at least 35 percent of 
the workforce as members must be recognized as negotiating partners.
    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, employers set wages for the vast majority of 
workers unilaterally. Labor disputes have arisen in some cases as the 
result of employers failing to implement collective bargaining 
agreements and withholding wages.
    The Constitution provides for the right to strike, but also 
prescribes that the conditions and ways of exercising such a right will 
be defined by subsequent law which, in fact, requires compulsory 
arbitration of disputes. The new law prohibits sit ins and establishes 
the ``right to work,'' calls for 10 day notice of a strike, and allows 
the hiring of replacement workers. The Government can intervene in 
strikes, and a strike cannot take place around issues covered in a 
collective contract for 1 year after the contract comes into force. The 
Government has the authority to break up demonstrations in public areas 
that do not have government authorization for strikes to be held, and 
to prevent the unauthorized occupancy of private space, such as a 
factory.
    Unions may not prevent non strikers from going to work and may not 
engage in sabotage. Any striking employee who prevents a replacement 
worker from getting to his job is subject to a 7 day suspension. A 
second offense within 1 year is punishable by a 15 day suspension.
    Work stoppages normally were intended to advertise grievances and 
lasted 24 to 72 hours or less. Most strikes during the year were of 
short duration, usually 24 to 48 hours, involving the teachers' unions, 
Royal Air Maroc employees, bank officers, longshoremen, bus drivers, 
cab drivers, and health care professionals.
    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.
    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. According to 2003 figures released by the Labor Department, 
inspectors helped resolve labor disputes affecting several hundred 
businesses and, by so doing, precluded 721 potential strikes. The 
Ministry of Labor's 496 inspectors served as investigators and 
conciliators in labor disputes. According to the Ministry of 
Employment, its inspectors were able to help resolve some potential 
strikes affecting businesses during the first 9 months of the year. It 
claimed that its staff, over the same period, helped to reinstate 
employees.
    Unresolved issues in the social dialog remained concerning reforms 
to pension and retirement systems, regulating the right to strike, 
providing ample notice to management before a walkout, easing rules on 
dismissing or laying off workers, and reducing management use of 
temporary workers to circumvent provisions of the code that apply only 
to permanent employees.
    In the Tangier Free Trade Zone, an export processing zone, the 
country's labor laws and practices fully apply to the 10,000 employees. 
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 Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that such practices occurred (see Section 5, Trafficking). In 
practice, the Government lacked the resources to inspect the many small 
workshops and private homes where the vast majority of such employment 
would occur. Forced labor persisted in the practice of adoptive 
servitude in households (see Section 5, Children).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum employment age was 15 years. The minimum age applied to all 
sectors and included apprenticed children and those in family 
businesses. The law prohibits children under 18 from being employed 
more than 10 hours per day, including a minimum of a 1 hour break, or 
in hazardous work or night work. Under the labor code, all employees 
are limited to a maximum 44 hour regularly scheduled workweek.
    Noncompliance with child labor laws was common, particularly in 
agriculture where, according to a 2003 survey by the International 
Program on the Elimination of Child Labor (IPEC) and the Ministry of 
Employment, 84 percent of the country's 600,000 underage workers worked 
on family farms. In practice, children often were apprenticed before 
age 12, particularly in small, family run workshops in the handicraft 
industry. Children, particularly rural girls, were employed as domestic 
servants in urban areas and usually received little or no payment. 
Children worked also in the informal sector in textile, carpet, and 
light manufacturing activities. Safety and health conditions, as well 
as wages in businesses that employ children often were substandard. The 
situation for children working in the textile sector remained 
troubling, and the Government maintained that the informal handicrafts 
sector was difficult to monitor.
    Ministry of Employment inspectors were responsible for enforcing 
child labor regulations, which generally were observed in the 
industrialized, unionized sector of the economy. However, before the 
passage of the 2003 labor code, the inspectors were not authorized to 
monitor the conditions of domestic servants. Under both the new labor 
code and the penal code, it is illegal for children under age 15 to be 
employed. Labor inspectors and police were empowered to bring charges 
against employers of underage children and specify penalties. During 
the year, a few employers were fined for employing underage children.
    Along with UNICEF and several domestic NGOs, the IPEC had several 
small, ongoing programs to provide child maids and other working 
children with rudimentary education, health care, and leisure 
activities. In January, IPEC received a $2.0 million (18 million 
dirhams) grant from a foreign government to provide remedial education 
to several thousand rural children. On June 11, in connection with the 
ILO's ``World Day Against Child Labor,'' the foreign government 
launched a $3.0 million (27 million dirhams) child labor education 
initiative project, ADROS, designed to aid at least 7000 ``apprentice 
artisans'' and child maids.

    e. Acceptable Conditions of Work.--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. 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.
    In keeping with the April 2003 tripartite accord, the Government 
raised the minimum wage for nonagricultural employees in the private 
sector by 5 percent increments in June and July, although analogous 
increases were scheduled to be delayed until January 2005 for workers 
in the textile, tourism, leather, and agro food processing industries. 
With these two increments, the minimum wage was approximately $223.30 
(2,010 dirhams) per month in the industrialized sector. It was 
approximately $5.60 (50 dirhams) per day for agricultural workers; 
however, businesses in the informal sector, which accounted for 60 
percent of the labor force, often ignored the minimum wage 
requirements.
    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 
overall unemployment rate during the year was 10.8 percent, but some 
union leaders contended that a more accurate figure, including 
underemployment, was approximately 35 percent.
    The law provides for a 44 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. 
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 the prohibition on the employment of women and children 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.
                             western sahara
    Morocco claims the Western Sahara territory and administers 
Moroccan law and regulation in approximately 85 percent of the 
territory that it controls; however, sovereignty remains disputed 
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 a U.N. supervised referendum on self determination 
for the territory. The Moroccan Government sent troops and settlers 
into the northern two thirds of the territory after Spain withdrew 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 U.N. peacekeeping contingent, known by its French initials, 
MINURSO.
    In 1975, the International Court of Justice advised that while some 
of the territory's tribes had historical ties to Morocco, the ties were 
insufficient to establish ``any tie of territorial sovereignty'' 
between the territory and Morocco. The Court added that it had not 
found ``legal ties'' that might affect the applicable U.N. General 
Assembly resolution regarding the de colonization of the territory, 
and, in particular, the principle of self determination for its 
persons. Sahrawis (as the persons native to the territory are called) 
lived in the area controlled by Morocco, lived as refugees in Algeria 
near the border with Morocco, and to a lesser extent, in Mauritania. A 
Moroccan constructed sand wall divided most of the territory between 
Moroccan and Polisario controlled sections.
    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 1997, U.N. Secretary General Kofi Annan appointed James Baker 
as his personal envoy to examine approaches for a peaceful settlement.
    During the following years, Baker visited the territory, consulted 
with the parties, and offered proposals to resolve the problem. In 
January 2003, he presented a peace plan that called for a 4 to 5 year 
period of limited autonomy for an interim administration composed of 
elected members of a Western Sahara Authority, to be followed by a 
referendum to determine the status of the territory. Morocco ultimately 
rejected the plan, while the Polisario accepted it. Subsequently, an 
adjusted text to the Baker Plan added an additional ballot option in 
the referendum to include self government or autonomy, in addition to 
the two previous options of independence or integration into Morocco. 
In July 2003, the Security Council called on the parties to work 
towards its acceptance and implementation. Morocco voiced objections to 
that resolution, while the Polisario expressed support.
    Baker resigned his post in June. Following his resignation, the 
U.N. Secretary General designated Alvaro De Soto as his Special 
Representative for the Western Sahara.
    On October 28, the Security Council voted to extend the MINURSO 
mandate until April 30, 2005 to give the parties more time to work out 
their differences.
    A sizeable Moroccan economic program subsidized migration and 
development as part of its efforts to strengthen Moroccan claims to the 
territory. In October, the Moroccan Government unveiled a new five year 
$800 million development program for all of its ``southern provinces,'' 
which included the territory. The population of the territory was an 
estimated 267,000. Incomes, fuel, power, water, and basic food 
commodities were also subsidized.
    The civilian population living in the territory under Moroccan 
administration was subject to Moroccan law. Political rights for the 
residents remained circumscribed, and citizens did not have the right 
to change their government. U.N. observers and foreign human rights 
groups maintained that the Moroccan Government monitored the political 
views of Sahrawis more closely than those of other groups, particularly 
those suspected of supporting independence and the Polisario.
    Since 1977, the Saharan provinces of Laayoune, Smara, Awsard, and 
Boujdour (and Oued Ed Dahab since 1983) have participated in elections 
organized and controlled by the Moroccan Government. In the 2002 
parliamentary elections, Sahrawis whose political views were aligned 
with the Moroccan Government filled all the seats allotted to the 
territory. In September 2003, municipal elections were held. No 
Sahrawis opposed to Moroccan sovereignty were candidates in the 
elections. According to Moroccan government statistics, the national 
turnout was 54 percent, including 68 percent in the territory.
    As in past years, there were no new reports of politically 
motivated disappearances in the territory under Moroccan 
administration. The forced disappearance of individuals who opposed the 
Government and its policies occurred over several decades; however, in 
1997, the Government pledged that such activities would not recur, and 
pledged to disclose as much information as possible on past cases. 
Authorities stated that they released information on all 112 confirmed 
cases of disappearance. However, human rights groups and families have 
continued to claim hundreds more cases, many from the territory. 
International human rights organizations continued to estimate that 
there had been between 1,000 and 1,500 disappearances of Sahrawis in 
the territory, although conditions in the territory prevented 
confirmation of this figure.
    Those who disappeared were Sahrawis or Moroccans who challenged the 
Government's claim to the territory or other government policies. Many 
of those who disappeared reportedly were held in secret detention 
camps. At year's end, Moroccan families did not have any information 
regarding their missing relatives, many of whom disappeared over 20 
years ago.
    Through the Arbitration Commission of the Royal Advisory Council on 
Human Rights (CCDH), the Government in 2000 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, as in previous 
years, many still viewed the CCDH process as biased, slow, and flawed 
administratively.
    In January, the Equity and Reconciliation Commission (IER) 
continued the work started by the CCDH, to settle serious violations of 
human rights. The IER was tasked with making reparations for families 
of disappeared persons and other victims, restoring the dignity of 
victims, providing for their rehabilitation and medical care, and 
providing a thorough accounting of the events which led to human rights 
abuses and of the circumstances of the crimes themselves. The IER was 
composed of appointed members, most of whom were human rights activists 
including Commission President Driss Benzekri, a former political 
prisoner. The IER had an extended mandate until March 30, 2005 due to 
the larger than expected number of petitions. By August, the IER 
reported having received almost 20,000 complaints, a number of them 
having to do with the territory. Throughout the year, investigative 
teams from the IER visited the territory on several extended occasions, 
in which interviewers and researchers looked into complaints, medical 
personnel treated former detainees, and IER staff prepared for public 
hearings of the abuses.
    The public hearings began on December 21 in Morocco. Under 
agreement with the IER, participants did not disclose the names of 
persons they considered responsible for violations. Around 200 victims, 
families of victims, and witnesses of violations were scheduled to 
participate in future hearings, throughout the country, over a period 
of 10 weeks. The IER was expected to present a final report in April 
2005 discussing the reasons and institutional responsibilities for 
grave violations prior to 1999.
    The 1998 U.N. settlement plan called for the Polisario to release 
all remaining Moroccan prisoners of war (POWs) after the voter 
identification process was completed. In 1999, MINURSO completed the 
voter identification process. According to Polisario claims, the 
Government continued to withhold information on 150 Polisario missing 
combatants and supporters, whom the Polisario listed by name. The 
Government of Morocco formally denied that any Sahrawi former 
combatants remained in detention. The International Committee of the 
Red Cross (ICRC) continued to investigate such claims by the Polisario. 
In a few cases, the ICRC found that individuals on the Polisario list 
were living peacefully in Moroccan territory or in Mauritania. The ICRC 
presented this information, along with documentation to the Polisario.
    Prisoners held by the Polisario continued to be among the worlds' 
longest held POWs. In recent years, the Polisario began to release 
Moroccan POWs in small groups. The Polisario released 200 Moroccan POWs 
during the year. By year's end, the Polisario still held 412 POWs, many 
of whom had been prisoners for close to 20 years.
    There continued to be credible reports from international 
organizations, Moroccan nongovernmental organizations (NGOs), and from 
the released POWs themselves that Moroccan POWs suffered serious 
physical and psychological health problems due to their prolonged 
detention, abuse and forced labor.
    The number of persons in the refugee camps was in dispute. During 
the year, the Government claimed that the Polisario detained 45,000 to 
50,000 Sahrawi refugees against their will in camps near Tindouf, 
Algeria. The Polisario claimed that refugee numbers were much higher, 
but denied that any refugees were held against their will. The U.N. 
High Commissioner for Refugees (UNHCR) and the World Food Program 
appealed to donors for food aid, and distributed food aid to a 
population of approximately 155,000 in the refugee camps during the 
year.
    On August 30, the UNHCR completed a 6 month program of confidence 
building measures, highlighted by family visits that brought 1,200 
persons to meet with long separated relatives for 5 days. Most 
participants were Sahrawi refugees from the refugee camps in Algeria 
visiting relatives in the Moroccan controlled territory. Approximately, 
19,000 Sahrawis registered to participate in the program, and 1,476 
persons were transported for visits. After a hiatus to secure 
additional funding and work out program modalities, the program resumed 
in November until the end of the year. The confidence building measures 
also include telephone exchanges between relatives in the territory and 
refugee camps in Algeria.
    On January 7, King Mohammed VI pardoned 33 political prisoners, 
including the following: Salek Bazid, a member of the Moroccan human 
rights NGO Forum for Truth and Justice (FVJ), who was originally 
sentenced to 10 years in prison for participating in violent conflicts 
with police in Smara in November 2001 and according to Amnesty 
International (AI), his conviction was based solely on confessions that 
he later withdrew in court alleging that they were extracted under 
duress; Dkhil Moussaoui, another FVJ member, had been sentenced to 1 
year in prison for participating in a demonstration that burned down a 
police station; Ahmed Nassiri, a member of the FVJ, had been serving a 
sentence of 18 months for instigating violence in Smara in 2001; and 
Ali Salem Tamek, an official of the Moroccan Democratic Confederation 
of Workers and a former FVJ member.
    The Government restricted freedoms of expression, assembly, and 
association. Sahrawi activists claimed that they were unable to form 
political associations or politically oriented NGOs.
    The Polisario reportedly restricted freedoms of expression, 
assembly, association, and movement in its camps near Tindouf.
    Due to continuing Moroccan control of the territory, the laws and 
restrictions regarding religious organizations and religious freedom 
were the same as those found in Morocco.
    Movement was restricted in areas regarded as militarily sensitive, 
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.
    Sahrawis continued to have difficulty obtaining Moroccan passports. 
However, the Government issued activist Ali Salem Tamek a passport and 
allowed him to travel abroad. The Moroccan Government prevented Sahrawi 
nationalists, released from prison in Morocco, to live in the disputed 
territory.
    Women were subjected to various forms of legal and cultural 
discrimination.
    Morocco adopted a new law in May that imposes stiff fines and 
prison terms against those, including government officials, involved in 
or failing to prevent penalties on trafficking in persons. The 
territory was a transit region for traffickers of persons.
    There was little organized labor activity. The same labor laws that 
apply in Morocco were applied in the Moroccan controlled areas of the 
territory. In June, a new Moroccan code of labor became effective. 
Moroccan unions were present in the areas controlled by Morocco, but 
were not active. The Polisario sponsored labor union, Sario Federation 
of Labor, also was not active since 15 percent of the Polisario 
controlled territory did not contain major population centers or 
economic activity, apart from nomadic herding.
    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 territory. Workers were exempt 
from income and value added taxes.
    Moroccan law prohibited forced or bonded labor, including by 
children, and there were no reports that such practices occurred.
    Regulations on the minimum age of employment were the same as in 
Morocco. Child labor was not a problem.
    The minimum wage and maximum hours of work were identical to those 
in Morocco. However, in practice, during peak periods, workers in some 
fish processing plants worked as many as 12 hours per day, 6 days per 
week, well beyond the 10 hour day, 44 hour week maximum stipulated in 
the Moroccan code of labor. Occupational health and safety standards 
were the same as those enforced in Morocco, and were rudimentary, 
except for a prohibition on the employment of women in dangerous 
occupations.

                               __________

                                  OMAN

    The Sultanate of Oman is a monarchy ruled by Sultan Qaboos Al Bu 
Sa'id, who acceded to the throne in 1970. In 1996, the Sultan issued a 
royal decree promulgating a Basic Law of the State, characterizing the 
country as ``Arab'' and ``Islamic.'' The Basic Law provides that it can 
only be amended by Royal Decree. The country has no political parties; 
however, the Consultative Council (Majlis al Shura) is a representative 
advisory institution whose members are elected directly by voters. 
Unlike in previous years in which the Government selected voters, all 
adult citizens had the right to vote in the October 2003 Consultative 
Council elections. The elections were generally free and fair, and 
approximately 74 percent of registered voters (194,000) voted to elect 
the 83 members of the Consultative Council. The Sultan retained firm 
control over all important policy issues and had final authority over 
the election process. The Sultan also appointed 58 members to the State 
Council (Majlis al Dawla), which, along with the Consultative Council, 
forms the bicameral body known as the Council of Oman (Majlis Oman). 
The Basic Law provides for many basic human rights, which are to be 
expressed ``in accordance with this Basic Law and the conditions and 
circumstances defined in the law''; however, while not all legislation 
for implementation has been enacted, the responsibilities delineated in 
the Basic Law became effective in 1996 when it was enacted. In cases 
where there is no implementing legislation, judges render judgment 
according to the principles of the Basic Law. The Basic Law provides 
for an independent judiciary; however, it gives the Sultan the right to 
appoint and dismiss judges, as well as to overturn judicial decisions 
on appeal.
    The Royal Office controls internal and external security and 
coordinates all intelligence and security policies. The Internal 
Security Service investigates all matters related to internal security. 
The Royal Oman Police (ROP), whose head also has cabinet status, 
performs regular police duties, provides security at airports, serves 
as the country's immigration agency, and maintains a small coast guard. 
The Government maintained effective control of the security forces. 
There were no reports that security forces committed human rights 
abuses.
    The country had a population of approximately 2.3 million, 
including approximately 559,000 foreigners. Based on the 2003 national 
census, the rate of population growth was 1.9 percent. Oil revenues 
were used to improve public access to health care, education, and 
social services for citizens. The GDP economic growth rate was 5.9 
percent and the economy was mixed, with significant government 
participation in industry, transportation, and communications.
    Although the Government respected a number of rights, many serious 
human rights problems remained. Citizens did not have the right to 
change their government, which is a ``hereditary Sultanate.'' Police 
did not always follow procedures regarding arrest and detention, and, 
in some instances, police handling of arrest and detention constituted 
incommunicado detention. The Government restricted freedoms of speech, 
the press, assembly, and religion. Despite legislated equality, 
discrimination against women remained a problem due to social and 
cultural factors. At times, foreign workers in private firms were 
placed in situations amounting to forced labor, and abuse of foreign 
domestic servants was a problem. Workers rights were restricted.
                        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 Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Basic Law prohibits such practices, and stipulates 
that all confessions obtained by such methods are to be considered null 
and void. There were no reported cases of voided confessions during the 
year.
    Judges have the right to order investigations of allegations of 
mistreatment. There were no reports of such investigations during the 
year.
    Prison conditions did not appear to meet international standards, 
and no visits by international human rights observers were requested. 
Prisoners have reported not having beds, and sleeping on the floor in 
crowded cells. While prisoners were fed regularly, they did not appear 
nutritionally sound. There were separate facilities for men and women, 
as well as separate facilities for juveniles and adults. Based on 
limited information, conditions for women did not appear to vary from 
those of men. Security prisoners were held separately and their 
conditions did not appear to vary from those of regular prisoners. 
Pretrial detainees also were held separately.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, there were problems in some areas.
    The ROP broadly serves the country's security needs by encompassing 
such ancillary duties as customs, airport security, civil defense, and 
coast guard. Corruption was not perceived to be a widespread problem, 
and there were no instances in which the police failed to respond to 
societal violence.
    The police are not required to obtain warrants prior to making an 
arrest. There were no reports of arbitrary detention. Within 48 hours 
of arrest, the police must either release the accused subject or refer 
the matter to the Public Prosecutor. The Prosecutor must then, within 
24 hours, either formally arrest or release the subject. Authorities 
must obtain court orders to hold suspects in pretrial detention. Judges 
may order detentions for 14 days to allow investigation and may grant 
extensions if necessary. The authorities post the previous week's trial 
results near the magistrate court building. There was a functioning 
system of bail.
    In practice, the police did not always follow legal procedures. 
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 made just prior 
to the detainee's release. The police did not always permit attorneys 
and family members to visit detainees. Judges occasionally interceded 
to ensure that security officials allowed such visits.
    There were no reports of political detainees.

    e. Denial of Fair Public Trial.--The Basic Law provides for an 
independent judiciary; however, the various courts were subordinate to 
the Sultan. The Sultan appoints all judges, who serve at his discretion 
through royal decree. The Sultan can act as a court of final appeal and 
intercede in cases, such as those concerning national security. 
However, there were no reported instances in which the Sultan 
overturned a decision of the magistrate courts.
    The court system is composed of the 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, such as divorce and inheritance 
(the latter under Shari'a law). The General Prosecutor's Office 
operates independently within the Ministry of Justice. An 
Administrative Court under the authority of the Diwan, or Royal Court 
reviews complaints against the misuse of governmental authority. During 
the year, the Administrative Court ruled against the Government in 
several cases brought by private parties, and increasingly was used as 
a check against governmental violations of the law. For example, in 
December, a landowner successfully sued he municipality for annexing 
part of his property.
    The law provides for a fair trial, and the judiciary generally 
enforced this right. The Ministry of Justice administers all courts. 
All felonies are adjudicated at the Central Magistrate Court by a panel 
whose rulings are final, except for those in which the defendant is 
sentenced to death.
    The Criminal Appeals Panel is composed of the President of the 
Magistrate Court, the court's vice president, and two judges. This 
panel hears appeals of rulings made by all courts of first instance. In 
the past, officers from the ROP received special training to carry out 
the role of public prosecutors in criminal cases; however, prosecutors 
now operate independently of the ROP.
    A royal decree established criminal rules of procedure for criminal 
cases before the courts, providing rules of evidence, procedures for 
entering cases into the criminal system, and detailing provisions for a 
public trial. In criminal cases, the police provide defendants with the 
written charges against them, and defendants have the right to present 
evidence and confront witnesses. The prosecution and the defense direct 
questions to witnesses through the judge, who is usually the only 
person to question witnesses in court. The Basic Law provides for the 
presumption of innocence and the right to counsel. For defendants 
facing prison terms of 3 years or more, the law provides 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.
    The State Security Court tries cases involving national security 
and criminal matters that require expeditious or especially sensitive 
handling. While an institution such as the Security Court functioned on 
an ad hoc basis in the past, two royal decrees in 2003 gave legal basis 
to the court. The Security Court procedures mirror closely those 
applicable elsewhere in the criminal system. The Sultan has exercised 
his powers of extending leniency, including in cases involving state 
security.
    The Ministry of Justice administers Shari'a courts of the first 
instance and an appeals court, and applies Shari'a law in the most 
broadly accepted interpretation. Courts of first instance, with a 
single presiding judge, are located in each of the 59 wilayats, or 
governorates. The Court of Appeals rulings themselves may be appealed, 
within a 1 month period, to the Supreme Committee for Complaints, which 
is composed of four members, including the Minister of Justice and the 
Grand Mufti of the Sultanate. Shari'a courts handle all family law 
cases.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law provides flexibility in this area, which the 
Government utilized in practice.
    Although it is not required by law, the police reportedly do obtain 
search warrants; however, the public prosecutor, not the court, issues 
them. 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 (GCC) countries, and 
permission was not granted automatically. Delays or denial of 
permission resulted in secret marriages within the country. Marriage in 
a foreign country 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.--The Basic Law provides for freedom 
of speech and of the press ``within the limits of the Law''; however, 
the law and government practice generally restricted freedom of speech 
and of the press. The law prohibits criticism of the Sultan in any form 
or medium and prohibits the publishing of ``material that leads to 
public discord, violates the security of the State, or abuses a 
person's dignity or his rights.'' Journalists and writers generally 
exercised self censorship due to fear of government reprisal. The 
authorities tolerated some criticism of government officials and 
agencies, particularly on the Internet; however, such criticism rarely 
appeared in the mass media. For example, the Internet chatroom, Al 
Sablah, occasionally contained messages criticizing the Ministry of 
Information and the Ministry of Social Development.
    Censors enforced the Press and Publication Law, which 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. Editorials generally 
were consistent with the Government's views, although the authorities 
tolerated some criticism regarding foreign affairs issues. Citizens 
were publicly critical of GCC policies, which the country participates 
in determining. 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 the English 
daily ``Times of Oman'' were privately owned. There were 32 state owned 
and privately owned magazines published in the country.
    In October 2003, journalists announced the creation of the Gulf 
Press Freedom Center (GPFC), which attempts to promote and defend a 
free press and human rights and aid journalistic professional 
development in the Gulf region. The GPFC is not an authorized 
organization in the country, but rather an informal network of 
concerned journalists in the Arab world. The GPFC had little effect on 
promoting free press in the region; however, its founder continued to 
monitor alleged abuses of freedom of the press, and bring such cases 
(Abdullah al Riyami and Mohamed al Harthi) to the media's attention. 
There were reports that various media houses refused to publish 
articles of these journalists for unknown reasons.
    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 have been 
returned to their owners. Government censorship decisions were changed 
periodically without any stated reason. During the year, the 
confiscation of books and tapes at the borders from private individuals 
and restrictions on popular novels reportedly eased somewhat.
    The Government owned four radio stations and two television 
stations, which generally did not air politically controversial 
material. In August, the Government promulgated a new law allowing 
private radio and television companies. No companies have been created 
since the initial decree. Foreign broadcast information is accessible 
to those with the financial resources to obtain satellite dishes.
    The appropriate government authority, the police, or a relevant 
ministry must approve public cultural events. Most organizations 
avoided controversial issues due to belief that the authorities might 
not approve their events.
    The Government, through its national telecommunications company, 
made Internet access available, for a fee, to citizens and foreign 
residents. However, it blocked certain websites that it considered 
pornographic or politically sensitive. As use of the Internet for 
expressing views normally not permitted in other media grew, the 
Government took additional measures to monitor and censor it. The 
Government placed warnings on websites that criticism of the Sultan, or 
personal criticism of government officials, would be censored and could 
lead to police questioning, which increased self censorship.
    The Government restricted academic freedom, particularly regarding 
publication or discussion of controversial matters, such as domestic 
politics. Professors could be dismissed if their work exceeded 
government boundaries; however, there were no reports of such 
dismissals during the year.

    b. Freedom of Peaceful Assembly and Association.--The Basic Law 
provides for a circumscribed freedom of assembly ``within the limits of 
the Law,'' and the Government restricted it in practice. There must be 
prior government approval for all public gatherings. The authorities, 
with rare exceptions such as demonstrations by teachers protesting the 
lack of promotions and expatriate workers protesting nonpayment of back 
wages, enforced this requirement.
    The Basic Law provides for freedom of association ``for legitimate 
objectives and in a proper manner.'' In practice, the Government 
limited this freedom by the ability to prohibit associations whose 
activities are ``inimical to the social order.'' The law states that 
the Ministry of Social Development must approve the establishment of 
all organizations and their by laws; however, some purely social or 
social welfare groups were allowed to function without formal 
registration. The Government used licensing 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 country. 
Formal registration of associations of expatriates was limited to a 
maximum of one association per nationality.
    Several leaders of nongovernmental organizations (NGOs) received 
aggressively worded letters from the Government threatening sanctions, 
unless their organizations completed a complicated and time-consuming 
registration process. There were 13 NGOs registered. The average time 
required to register an NGO was at least 2 years.
    The Basic Law provides for the formation of associations providing 
services to women, children, and the elderly. There were 42 government 
approved women's associations, some of which received limited 
government funding or in kind support, while others were self funded.

    c. Freedom of Religion.--The Basic Law provides for freedom of 
religion; however the Government restricted religious freedom. The 
Basic Law provides that Islam is the state religion and that Shari'a is 
the source of all legislation. Most citizens are Ibadhi or Sunni 
Muslims, while a minority are Shi'a. The Government permits worship by 
non Muslim residents; however, non Muslim religious organizations must 
be registered with the Government, and some of their activities are 
restricted. They may not proselytize Muslims, or publish religious 
material in the country.
    The Basic Law prohibits discrimination against citizens on the 
basis of religion or religious group. In the first quarter of 2003, the 
Ministry of Religious Affairs and Endowments launched a new quarterly 
periodical entitled ``Tolerance.'' The magazine aims to highlight the 
tolerant aspects of Islam.
    Non Muslims were free to worship at churches and temples built on 
land donated by the Sultan. The Government prohibited non Muslims from 
proselytizing, although proselytizing of non Muslims by Muslims was 
allowed. 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 activities by missionaries were 
permitted, as long as missionaries did not proselytize. Members of all 
religions and religious groups were free to maintain links with members 
abroad, and undertake foreign travel for religious purposes.
    The Government required all imams to preach sermons within the 
parameters of standardized texts distributed monthly by the Ministry of 
Religious Affairs and Endowments. The Government monitored mosque 
sermons to ensure that imams did not discuss political topics, 
instigate religious hatred or divisions, and stayed within the state 
approved orthodoxy of Islam. The Government also monitored sermons of 
non Muslim clergy. There were reports of imams being suspended or 
dismissed for exceeding government boundaries.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, Repatriation, and Exile.--The law does not provide for 
these rights; however, the Government generally respected these rights 
in practice. The Government did not restrict travel by citizens within 
the country except to military areas. The Basic Law prohibits exile, 
and there were no reported cases during the year.
    The Basic Law 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 temporary 
protection for refugees and asylum seekers 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. Illegal immigrants numbering in the thousands, primarily from 
Iran, Pakistan, and Afghanistan, are apprehended annually by the ROP 
and the armed forces. The detainees are held in special detention 
centers until their deportation can be arranged. The Government seeks 
advice from the U.N. High Commissioner for Refugees (UNHCR). The law 
provides for the granting of refugee status or asylum in accordance 
with the 1951 U.N. Convention Relating to the Status of Refugees or its 
1967 Protocol, although the country is not a state party to either the 
convention or the protocol. In practice, the Government provided 
protection against refoulement, the return of persons to a country 
where they feared persecution, but did not routinely grant refugee or 
asylum status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law does not provide citizens with the right to change their 
government. The Sultan retains ultimate authority on all foreign and 
domestic issues.
    The country's Basic Law provides for many basic human rights. 
Although it is considered to have had immediate force of law when 
promulgated in 1996, legislation and regulations to implement a number 
of its provisions have not been enacted. While family, judicial, 
administrative, and financial legislation has been enacted, much of it 
lacks the clarity of more developed legal systems. In cases where there 
is no implementing legislation, judges render judgment according to the 
principles of the Basic Law.
    The law does not provide for political parties or direct elections, 
except to the Consultative Council. Citizens had indirect access to 
senior officials through the traditional practice of petitioning their 
patrons, usually the appointed local governor, for redress of 
grievances. Successful redress depended on the effectiveness of a 
patron's access to appropriate decision makers. Decisions of government 
ministers can be contested in the Administrative Court. The 
Consultative Council had the prerogative to invite certain government 
ministers for questioning, which it exercised during the year when the 
Minister of Commerce and Industry was called to testify regarding the 
high cost of building material.
    Citizens 21 years or older (except military and security personnel) 
may vote. In 2003, over 800,000 citizens were eligible to register to 
vote and approximately 226,000 did so. 74 percent of registered voters, 
or roughly 194,000 persons, actually voted. A total of 506 candidates, 
including 15 women, competed in generally free and fair elections for 
the 83 Consultative Council seats. Of the 15 female candidates 
competing, 2 were elected. In October 2003, a royal decree also 
reappointed the incumbent President of the Consultative Council, 
although the Council elected two vice presidents from within its 
membership. The Sultan did not influence the nomination of the 
Consultative Council candidates.
    The Consultative Council serves as a conduit of information between 
the citizens and the government ministries; however it has no formal 
legislative powers. Government ministries author nearly all draft 
legislation. 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 new laws or legislative 
changes to the Sultan, who makes the final decision. During the year, 
the membership of the State Council increased from 53 to 58 members, 
and included 9 women. 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 October 2003, a royal 
decree extended the term of office for members of the Council to 4 
years.
    Between March 2003 and year's end, the first 4 female ministers 
were appointed to the 42 member Cabinet. Women hold the ministerial 
posts at the Public Authority for Craft Industries, the Ministry of 
Social Development, the Ministry of Higher Education, and the Ministry 
of Tourism. There was one female undersecretary and one female 
ambassador. There were 2 female members of the Consultative Council, 
and 3 women served on its 12 member Main Election Committee.
    Some Shi'a occupied prominent positions in both the private and 
public sectors. For example, the Ministers of National Economy (also de 
facto Minister of Finance), Commerce and Industry, and Health are 
Shi'a.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no registered domestic human rights NGOs, and no 
government controlled or autonomous human rights entities in the 
country.
    In June, a representative of the NGO Freedom House visited the 
country, and, in August, a two person delegation from Amnesty 
International (AI) visited the country. However, the Government stated 
AI did not give officials ample time to prepare an appropriate program 
for the AI visit.
Section 5. Discrimination, Societal Abuses, and Trafficking In Persons
    The Basic Law prohibits discrimination against citizens on the 
basis of sex, ethnic origin, race, language, religion, place of 
residence, and social class; however, the Government did not 
effectively enforce these provisions. 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, Shari'a prohibits all forms of physical abuse. 
There was no evidence of a pattern of spousal abuse, although observers 
claimed that allegations of such abuse in the Shari'a courts were 
common, and conversations with local observers indicated that domestic 
violence was a real concern. Battered women may file a complaint with 
the police, but 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 
sexually abusing domestic servants, and co workers physically harassing 
hospital nurses without being held accountable for such actions (see 
Section 6.e.). There were no government programs for abused women. The 
law prohibits rape, and the Government enforced the law effectively.
    Prostitution was illegal, and generally was rare due to strict 
cultural norms and immigration controls.
    There is no law prohibiting female genital mutilation (FGM); 
however, experts believed that the number of such cases was small and 
declining.
    While progress has been made in changing laws and attitudes, women 
continued to face many forms of social 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. Women may own property; however, government 
officials frequently denied women land grants or housing loans and 
preferred to conduct business with a woman's husband or other male 
relative.
    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. Women 
married to noncitizens may not transmit citizenship to their children.
    Women have equal opportunities for education. The ratio of female 
to male enrollment was equal in primary education. A 2003 UNICEF report 
praised the country's achievements in closing the gender gap in 
education. In addition, female students represent 63 percent of the 
national undergraduates studying abroad. Educated women have attained 
positions of authority in government, business, and the media. 
Approximately 33 percent of all civil servants were women. 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. The Ministry of Social Development is the umbrella 
ministry for women's affairs. The Ministry provided support through the 
Oman Women's Association and local community development centers.

    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. Primary school enrollment was 65 
percent. Most children attended school through secondary school. The 
infant mortality rate continued to decline, and comprehensive 
immunization rates rose. The Government provided free health care for 
all children up to 6 years of age. There were no public reports of 
violence against children; however, the Government has called publicly 
for greater awareness and prevention of child abuse. FGM was not common 
(see Section 5, Women).
    The Government formed a National Committee on the Rights of the 
Child (NCRC) to monitor the country's compliance with the U.N. 
Convention on the Rights of the Child. In April, a royal decree 
ratified two optional protocols to the Convention on the Rights of the 
Child: The Protocol on the Sale of Children, Child Prostitution, and 
Child Pornography, and The Protocol on the Involvement of Children in 
Armed Conflict.
    There were no reports of child prostitution. Child labor existed in 
the informal, subsistence, and family business sectors of the economy; 
however, it was not a problem in the organized labor market (see 
Section 6.d.).

    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.

    Persons With Disabilities.--There was no government discrimination 
against persons with disabilities in employment, education, access to 
health care, or in the provision of other state services.
    There is no legislated or otherwise mandated provision requiring 
access to public buildings for persons with disabilities; however, the 
Government has encouraged, with modest success, public facility 
accommodation of persons with disabilities. The Labor Law stipulates 
that enterprises employing more than 50 persons should have at least 2 
percent of the jobs earmarked for persons with disabilities; however, 
this regulation was not widely enforced. There was a government 
sponsored rehabilitation center in the capital, and there were 17 
private rehabilitation centers throughout the country. A few persons 
with disabilities, including blind persons, worked in government 
offices. Persons with disabilities generally were not charged for 
physical therapy and prosthetics.

    National/Racial/Ethnic Minorities.--The Basic Law prohibits 
discrimination against citizens based on racial or ethnic 
characteristics. Citizens of African origin sometimes claimed that they 
faced job discrimination in both the public and private sectors, 
although these allegations have diminished over several years.

    Other Societal Abuses and Discrimination.--While there were no 
reports of official discrimination against persons with HIV/AIDS, 
societal attitude in the country remained fearful towards persons with 
the disease. A ``Peer Education'' pilot project promoted by the 
Ministry of Health and initiated in the Muscat area attempted to 
improve awareness and education on the disease among youth. In December 
2003, a toll free AIDS hotline was inaugurated, and was fielding 50 to 
100 calls per month.
Section 6. Worker Rights
    a. The Right of Association.--The law does not provide workers with 
the right to form or join unions; however, workers in any establishment 
may form a representational committee with the goal of taking care of 
their interests, defending their rights, and representing them in all 
matters related to their affairs. Fifteen companies have held elections 
to their representational committees, and 7 have been certified by the 
Ministry of Manpower.

    b. The Right to Organize and Bargain Collectively.--The Labor Law 
does not address strikes; however, the labor law details procedures for 
dispute resolution. Labor unrest was rare. Strikes are permitted; 
however, there were none during the year.
    The law does not explicitly provide for the right to collective 
bargaining. The law requires that employers of more than 50 workers 
form a joint labor management committee as a communication forum 
between the groups. Implementation of this provision was uneven, and 
the effectiveness of the committees was questionable. Membership in the 
administrative body is terminated if members ``commit any act that 
causes material or moral harm to the committee or the establishment or 
its workers or the public interest of the Sultanate.'' In addition, 
committees are prohibited from accepting grants from noncitizens and 
from traveling outside the country without approval from the ministry.
    New rules relating to domestic employees were stipulated in 
Ministerial Decision 189. According to the new decision, the employee 
has the right to end a contract if he or she proves that the employer 
or a family member assaulted him or her. It also stipulates that 
employees should be paid within 7 days of the end of each month, and 
should receive free food, accommodation, and medical treatment. 
Employees have the right to take disputes to the Labor Welfare Board. 
The Labor Welfare Board attempts to mediate disputes between employers 
and employees. If a settlement cannot be reached, the parties may seek 
recourse in the appropriate courts.
    Work rules must be approved by the Ministry of Manpower and posted 
conspicuously in the workplace by employers of 15 or more workers. 
Government inspectors occasionally performed random inspections to 
enforce implementation of these regulations. Similarly, any employer 
with 50 or more workers must establish a grievance procedure. 
Employees, including foreign workers, may file a grievance with the 
Labor Welfare Board, which functions as a mediator between employee and 
employer. In some cases, worker representatives were able to file 
collective grievances. Should mediation fail, cases may be referred to 
court; however, this occurred infrequently. Lower paid workers used the 
procedure regularly. Legal counsel may represent plaintiffs and 
defendants in such cases. Workers frequently took their cases to the 
courts, but since many of the companies that had not paid wages were 
bankrupt, it was difficult to collect judgments.
    There were no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including of children; however, there were 
reports that such practices occurred. 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 documents that release workers from employment contracts and 
allow them 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, the board 
released the worker from service without deportation and awarded 
compensation for time worked under compulsion. In addition to 
reimbursing the worker's back wages, guilty employers were subject to 
fines.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law specifically prohibits forced or compulsory labor by children, and 
there were no reports that such practices occurred.
    In April 2003, the Government raised the minimum age for children 
to work from 13 to 15 years. For certain hazardous occupations, the 
minimum employment age is 18 years. Children 15 to 18 years of age may 
be employed, but they cannot work at night, on weekends, or holidays. 
The Ministry of Manpower 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 fishing sectors.
    Child labor did not exist in any formal industry. Although some 
children participated in camel races, there were no reports of child 
camel jockey abuses. In rare instances where children who normally 
raced camels free of charge were paid, it was not illegal and did not 
constitute child labor. The NCRC recommended raising the minimum age of 
child camel jockeys from 12 to 15 years.

    e. Acceptable Conditions of Work.--The Ministry of Manpower issues 
minimum wage guidelines for various categories of workers. The 
suggested minimum wage for most citizens is approximately $260 (100 
rials) per month, plus $52 (20 rials) for transportation and housing. 
Minimum wage guidelines did not apply to a variety of occupations and 
businesses, 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 
guidelines; however, highly skilled foreign workers were well paid. The 
minimum wage was insufficient to provide a decent standard of living 
for a worker and family.
    The private sector workweek was 40 to 45 hours; it 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 with the Labor Welfare Board; however, the board's 
rulings were not binding.
    Every worker has the right to 15 days of annual leave during the 
first year of continual employment and 30 days per year thereafter.
    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. Employees covered 
under the labor law could recover compensation for job related injury 
or illness through employer provided medical insurance. Inspectors from 
the Department of Health and Safety of the Directorate of Labor 
generally enforced the health and safety standard codes. As required by 
law, they made regular onsite inspections. During the year, there were 
no reports of significant problems.
    Foreign workers constituted at least 50 percent of the work force 
and as much as 80 percent of the private sector work force. There 
continued to be reports that employers or male coworkers sexually 
harassed and abused foreign females employed 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. Foreign female workers at times had to ask their governments' 
embassies for shelter to escape abuse (see Section 5). Many South Asian 
governments provided repatriation for destitute nationals.

                               __________

                                 QATAR

    Qatar is a monarchy governed by the ruling Al-Thani family through 
Emir Sheikh Hamad bin Khalifa Al-Thani, who seized power from his 
father in 1995. The Emir exercises full executive power based on the 
influence of religious law, consultation with citizens, and rule by 
consensus. The Emir generally legislates after consultation with 
leading citizens, an arrangement institutionalized in the appointed 35-
member Advisory Council that assists the Emir in formulating policy. A 
draft of a new Constitution, approved in April 2003 by approximately 96 
percent of voters, was ratified by the Emir on June 6 and will come 
into force in June 2005, during which constitutional institutions, 
laws, and regulations will be brought into conformity with it. The new 
Constitution provides for continued hereditary rule by the Emir's 
branch of the Al-Thani family. In April 2003, citizens elected all 29 
members of the Central Municipal Council, which advises the Government 
on domestic issues but does not have the authority to change policy. 
The elections were generally regarded as free and fair, although only 
30 percent of eligible voters participated. The Constitution provides 
for an independent judiciary; however, the Emir appoints all judges 
based on the recommendations of the Supreme Judiciary Council.
    The civilian security force, controlled by the Ministry of 
Interior, consists of the police and the General Administration of 
Public Security. The civilian intelligence service, Qatari State 
Security, reports directly to the Emir and performs internal security 
investigations, gathers intelligence, and has primary responsibility 
for sedition and espionage cases. The civilian authorities maintained 
effective control of the security forces. There were no reports that 
security forces committed human rights abuses.
    The country's economy is based on gas and oil exports. The 
population is approximately 744,000, of whom approximately 200,000 are 
citizens. The Government owns most basic industries and services, but 
the retail and construction industries are privately owned. Foreign 
workers, mostly South Asian and Arab, represent approximately 85 
percent of the workforce. Many government jobs are offered generally to 
citizens, and private sector businesses are encouraged to recruit 
citizens as well. The rate of economic growth was 20.5 percent, an 
estimated 35 percent increase from the previous year. GDP per capita 
was USD 37,000. Although there was not sufficient economic data 
available, local economists and bank officials claimed that wages did 
not keep pace with inflation nor with rapidly rising housing rents. 
Inflation did not appear to impact basic foodstuffs but consumer 
commodities like automobiles, furniture and basic amenities increased 
moderately. In 2003, the Government started a major initiative to 
combat corruption in government procurement. Corruption has had limited 
impact on the country's economic growth and development. However, 
government agencies and state-owned entities were increasingly 
sensitive to appearances of corruption and worked to establish more 
open and transparent processes.
    Although there were some improvements in a few areas, serious 
problems remained. Citizens did not have the right to peacefully change 
their government. The Government continued to restrict the freedoms of 
speech and press. The Government placed some limits on the freedom of 
movement of women. In practice, tradition and custom limited women's 
rights. Some domestic servants, who are not covered under the new labor 
law, were mistreated and abused and worked under conditions that were 
tantamount to indentured servitude. Noncitizens, who make up more than 
75 percent of local residents, sometimes faced discrimination in the 
workplace. Foreign laborers were disadvantaged in cases involving the 
performance of labor contracts. They did not receive the same allowance 
and salaries that were given to citizens in equivalent positions. 
Further, they were not allowed to leave the country or change 
employment without the permission of their current sponsor. Unskilled 
foreign workers continued to suffer from the lack of a minimum wage in 
the private sector. The country was also a destination for trafficked 
persons.
    Unlike the 1972 Amended Provisional Constitution, the new 
Constitution contains a number of human rights provisions. Most of 
these provisions will depend, for their practical effect, on existing 
or future laws. The process of law-making to conform the legal 
environment to the new Constitution continued at varying pace in 
different sectors during the year. The Government advanced the right of 
assembly in November with the enactment of Law No. 18, which allows 
individuals to organize demonstrations and public assemblies. However, 
the law stipulates that organizers must acquire a permit, for which 
there are a number of restrictions and conditions, and imposes 
restrictions on the topics of discussion. In May, the Government 
enacted Law No. 12, which regulates the right to form private societies 
and institutions. Law No. 12 also allows individuals, for the first 
time, to establish professional societies for the purpose of elevating 
the level of the profession. While Law No. 12 endorses the 
participation of citizens and non-citizens alike, it imposes conditions 
and restrictions on non-citizens who want to practice this right. 
During the last 6 months of the year, progress was made in establishing 
the conditions for implementation of the new labor law, to be enacted 
in January 2005. Although this new labor law expands and protects 
workers' rights in some areas, in others the new law is restrictive. 
The law prohibits non-citizen workers from forming labor unions or 
associations, and restricts the rights to bargain collectively and 
strike. Also, in March, the Government enacted Law No. 2, which 
guarantees the rights of persons with disabilities and ensured their 
entitlement to government services to include among others: Education, 
healthcare and employment.
                        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 reports that 
government officials employed torture. However, the Government 
administered most corporal punishment prescribed by its interpretation 
of Islamic law but did not allow amputation. Punishments were not 
administered publicly.
    The Government permitted the independent monitoring of prison 
conditions. In July, Amnesty International (AI) conducted one visit. 
According to the National Human Rights Committee (NHRC), a government-
funded human rights non-government organization which conducted three 
visits to the men and women prisons during the year, prison conditions 
generally met international standards. In August, diplomatic officials 
also conducted a visit to the men and women deportation center in 
August and found conditions there met international standards.
    Women were held separately from men, and juveniles were held 
separately from adults. Pretrial detainees were held separately from 
convicted prisoners. Security prisoners were also held separately in 
special prisons.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions in practice; however, in some cases these rights 
were restricted by Law No. 17 of 2002, which was used to ``protect 
society.''
    Suspects are charged within 48 hours and must appear before a judge 
within 4 days of their arrest. The judge may order the suspect 
released, remanded to custody to await trial, held in pretrial 
detention pending investigation, or released on bail. Judges may also 
extend pretrial detention for 1 week at a time to allow the authorities 
to conduct investigations. The accused is entitled to legal 
representation throughout the process. There were no provisions for 
state funded legal counsel for indigents. Suspects who were detained in 
security cases generally were afforded access to counsel; however, they 
may be detained indefinitely while under investigation.
    Law No. 17 is aimed specifically at the ``protection of society'' 
and provides official exemption from the prohibition of arbitrary 
arrest and detention and the code of criminal procedure. The law 
empowers the Minister of Interior to detain a defendant on crimes 
related to national security, honor, or impudence upon the 
recommendation of the Director General of Public Security. Under this 
statute, the detention period can range from 2 weeks to 6 months. 
Moreover, that period can be extended up to 2 years at the discretion 
of Ministry of Interior officials. The prime minister adjudicates 
complaints against these detentions. According to human rights 
officials, there were eight cases of individuals arrested under this 
law during the year. Five of the individuals were released after 
follow-up from the NHRC organization that promotes the observance and 
protection of human rights and basic freedoms. Three remained in 
detention for 6 months and were then transferred to the courts. They 
were convicted and, at years end, were waiting the appeal of their 
cases. In addition, since June, nine men were held in detention at the 
central jail due to their nationality being revoked. There were no 
cases of incommunicado detention.
    The Ministry of the Interior controls the police forces, which 
include the Coast Guard and Border Police, Fire Department, and 
Immigration Authorities. They generally were effective, and corruption 
and abuse of power were minimal. The Ministry of the Interior has an 
Office of Human Rights in its Legal Department to deal primarily with 
labor and issues involving trafficked persons.

    e. Denial of Fair Public Trial.--Although the Constitution provides 
for an independent judiciary, approximately half of the judges were 
foreign nationals holding residence permits granted by the civil 
authorities. All judges held their positions at the discretion of the 
Government. The Emir appoints all judges based on the recommendation of 
the Supreme Judiciary Council.
    The Adlea (Civil Law) courts and Shari'a (Islamic law) courts have 
been united under the Supreme Judiciary Council. Since 2002, with the 
enactment of Law No. 10, general prosecutors have been independent from 
the authority of the Ministry of Interior.
    Before the merging of the Adlea and Shari'a courts in October, the 
Adlea courts had jurisdiction in commercial, national security, 
trafficking, 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 occasional state 
security courts, although there have been no cases before these courts 
since the Emir assumed power. Defendants tried by all courts have the 
right to appeal. In October, the High Court of Cassation was 
established as the highest appellate court in the country.
    The Shari'a courts applied most principles contained in the draft 
Family Status Law, which covers marriage, inheritance, and juvenile 
matters. Shari'a trials usually were brief. Shari'a family law trials 
often were held without counsel; however, an increasing number of 
litigants, especially women, had legal representation. As of October, 
there were no separate Shari'a trials with the merging of the Adlea and 
Shari'a Courts.
    Criminal cases normally were tried within 2 to 3 months after 
suspects were detained. Suspects are entitled to bail, except in cases 
of violent crime. Foreigners charged with minor crimes can be released 
to a citizen sponsor, although they are prohibited from departing the 
country until the case is resolved. Defendants in the civil courts have 
the right to legal representation.
    Both Muslim and non-Muslim litigants may request the Shari'a courts 
to assume jurisdiction in family, commercial, and civil cases. Court 
trials are public, but the presiding judge can close the courtroom to 
the public if the case is deemed sensitive. Lawyers prepare litigants 
and speak for them during the hearing. Non-Arabic speakers are provided 
with interpreters. Defendants are entitled to legal representation 
throughout the trial and pretrial process. Shi'a and Sunni judges apply 
their own interpretations in cases involving issues of family status 
and inheritance. There is an adequate number of both Shi'a and Sunni 
judges to accommodate their population and their population respects 
their decisions.

    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 protection against arbitrary intrusion for both citizens 
and noncitizens. Judicial authorities must grant warrants before police 
may search a residence or business, except in cases involving national 
security or emergencies. 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 for male citizens. In practice, female 
citizens were not able to provide citizenship for their husbands.
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 
some restrictions on these rights in practice. 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.
    Citizens expressed many of their views freely and in public, 
although they avoided discussing sensitive political and religious 
issues. The larger noncitizen population did not express itself as 
freely or as publicly. Toward the end of the year the Government 
initiated a series of public debates, called the ``Doha Debates'' 
addressing political issues of the day, such as separation of mosque 
and state and regional democratic reform. The Government did not 
prosecute anyone for the expression of views considered offensive.
    Newspapers are not state-owned; however, 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 Censorship Office in the Qatar Radio and Television Corporation 
reviewed materials for pornography and material deemed hostile to 
Islam, reports on government policies, and the ruling family. There 
were no reports of political censorship of foreign print or broadcast 
news media or foreign programs.
    Customs officials screened and censored imported print and 
electronic media for items on government policies and the ruling 
family, but officials no longer blocked the personal importation of 
non-Islamic religious items (see Section 2.c.). The law provides for 
criminal penalties and jail sentences for libel. All cases involving 
the media fall under the jurisdiction of the criminal courts.
    State-owned television and radio reflected government views, but 
the 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. JSC was 
government subsidized but independent. JSC 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.
    The Government censored the Internet for religious reasons and 
pornographic content through a proxy server, which blocked websites 
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.
    The Constitution provides for freedom of opinion and scientific 
research; however, there was no tradition of academic freedom, and 
instructors at the University of Qatar exercised self-censorship.

    b. Freedom of Peaceful Assembly and Association.--Law No. 18, 
enacted in November, provides for and regulates freedom of assembly; 
however, a permit is required for such public gatherings. A number of 
restrictions and conditions must be met in order to acquire a permit, 
one of which is the permission of the Public Security director general, 
whose decision is immune from appeal. The Government generally did not 
allow political demonstrations.
    A new statute, Law No. 12, regulates the right to form private 
societies and professional associations, and the Government severely 
limited this right in practice. The law allows for the participation of 
non-citizens in private societies only in cases where their 
participation is deemed necessary to the work of the society. Law No. 
12 also imposes strict conditions for the establishment, management, 
and function of these societies and associations. Among others, they 
are prohibited from engaging in political matters and must get approval 
from the Ministry of Civil Service Affairs and Housing, which can deny 
their establishment if deemed a threat to the public interest. Also, in 
the cases of professional societies, they must pay approximately 
$14,000 in licensing fees and their permits are valid for only a 3-year 
period, after which time they must renew their license and pay the same 
fees. The Government did not allow political parties or international 
professional organizations critical of the Government or of any other 
Arab government. Security forces monitored the activities of such 
groups.

    c. Freedom of Religion.--The Constitution provides for freedom of 
worship, in accordance with the law and the requirements of protecting 
the public system and public behavior; however, the Government 
continued to prohibit proselytizing of Muslims by non-Muslims and 
placed some restrictions on public worship.
    The state religion is Islam, as interpreted by the conservative 
Wahhabi order of Sunni Islam. Both Sunni and Shi'a Muslims practiced 
Islam freely. Shi'a Muslims did not organize traditional Shi'a 
ceremonies or perform rites such as self flagellation in public, but 
did so in their own mosques. Shi'a Muslims were permitted to build and 
decorate Shi'a mosques without restrictions.
    The Government and the ruling family are linked inextricably to 
Islamic institutions and practices. The Ministry of Islamic Affairs 
administers the construction of mosques, clerical affairs, and Islamic 
education for adults and new converts. The Ministry of Education 
administers Islamic Education in the public schools. The Emir 
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'a employed in senior national security 
positions.
    The Government has given legal status to Catholic, Anglican, 
Orthodox, Coptic, and many Asian Christian denominations; other 
Christian congregations may request recognition. However, the 
Government does not allow the building of any new places of worship 
without permission. It has provided congregations with registration 
numbers that allow them to open bank accounts and sponsor clergy for 
visas. The Emir designated land in Doha for the construction of 
Christian churches; however, Christian religious leaders had not 
applied to the Municipal Council for building permits by year's end.
    Non-Muslims may not proselytize; however, the Government no longer 
places restrictions on public worship by non-Muslims. Converting from 
Islam was considered apostasy and was technically a capital offense; 
however, since 1971, there have been no records of prosecution for such 
a crime.
    The Government did not permit Hindus, Buddhists, Bahai's, or 
members of other religions to operate as freely as Christian 
congregations. However, there was no official effort to prevent 
adherents of these faiths from practicing privately.
    Individuals were not prevented from importing Bibles and other 
religious items for personal use. Government officials only monitor 
Islamic religious literature and copies of the Koran. 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.
    There were no acts of physical violence against or harassment of 
Jewish persons; however, some anti-Jewish sentiments were expressed in 
cartoons in local Arabic newspapers.
    For a more detailed discussion, see the 2004 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; however, there 
were some notable exceptions. There were no restrictions on internal 
travel, except around sensitive military and oil installations. In 
general, women over 30 years old 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. The Government did not allow noncitizen custodial 
parents to take their children out of the country without the 
permission of the citizen parent. Citizens critical of the Government 
sometimes faced restrictions on their right to travel abroad.
    The Constitution prohibits forced exile of citizens. However, there 
were reports of increasing numbers of citizens whose nationality has 
been revoked toward the end of the reporting period. This policy 
created ``stateless'' persons. Once their nationality is revoked, these 
individuals automatically lose their jobs, and they and their families 
are no longer eligible to receive government assistance--that is, 
access to free education, healthcare, government loans, land, housing, 
and employment.
    The Constitution provides that citizens have the right to return. 
Foreigners were subject to restrictions on entry and exit designed to 
control the size of the local labor force (see Sections 6.c. and 6.d.). 
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 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, and the Government has not 
established a system for providing protection to refugees. 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 sponsored.
    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
    During the year, the country took some steps toward more democratic 
governance by enacting some of the changes called for in the new 
Constitution, and the legal and institutional environment was evolving; 
however, citizens do not have the right to peacefully change their 
government. The new Constitution provides for a more democratic 
political system, hereditary rule by the Emir's branch of the Al-Thani 
family, and legislative authority to be vested in normal circumstances 
in an Advisory Council with 30 elected members and 15 members appointed 
by the Emir. National elections for the 30 seats are expected to be 
announced in 2005, to be followed by the holding of elections in late 
2005 or early 2006. The influence of Bedouin tribal traditions was 
still strong, and the Government did not permit political parties or 
organized opposition groups.
    The Emir exercises most executive powers, including appointment of 
cabinet members. In 2003, citizens elected all 29 members of the 
Central Municipal Council, a nonpartisan body that addresses 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. The elections were generally regarded as free and fair, 
although only 30 percent of eligible voters participated.
    Influence of traditional attitudes and roles continued to limit 
women's participation in politics; however, there are currently a 
number of women serving in public office: Sheikha bint Ahmed al-Mahmud 
as Minister for Education and Teaching; Sheikha Aisha bint Khalifa Al-
Thani, member of the ruling family, is president of the Election 
Committee; and Sheikha Ghalia bint Mohammad bin Hamad Al-Thani, also a 
member of the ruling family, is Deputy Chairperson of the National 
Human Rights Commission. There was also one woman serving on the 
Central Municipal Council. A woman is the President of the University 
of Qatar. The Emir's sister is Vice President of the Supreme Council of 
Family Affairs and also has the rank of Minister.
    The Government did not deny access to information but most was not 
readily available, particularly statistical data. The Government 
publishes all of its laws in the official gazette; however, it had not 
developed sufficient resources to facilitate the publication or access 
to economic statistics, demographical data, or draft legislation being 
analyzed or considered by the government or Advisory Council. 
Government officials shared draft legislation with select industry 
representatives for comment, but this information was not open to all 
companies or interested parties. The Ministry of Economy and Commerce 
and Qatar Central Bank provided published materials on laws and 
procedures for the public, but these efforts were not consistent 
throughout the Government. Individuals and private institutions can 
request this information from the ministries and the Planning Council.
    The lack of transparency in government procurement was an issue of 
concern. Some companies expressed concerns about government 
procurement, particularly the lack of clarity in the conditions and 
criteria of the tender, proper notification or explanation for 
companies that did or did not qualify for tenders, and the inability to 
challenge awards.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Law No. 18 enacted in November provides for the right to form 
private independent societies and associations; however, currently 
there were no independent human rights groups that exist in the 
country. The NHRC comprised of members of both government ministries 
and civil society was established by governmental decree in May to 
investigate and improve local human rights conditions. The NHRC held 
numerous training workshops for government officials. Participants 
included those from the Ministry of Interior, Ministry of Defense, 
State Security Organization, Public Prosecution and the Courts. The 
NHRC also successfully managed to help three Arab expatriates to be 
released from jail. During the year, AI twice visited the country to 
investigate conditions in the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination in the workplace; however, 
institutional, cultural, and legal discrimination based on gender, 
national origin, and social status existed.

    Women.--The official interpretation of Shari'a prohibits all forms 
of physical abuse. According to a local quasi-governmental organization 
on family issues, domestic violence against women occurred, but was not 
widespread. During the year, there were no publicized arrests or 
convictions for domestic violence. The maximum penalty for rape was 
death. Shari'a provides no punishment for spousal rape.
    Some employers mistreated foreign domestic servants, especially 
those from South Asia and the Philippines (see Section 6.e.). Foreign 
embassies provided temporary shelter for 48 hours to their nationals 
who left their employers as a result of abuse or disputes before 
transferring the case to local government officials. According to 
source country embassies, the majority of cases were resolved amicably 
within 48 hours. Those not resolved within 48 hours were transferred to 
the Criminal Evidence and Investigation Department (CEID) of the 
Ministry of Interior for a maximum of seven days. Cases not resolved 
within 7 days were transferred to the court. According to the 
Indonesian Embassy, 669 housemaids reported mistreatment by their 
employers during the year. Complaints included sexual harassment, 
physical torture, overwork, imprisonment, and maltreatment. 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,'' or a violent assault against a woman 
for perceived immodesty or defiant behavior; however, such honor 
killings are rare and none occurred during the year.
    Traditions and the interpretation of Shari'a law restricted the 
activities of women. The Government adhered to an interpretation of 
Shari'a that recognizes that Muslims have the automatic right to 
inherit from their Muslim 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. A Muslim husband does not 
automatically inherit the property of a non-Muslim wife. 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, regardless of her religion.
    Women may attend court proceedings but generally are represented by 
a male relative; however, women may represent themselves if they wish. 
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.
    Many women serve as senior professionals in government service, 
education, health, and private business. Women made up 14.2 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, which generally covered 
transportation and housing costs.
    Although women above 30 years of age legally were able to travel 
abroad alone (see Section 2.d.), tradition and social pressures caused 
most women to travel with male escorts.
    With the enactment of Law No. 12 in November, women have the right 
to form independent women's rights organizations. Prior to and since 
the enactment of this law, the Supreme Council for Family Affairs 
sought to improve the status of women and the family under both civil 
and Islamic law. The Council contributed to a number of national and 
international conferences, studies, and reports on the status of women 
in the country. The Council established five organizations that deal 
with women and children issues: The Women and Children Protection 
Committee, the Family Consulting Center, the Motherhood and Childhood 
Cultural Center, the Orphans Care Center, and the Qatar Society for 
Senior Citizens Care. The Children and Women Protection Committee 
handled more than 100 cases involving children, education, health, 
nationality, abuse, and custody. The Committee was successful in 
resolving 90 percent of these cases.

    Children.--The Government is committed to the welfare of citizen 
children. The Government provided for 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 15. Education through primary school (the 
equivalent of ninth grade) was compulsory and free for all citizen 
children and for noncitizen children whose parents worked in the 
government sector. Medical coverage for noncitizen children was 
limited. The lack of primary educational and medical services to non-
citizen children caused hardship for a substantial part of the 
expatriate population living in the country.
    There was no societal pattern of abuse of children, apart from the 
trafficked, juvenile camel jockeys (see Section 5, Trafficking).
    The Women and Children Protection Committee of the Supreme Council 
for Family Affairs maintained a children's hotline called the Friendly 
Line for use by children. The system allowed both citizen and 
noncitizen children to call with questions and concerns ranging from 
school, health, and psychological problems to concerns about sexual 
harassment.

    Trafficking in Persons.--The law prohibits trafficking for persons; 
however, men and women were trafficked into situations of coerced 
labor, and male children were trafficked into the country to serve as 
jockeys in the camel races. In December, the Cabinet approved measures 
to ban the use of children as camel jockeys.
    More than 100 children aged 4 to 15, mostly of Sudanese origin, 
were used as jockeys in camel races. Guardians and handlers, who often 
claimed to be parents, brought the children into the country and 
supervised their training. The boys lived in harsh conditions. They did 
not receive proper education, medical care, and supervision. A visit to 
a camel jockey compound found young, sickly, overworked and 
malnourished Sudanese boys. Contact between the boys and their guardian 
was infrequent, if at all. The boys subsisted on a substandard diet. 
They were made to work very long hours and trained on a daily basis to 
become riders.
    The country also was a destination for women and girls who traveled 
to the country to work as domestic servants. Some reported being forced 
into domestic servitude and sexual exploitation.
    In January, the Cabinet established the Trafficking in Persons 
(TIP) Implementation Committee, which was charged with implementing 
specific anti-trafficking reforms. It sponsored training for judges and 
their deputies on prosecution of trafficking-related offenses. It 
monitored immigration patterns for evidence of trafficking. The 
Government provided assistance to domestics who have suffered from 
abuse and provided shelter for them in deportation centers. It ran a 
24-hour hotline to advise women and children in abusive situations.

    Persons With Disabilities.--Law No. 2, enacted in March, requires 
the allocation of resources for persons with disabilities and prohibits 
the discrimination against persons with disabilities. Among some of the 
rights and provisions mandated for persons with disabilities are: 
Rehabilitation, education, transportation, medical and social care, 
support services, access to public facilities, and employment. In the 
case of the latter, the law requires that 2 percent of all jobs in 
government agencies and public institutions be set aside for persons 
with disabilities. Also, private sector businesses employing a minimum 
of 25 persons were also required to hire persons with disabilities. 
Further, those caught violating these employment provisions were 
subject to fines. The Supreme Council for Family Affairs is charged 
with ensuring compliance with the rights and provisions mandated under 
Law No. 2.

    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). Noncitizens generally cannot own property; however, Law 17, 
enacted in June, regulates the right of usufruct and allows for 
ownership of property in only two designated areas. 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.--During the year, the law prohibited 
all workers from forming labor unions. However, the law provided for 
the establishment of joint consultative committees composed of 
representatives of the employer and workers. 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. A new labor law, to be enacted in January 2005, 
provides a limited right of association, but only for citizens. Those 
working in the government sector are prohibited from joining unions. 
Further, the new law permits only a single national trade union 
structure.
    The International Labor Organization (ILO) at a Gulf Cooperation 
Council Labor Ministers' meeting in Doha in November 2003 signed a 
protocol with GCC countries on cooperation to assist with upgrading 
training facilities and developing methods to address employment 
problems. Since the signing of the protocol, the GCC countries have 
been working together to adopt ILO standards.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining was prohibited. Employers set wages unilaterally without 
government involvement. Local courts handled disputes between workers 
and employers; however, foreign workers avoided drawing attention to 
problems with their employers for fear of repatriation.
    Although the law does not provide workers with the right to strike, 
some workers staged strikes as a means of seeking redress and 
improvement in their work situation from employers. In September, 
approximately 200 Asian workers of a construction company staged a 4-
day strike to protest poor conditions in their labor camps. The dispute 
was resolved following an agreement reached between management and 
workers in the presence of embassy officials and Labor Department 
officials.
    According to source country embassies and some migrant workers, the 
Labor Department was widely perceived to be objective within a narrow 
mandate when dealing with the nonpayment of wages and poor living 
conditions. 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. In the absence of labor unions, 
the Department did not consider wage levels.
    In the new labor law, workers are granted the right to collective 
bargaining and signing joint agreements; however, that right is 
circumscribed by the Government's control over the rules and procedures 
of the bargaining and agreement processes. The new law also grants 
workers the right to strike; however, the conditions imposed by the 
statute not only restrict that right in effect, but also make the 
likelihood of striking extremely unlikely. Further, government 
employees, domestic servants, and those in the public utility, health, 
and security services are prohibited from striking.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Penalty Law, 
enacted in June, prohibits forced or compulsory labor, including by 
children; however, foreign workers in some cases were employed under 
circumstances that constituted forced labor. More than 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. Unskilled workers and domestic 
servants were particularly vulnerable to nonpayment or late payment of 
wages.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
During the year, the law in effect provided that minors between the 
ages of 15 and 18 could be employed with parental or guardian 
permission, and some children worked in small, family-owned businesses; 
however, some child labor occurred. 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 and 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. 
Very young children, usually of African background, were employed as 
jockeys in camel races (see Section 5, Trafficking).
    The law prohibits forced and compulsory labor by children, and the 
Government generally enforced this prohibition only with respect to 
citizen children (see Section 6.c.). The new labor law raised the 
minimum age for employment to 16 years.

    e. Acceptable Conditions of Work.--Although the law provides the 
Emir with authority to set one, there was no minimum wage. The average 
wage of non-citizen workers did not provide 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-hour workweek. Employees who worked 
more than 48-hours per week, or 36-hours per week during the holy month 
of Ramadan, were entitled to overtime pay. Government offices and major 
private sector companies adhered to this law; however, it was not 
observed with respect to unskilled laborers and domestic and personal 
employees, the majority of whom 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 responsibilities of the Ministry of Energy 
and Industry, the Ministry of Health, and the Labor Department, was lax 
due to insufficient training and lack of personnel. Diplomatic 
representatives conducted visits to four labor camps and found the 
majority of unskilled foreign laborers living in cramped, dirty, and 
hazardous conditions, often without running water or electricity. A 
visit to a camp adjacent to a paper factory where five workers had died 
after exposure to toxic gases found the workers, 4 days later, still 
being exposed to the same poisonous gases.
    The Department of Public Safety oversaw safety training and 
conditions, and the state-run petroleum company had its own safety 
standards and procedures. The regulations 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. The 
Government provided free medical treatment to workers who suffered 
work-related sickness or injuries. The law does not provide workers 
specifically the right to remove themselves from hazardous work 
conditions, and workers often hesitated to do so for fear of dismissal. 
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.
    Foreign workers may enter the country on a visitor's visa, but a 
sponsor is needed to convert a visitor's visa to a work visa, and the 
worker must have a sponsor's permission to depart the country. The 
Government also fined individual sponsors and employers who severely 
violated residence and sponsorship laws by prohibiting them from 
importing labor until they rectified the situation. During the year, 
the Government announced a labor amnesty as in incentive for sponsors, 
employers, and laborers to rectify their legal status dispute, without 
paying fines. 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.

                               __________

                              SAUDI ARABIA

    Saudi Arabia is a monarchy without elected representative 
institutions or political parties. King Fahd bin Abd Al-Aziz Al Saud 
suffered a stroke in 1995, and Crown Prince Abdullah has been the de 
facto ruler since that time. As custodian of Islam's two holiest sites 
in Mecca and Medina, the Government bases its legitimacy on governance 
according to Islamic law (Shari'a). The Basic Law sets out the system 
of government, rights of citizens, powers, and duties of the State, and 
provides that the Koran and the Traditions (Sunna) of the Prophet 
Muhammad are the country's Constitution. Neither the Government nor 
Saudi society, in general, accepts the concept of separation of 
religion and state. The King serves as Prime Minister and appoints the 
crown prince. The Crown Prince is First Deputy Prime Minister and heir 
apparent. The appointed Majlis al-Shura debates, rejects, and amends 
government-proposed legislation, questions some government officials, 
and has the power to initiate legislation. The Basic Law provides for 
an independent judiciary; however, some members of the royal family are 
not required to appear before the courts, and they and their associates 
have influenced judges.
    The Government maintains effective control of the various security 
forces. Police and border forces under the Ministry of Interior (MOI) 
are responsible for internal security. The MOI also controls the 
Mabahith, or internal security force, and its own special forces. The 
Committee to Promote Virtue and Prevent Vice (Mutawwa'in), or religious 
police, is a semiautonomous agency that enforces adherence to strictly 
conservative Islamic norms by monitoring public behavior. The Crown 
Prince controls the National Guard. The Second Deputy Prime Minister 
and Minister of Defense and Aviation is responsible for all of the 
Ministry of Defense's armed forces. The Minister of Interior exercised 
control over the Kingdom's internal security forces. Members of the 
security forces committed human rights abuses.
    The population was approximately 26.7 million, of which more than 7 
million were foreign citizens. Oil revenue was the basis of the 
transformation of the country from a Bedouin, nomadic, and rural 
society to a predominantly settled and urban one. Oil and gas revenues 
accounted for approximately 40 percent of the gross domestic product 
(GDP) and 79 percent of government income. Agriculture accounted for 
approximately 5 percent of GDP. Government spending accounted for 32 
percent of GDP. Approximately 40 percent of the economy was nominally 
private. The Government continued to implement its Saudiization policy, 
which requires employers to increase the number of citizens in the work 
force.
    The Government's human rights record remained poor overall with 
continuing serious problems, despite some progress. Citizens did not 
have the right to change their government. Security forces continued to 
abuse detainees and prisoners, arbitrarily arrest, and hold persons in 
incommunicado detention. There were cases in which Mutawwa'in continued 
to intimidate, abuse, and detain citizens and foreigners. Most trials 
were closed, and defendants usually appeared before judges without 
legal counsel. Security forces arrested and detained reformers, some of 
whom continued at year's end to seek an open trial. The Government 
reportedly infringed on individuals' privacy rights. The Government 
continued to restrict freedoms of speech and press, assembly, 
association, religion, and movement. There was widespread public 
perception that corruption by some members of the royal family and in 
the executive branch of the Government was a serious problem. There was 
little government transparency, especially notable in official budgets, 
and with no laws providing the right to access government information. 
The Government continued to discriminate against women, ethnic and 
religious minorities and to impose strict limitations on worker rights.
    On November 23, the Government began registering non-military, male 
citizens and candidates for the country's first nationwide municipal 
elections. Municipal elections for 4-year terms to half of the seats on 
178 local councils are slated to take place between February and April 
2005. Women were not permitted to vote or run for office. In June, the 
King Abd Al-Aziz Center for National Dialogue held its third conference 
in a series intended ``to build and enhance a culture of dialogue in 
Saudi society.'' The government-sponsored conference focused on the 
issue of ``women's rights and obligations and the educational 
correlation.'' The Fourth National Dialogue in December focused on 
``Youth Issues: Realities and Aspirations'' and recommended developing 
the curricula to cultivate among Saudi pupils ``the values of 
moderation, the middle path, and respect for others--and to make them 
accustomed to conducting discussion and debate.''
    The newly formed government-patronized National Society for Human 
Rights (NSHR), the first human rights group which the Government has 
formally permitted to operate in the country, began to address some 
human rights violations, such as prison conditions. In October, the 
Government amended the naturalization law to permit some long-term 
residents to apply for citizenship. This step was particularly 
significant for the thousands of Bidoons (descendants of stateless 
nomads) residing in 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.--There were no 
reports of political killings; however, the Government executed persons 
for criminal offenses after closed trials, making it impossible to 
assess whether legal protections were applied (see Section 1.e.). The 
country's highest court, the Supreme Judicial Council, is responsible 
for reviewing cases involving stoning, amputation, or death, and 
sentences can only be enforced pursuant to a Royal Decree issued by the 
King.
    During the year, terrorists killed more than 30 foreigners and 
citizens, including 5 employees of a foreign consulate in Jeddah. Their 
attacks consisted of kidnappings, targeted shootings, bombings, and 
beheadings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Criminal Procedure section of the Basic law prohibits 
torture and Shari'a (Islamic law) prohibits any judge from accepting a 
confession obtained under duress; however, authorities reportedly at 
times abused detainees, both citizens and foreigners. Ministry of 
Interior officials were responsible for most incidents of abuse of 
prisoners, including beatings, whippings, and sleep deprivation. In 
addition, there were allegations of beatings with sticks and suspension 
from bars by handcuffs. There were allegations that these practices 
were used to force confessions from prisoners.
    Canadian and British prisoners released in 2003 reported that they 
had been tortured during their detention; however, the Government 
denied these claims.
    Maintaining its reservation to Article 20 of the Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 
the Government does not recognize the jurisdiction of the Committee 
Against Torture to investigate allegations of systematic torture.
    During the year, the Mutawwa'in harassed, abused, and detained 
citizens and foreigners of both sexes. They also brought citizens to 
police stations for detention. These incidents were most common in the 
central region, including the capital, Riyadh, and less frequent in the 
eastern and western regions of the country. Mutawwa'in abuses continued 
during the year, despite an initial decrease following the May 2003 
terrorist attacks.
    The Government punished criminals according to its interpretation 
of Shari'a. Punishments included imprisonment, flogging, amputation, 
and execution by beheading. At year's end, the press reported 
approximately 30 executions, including one woman. Executions were for 
killings, narcotics-related offenses, rape, and armed robbery. The 
authorities punished repeated thievery and other repeated offenses by 
amputation of the right hand and left foot. 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. The Government also punished convicted persons by 
flogging. According to press reports, lashes were generally 
administered with a thin reed by a man who must hold a book under his 
arm to prevent him from lifting the arm too high. The strokes, 
delivered through a thin shirt, are not supposed to leave permanent 
damage, but to leave painful welts that bleed and bruise.
    At year's end, there were no reports that the flogging sentences 
imposed on the demonstrators arrested in October 2003 had been 
commuted.
    Prison and jail conditions varied. Prisons reportedly generally met 
internationally accepted standards and provided air conditioned cells, 
good nutrition, regular exercise, and careful patrolling by prison 
guards. The Government permitted the NSHR to visit some prisons or 
jails during the year. In December, the NSHR released a report on 
conditions in jails, detention centers, and police station detention 
facilities. According to the press, they found that ``in general 
conditions were good.'' However, there was variation. The report cited 
below-acceptable standards in hygiene, food, medical, and social 
services; prolonged detention of expatriates because their sponsors 
refused to provide travel tickets; and prolonged detention of prisoners 
in poor health. The report also noted that many jails remained 
overcrowded because prisoners remained in jail long after they had 
completed their sentences. Authorities occasionally allowed family 
members access to detainees, but in some cases only after a significant 
period of time. The authorities restricted access of foreign visitors 
to the prisons, 80 percent of whose inmates were non Saudis, according 
to Human Rights Watch. The Government maintained separate detention 
facilities for men, women, and juveniles.
    There are several Committees for Collection of Donations for 
Impoverished Prisoners throughout the country. The Committees raised 
funds in order to pay for fines resulting from traffic accidents and 
civil cases since prisoners are required to remain in custody until the 
fines are paid, regardless of length of sentence.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention and limits the period of arrest to 5 days without 
charges being filed; however, in practice, persons were held weeks or 
months and sometimes longer, and the law gives the Minister of Interior 
broad powers to detain persons indefinitely.
    The authorities at times arrested and detained persons without 
following explicit legal guidelines. The Mutawwa'in intimidated and 
brought to police stations persons whom they accused of committing 
``crimes of vice'' based on their own religious interpretations.
    The regulations also provide 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.
    On April 19, the Government re-arrested Islamist dissident Shaykh 
Sa'eed bin Za'er for remarks made on Al-Jazeera about terrorism in the 
country. Za'er had been released in March 2003 after more than 8 years 
in prison for publicly condemning a fatwa permitting peace with Israel. 
At year's end, he remained in detention. A dual Jordanian-American 
citizen, Ahmed Abu Ali, has been held in detention since his arrest in 
June 2003.
    The Government continued its long-standing tradition of releasing 
prisoners in honor of Ramadan.
    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; however, at times, they exceeded this limit before 
delivering detainees to the police (see Section 1.f.). Procedures 
required a police officer to accompany the Mutawwa'in at the time of an 
arrest. Mutawwa'in generally complied with this requirement, however, 
there were cases during the year in which Mutawwa'in detained persons 
without the presence of a police officer. 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 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. Mutawwa'in detained women of many nationalities 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.
    There were cases in which the Government arrested and detained 
Christians, at times for holding services and at times apparently 
arbitrarily (see Section 2.c.).
    Political detainees who are arrested by the General Directorate of 
Investigation (GDI), the Ministry of Interior's security service 
(Mabahith), have been held incommunicado in special prisons during the 
initial phase of an investigation, which may last weeks or months under 
the Ministry's broad legal authority. The GDI restricted access of 
families or lawyers to detainees.
    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). Following the 
demonstrations in December in this year and in October 2003 in a number 
of cities, authorities arrested and detained political protesters for 
weeks prior to charging them (see Sections 2.a. and 3).
    The Government continued to commit abuses against members of the 
Shi'a Muslim minority. Government security forces reportedly arrested 
Shi'a based on scant suspicion, held them in custody for lengthy 
periods, and then released them without explanation.
    Citizens can report abuses by security forces at any police 
station; however, there is no data on how complaints were handled.
    In March, the Government arrested 13 leading advocates for 
democratic reform in the Kingdom on charges that they were involved in 
activities ``that do not serve the unity of the country or the cohesion 
of a society based on Islamic law.'' Most were released after 
reportedly signing statements promising not to speak publicly or to 
agitate for reform; however, three remained imprisoned at year's end 
(see Sections 1.e. and 2.d.).

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision; however, some members of the royal family generally were not 
required to appear before the courts, and their associates have 
influenced judges. The Supreme Judicial Council, whose members are 
appointed by the King, appoints, transfers, and removes judges. The 
Ministry of Justice disciplines judges.
    The law allows for a public trial; however in practice, many trials 
were not public.
    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. Cases 
involving relatively small penalties were tried in Shari'a summary 
courts. More serious crimes are adjudicated in Shari'a courts of common 
pleas. Appeals from Shari'a courts are 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 cases involving domestic issues, inheritance, 
and Islamic endowments. However, there were only two judges, which was 
insufficient to serve the large Shi'a population in the Eastern 
Province. 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 who 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 may not reverse decisions made by 
courts of appeal. However, the Council may review lower court decisions 
and refer them back to the lower court for reconsideration
    The ``Ulema,'' the Council of Senior Religious Scholars is an 
autonomous body of 20 senior religious jurists, including the Minister 
of Justice. It interprets Shari'a establishing the legal principles to 
guide lower-court judges. The Criminal Procedure Law provides persons 
under investigation the right to a lawyer and permits lawyers to 
present arguments in criminal courts. The Law also provides the right 
to inform convicts of their right to appeal rulings.
    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. Under the Hanbali interpretation of Shari'a law followed in the 
Kingdom, 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.
    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 has led prosecuting authorities 
to coerce confessions from suspects by threats and abuse (see Section 
1.c.).
    Laws and regulations state that defendants should be treated 
equally; however, sentencing was not uniform and crimes against Muslims 
received harsher penalties than those against non Muslims. In the case 
of wrongful death, the amount of indemnity or ``blood money'' 
(compensation) 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.
    Islamic law considers Hindus to be polytheists; the law was used as 
a justification for greater discrimination in calculating accidental 
death or injury compensation. According to the country's Hanbali 
interpretation of Shari'a, once fault is determined by a court, a 
Muslim male receives 100 percent of the amount of compensation 
determined, a male Jew or Christian received 50 percent, and all others 
(including Hindus) received 1/16 of the amount a male Muslim receives. 
Women receive 50 percent of what males receive in each of these 
categories.
    Provincial governors (almost all of whom are members of the royal 
family) have the authority to exercise leniency and reduce a judge's 
sentence. In general, some members of the royal family and other 
powerful families were not subject to the same rule of law as ordinary 
citizens.
    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.
    The Government did not provide information regarding political 
prisoners or respond to inquiries about them. 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.
    In March, the Government arrested 13 individuals who had been 
leading advocates for democratic reform in the Kingdom. Most were 
released after reportedly signing statements promising not to agitate 
for reform; however, three who refused to sign such statements were 
imprisoned and later put on trial. The Government formally charged the 
individuals, most notably with charges of organizing petitions calling 
for Constitutional reform and speaking to journalists. The courts held 
several hearings concerning the cases, which journalists and other 
observers were permitted to attend, and the press reported on these 
proceedings during the year. Despite these hearings, at year's end, it 
was still unclear whether the court will accede to the defendants' 
demands that the trial be public (see Sections 1.d. and 2.d.).

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Basic Law guarantees the inviolability of homes 
and the privacy of correspondence. The Criminal Procedure Law requires 
authorities to obtain a warrant prior to searching a residence, or a 
court order prior to perusing personal correspondence or documents. The 
Government generally respected this inviolability; however, there were 
cases in which 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 communications except when necessary 
during criminal investigations.
    The police generally must demonstrate reasonable cause and obtain 
permission from the provincial governor before searching a private 
home.
    Customs officials routinely opened mail and shipments to search for 
contraband, including material deemed pornographic and non-Sunni 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,'' anti-government 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 interpretations 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. 
Tradition and culture, not law, restrict marriages between Sunni and 
Shi'a citizens, and the Government does not refuse marriage licenses 
between Sunni and Shi'a couples.
    The Government at times imposed restrictions on the right of 
certain Government employees to marry foreigners. The Government 
subjects top civil servants and security officials to extensive 
questioning when applying to marry foreigners. The Government tends to 
be more lenient in approving marriages to foreigners by the elderly and 
disabled. The marital restrictions also applied to citizens studying 
overseas on government scholarships. Violators risked disciplinary 
action; however, this policy was rarely violated and there were no 
reports of sanctions being imposed.
    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.).
    Mutawwa'in enforcement of strict standards of social behavior 
included closing 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.
    Incidents with Mutawwa'in increased during Ramadan because many 
felt they had added license to assert their authority during the holy 
month.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Basic Law states that the 
media's role is to educate the masses and boost national unity and that 
it can be banned if it gives rise to mischief and discord, compromises 
the security of the State and its public image, or offends man's 
dignity and rights. The Government continued to restrict freedom of 
speech and press, although there was regular discussion of social, 
economic, and political issues previously considered taboo.
    In March, journalist Faris Bin Hozam al-Harbi was banned from 
writing or working for any newspaper. On November 6, the lead attorney 
for the arrested reformers, Abdul Rahman Al-Lahem, was arrested. Al-
Lahem had signed an undertaking not to speak to the press about the 
case, but continued to give interviews, telling one journalist that he 
did not accept the Government's attempt to silence him.
    No charges were entered against Al-Lahem, and he remained 
imprisoned and without access to his family or lawyers at year's end. 
In December, journalists for national newspapers the Saudi Gazette and 
Al-Madina were arrested and later released at the trial of the 
reformers arrested in March.
    In 2003, the Government sanctioned several journalists for articles 
and commentaries critical of the religious authorities and conservative 
Muslim theology, particularly after the May 2003 terrorist attacks.
    Newspapers reported on previously taboo subjects including 
political, economic, and educational reform, women's rights, rights of 
foreigners, corruption, religion, and domestic problems such as abuse 
of women, servants, and children (see Section 5). Newspapers carried 
stories about elections in neighboring Gulf countries and reported on 
reform discussions within the country, including extensive coverage of 
the upcoming municipal elections and voter and candidate registration.
    The print media were censored and privately owned, but publicly 
subsidized, and some were financially backed by or had close ties to 
members of the royal family. Journalists also practiced self-
censorship, refraining from direct criticism of government officials. A 
media policy statement and a national security law prohibit the 
dissemination of criticism of the royal family and the Government. The 
media policy statement urged journalists to uphold Islam, oppose 
atheism, promote Arab interests, and preserve cultural heritage. The 
Ministry of Information appoints, and may remove, all editors-in-chief. 
The Government also provided guidelines to newspapers regarding 
controversial issues. The government-owned Saudi Press Agency (SPA) 
expressed official government views.
    In February 2003, the Government granted a charter to a 
professional journalists' association. The association began 
registering members, opening membership to all journalists in the 
country or abroad who have worked in the profession for 3 years or 
longer. Both men and women were members, and noncitizen journalists 
working in the country were eligible to join as non-voting members. On 
June 7, the association elected its first nine-member board of 
directors, which included two female journalists.
    The authorities continued to ban government employees from 
criticizing the Government. On September 13, the Council of Ministers 
announced that the Government planned to enforce existing laws based on 
Article 12 of the Basic Law that provides the State with the authority 
to ``prevent anything that may lead to disunity, sedition, and 
separation.'' Accordingly, all public employees were enjoined from 
``participating, directly or indirectly, in the preparation of any 
document, speech or petition, engaging in dialogue with local and 
foreign media, or participating in any meetings intended to oppose the 
State's policies.''
    Newspapers routinely investigated and published stories on crime 
and terrorism without prior government authorization. Two London-based 
Arabic dailies, Al-Sharq Al-Awsat and Al Hayat, were owned by members 
of the royal family and were distributed widely and read in the 
country. Both newspapers practiced some degree of self-censorship to 
comply with government guidelines on sensitive issues.
    The Government owned and operated most domestic 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 television 
programming.
    During the year, the Majlis al-Shura continued partial, delayed 
television coverage of its proceedings and allowed journalists to 
attend sessions. There was frequent coverage in the press of Majlis 
proceedings and votes. The Ministry of Foreign Affairs held regular 
press conferences for journalists. During the year, the press carried 
timely and accurate coverage of terrorist attacks and the subsequent 
government campaign against terrorism in the country.
    Access by citizens to outside sources of information, such as 
Arabic and Western satellite television channels and the Internet, was 
widespread.
    On January 12, the Government introduced a new locally based 
satellite news channel, ``Al-Akhbaria,'' which included six female 
newscasters on the staff.
    The Government permitted a large number of international media 
professionals and foreign journalists and photographers, both male and 
female, to travel freely and to conduct interviews.
    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 most 
forms of public artistic expression and prohibited cinemas and public 
musical or theatrical performances, except those that were considered 
folkloric.
    Access to the Internet was available through local government-
monitored servers. 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 Web sites that it deemed sexual, 
pornographic, politically offensive, or ``un-Islamic''; however, many 
citizens were able to circumvent these restrictions.
    A 2003 ban was continued, forbidding a university professor from 
teaching and traveling. The ban was imposed because he had criticized 
the Government's discriminatory policies against the Shi'a.
    The Government restricted academic freedom. The Government 
prohibited the study of evolution, Freud, Marx, Western music, and 
Western philosophy. Professors reportedly believed that informers 
monitored their classroom comments and reported them to government and 
religious authorities.

    b. Freedom of Peaceful Assembly and Association.--The Basic Law 
does not address freedom of association or assembly, and the Government 
strictly limited it in practice and prohibited public demonstrations as 
a means of political expression.
    On December 16, police arrested 21 persons for taking part in an 
anti-government protest in Jeddah. The protest was called by Saad al-
Faqih, a London-based Saudi, who was designated by the United States as 
a supporter of international terrorism. At year's end, the detainees 
were awaiting trial (see Sections 1.d. and 3).
    In October 2003, several hundred persons demonstrated in Riyadh and 
other cities in a protest organized by the London-based Movement for 
Islamic Reform (MIRA). Police broke up the protest and arrested most of 
the demonstrators (see Sections 1.d. and 3). During the February Shi'a 
Ashura observance in Qatif, the Government permitted worshippers to 
gather over the course of a ten-day period. The celebration occurred 
without reports of government harassment.
    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, 
particularly 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 if accompanied by a father, brother, 
adult son, or husband; however, the policy was not consistently 
enforced.
    The Government prohibited the establishment of political parties or 
any type of opposition group (see Section 3). However, until the arrest 
of reformers in March, groups of reform supporters and participants in 
the annual national dialogues submitted petitions to the Government on 
reform, women's rights, religious moderation, and public participation. 
In February 2003, the Government licensed a journalists' association, 
approved the establishment of a human rights organization, and 
announced plans to form a bar association (see Section 4). A large 
number of humanitarian organizations and tribal and professional 
societies exist licensed by the Government, such as the Saudi Chemists 
Society and the Saudi Pharmacists Society.

    c. Freedom of Religion.--The Government does not provide legal 
protection for freedom of religion and such protection did not exist in 
practice. Freedom of religion did not exist. Islam is the official 
religion, and the law provides that all citizens must be Muslims.
    The Government prohibited the public practice of non-Muslim 
religions. In general, non-Muslims are able to worship privately, but 
must exercise great discretion to avoid attracting attention. 
Conversion by a Muslim to another religion was considered apostasy. 
Apostasy is a crime under Shari'a and, according to the Government's 
interpretation, is punishable by death. On October 31, a citizen was 
arrested in Hofuf and jailed. International NGO and local media reports 
claimed that he had converted to Christianity. No further information 
on him or his case was available at year's end.
    The Shi'a Muslim minority (approximately 2 million of approximately 
26.7 million citizens) lived mostly in the Eastern Province, although a 
significant number also resided in Medina in the Western Province. Its 
members were subjected to officially sanctioned political, social, and 
economic discrimination (see Section 5).
    The Government permitted the celebration of the Shi'a holiday of 
Ashura in the eastern province city of Qatif. The police monitored the 
celebrations. No other public 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.
    The Government issued permits to construct Shia mosques, and a new 
mosque was constructed in Qatif. 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.
    Magic was widely believed in and sometimes practiced; however, 
under the Government's interpretation of Shari'a, the practice of magic 
was regarded as the worst form of polytheism, an offense for which no 
repentance was accepted, and which was 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.'' The 
press reported several cases in which police arrested persons accused 
of sorcery, including a case in September in which three African women 
were arrested in Jeddah. There were reports of Shi'a Ismailis 
(Seveners) in Najran charged with practicing magic; however, the Shi'a 
Ismailis maintained that their practice adheres to the Seveners 
interpretation of Islam. There was no information available on prison 
time or punishment.
    Significant numbers of Sufis in the Western Province engaged in 
technically illegal practices, such as celebrating the Mawlid, or 
Prophet's birthday, without government interference. The practice of 
other schools of Sunni Islam was discouraged, and adherents of the 
Shi'a branch of Islam faced institutionalized discrimination, including 
restrictions on religious practice and on the building of mosques and 
community centers.
    The Government prohibited public non-Muslim religious activities. 
Non-Muslim worshippers risked arrest, lashing, deportation, and torture 
for engaging in overt religious activity that attracted official 
attention. The Government 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. Authorities deported those detained for non-
Muslim worship, almost always after lengthy periods of arrest.
    There were reports that Christians were detained for practicing 
their religion. During the year, there were scattered raids, arrests, 
and detentions of Christians throughout the country, although fewer 
than in the past. In February, the Government deported a resident 
Christian after he provided an Arabic Bible to a citizen. In November, 
the Government deported an Indian Christian arrested in April. There 
were credible reports that Mutawwa'in arrested him for religious 
reasons after a dispute with his employer. According to other reports, 
the Mutawwa'in beat him on the day of the arrest and confiscated his 
personal property, including two Bibles, compact disks, a personal 
computer, and religious videos.
    The Government did not officially 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. Muslims or non-
Muslims wearing religious symbols of any kind in public risked 
confrontation with the Mutawwa'in.
    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.
    Islamic religious education was mandatory in public schools at all 
levels. All students received religious instruction, which generally 
was limited to that of the Hanbali school of Islam.
    In accordance with the religious establishment's interpretation of 
Shari'a, women were prohibited from marrying non-Muslims, but men were 
permitted to 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.'' There were reports that individual 
Mutawwa'in pressured Saudi sponsors not to renew Iqamas, which had been 
issued for employment, of individuals for religious reasons.
    During the holiday season, the press reported that shopkeepers in 
Riyadh sold Christmas cards under the counter. During the year, the 
Committee prohibited the sale of cards and flowers for exchange on 
Valentine's Day
    In March, the press reported that a schoolteacher on trial for 
apostasy was convicted of blasphemy and sentenced to three years in 
jail and 300 lashes. The teacher was banned from teaching and writing 
in the press. The court dropped the original charge of apostasy.
    There are no public places of worship for non-Muslims in the 
country. While significant numbers of Christians reside in the country, 
there are very few Jews. There exist no synagogues or churches in the 
country, and, while there have been no specific reports of physical 
violence against, or harassment of Jewish people, there have been 
numerous reports of violence against and harassment of Christians.
    There were frequent instances in which mosque preachers, whose 
salaries are paid by the Government, used strongly anti-Jewish language 
in their sermons. Although this language declined in frequency since 
the May 2003 attacks in Riyadh, there continued to be instances in 
which mosque speakers prayed for the death of Jews, including from the 
Grand Mosque in Mecca and the Prophet's Mosque in Medina.
    Anti-Semitic sentiments were present in the print and electronic 
media. For example, in an article in the May 1 issue of ``The Muslim 
Soldier'' published by the Religious Affairs Department of the Saudi 
Armed Forces, the author wrote that the fabricated Torah, Talmud, and 
Protocols of the Elders of Zion command the destruction of all non-Jews 
in order to achieve their goal of world domination. The local press 
rarely printed articles or commentaries disparaging other religions.
    NGOs have reported on intolerance in the education system and, in 
particular on the presence of anti-Semitic content in some school 
textbooks. Authorities have taken measures to address these concerns, 
including in 2003 the wholesale revision of textbooks to remove content 
disparaging religions other than Islam.
    The official tourism website stated that Jews were banned from 
entering the country; however, it was not enforced in practice. On 
March 1, the Government removed this statement from the site replacing 
it with a statement regretting ``any inconvenience this may have 
caused.''
    December 14 was ``security day'' in all schools in Riyadh to 
``educate against extremism and terrorism.''
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizen men have the freedom to travel 
within the country and abroad; however, the Government restricted these 
rights for women based on its interpretation of Islamic Law. All women 
in the country were prohibited from driving and were dependent upon 
males for transportation. Likewise, they must obtain written permission 
from a male relative or guardian before the authorities would allow 
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. Since 2001, women have been able to obtain their own 
identity cards; however, the Government required that they obtain 
permission to receive a card from a male relative or guardian (see 
Section 5).
    The restrictions on travel also applied to foreign citizen children 
of citizen fathers. In cases where there were custody disputes between 
foreign citizen women and their citizen husbands, the husband was able 
to prevent the travel of the children out of the country. These 
restrictions on travel can continue even after female children reach 
adulthood, although the Government has worked with foreign consular 
officials to overcome a father's or husband's refusal to permit the 
travel of adult foreign citizen female relatives. During the year, 
senior officials considered, on a case-by-case basis, allowing adult 
foreign citizen women to travel despite objections by their husbands, 
fathers, or other male relatives or guardians.
    Foreigners typically were allowed to reside or work in the country 
only under the sponsorship of a citizen or business. The Government 
required foreign residents to carry identification cards. It did not 
permit foreigners to change their workplace without their sponsor's 
permission.
    During the year, the Government began providing citizenship under 
Article 9 of the law on naturalization to some of the thousands of 
native residents who live in the country without possessing citizenship 
of any nation. They are collectively known as ``Bidoons'' (``without'' 
in Arabic). These are native born residents who lack citizenship due to 
an ancestor's failure to obtain Saudi nationality, including 
descendents of nomadic tribes such as the Anaiza and Shammar, whose 
ancestors were not counted among the native tribes during the reign of 
the Kingdom's founder, King Abd al-Aziz; descendants of foreign-born 
fathers who emigrated to the country before citizenship was 
institutionalized; and rural migrants whose parents failed to register 
their births. Because of their lack of citizenship, they were denied 
employment and educational opportunities, and had a limited ability to 
travel. Bidoons are among the poorest residents of the country, and 
reside at the margins of society.
    The law prohibits employers from retaining foreign workers' 
passports. However, some sponsors often 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 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. In October, the Government passed a new citizenship law by 
which long-term residents and other foreigners could obtain 
citizenship. The Government imposed travel bans on some of the 
reformers arrested in March (see Sections 1.d. and 1.e.).
    The Government did not use forced exile; however, it previously 
revoked the citizenship of opponents of the Government who reside 
outside the country (see Section 3). In addition, the Government has 
revoked the rights of some citizens to travel outside the country. In 
several cases, it has done so for political reasons without notifying 
the individual or providing opportunities to contest the document.
    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, but the Government has 
established a system for providing protection to refugees. The 
Government cooperated with the office of the U.N. High Commissioner for 
Refugees in assisting refugees and asylum seeker. The Basic Law 
provides that ``the state will grant political asylum, if so required 
by the public interest.''
    The Deputy Representative in the Gulf Cooperation Council States of 
the U.N. High Commissioner for Refugees (UNHCR) reported that 
approximately 400 Iraqi refugee families still reside at the Rafha 
refugee camp situated a few miles from the Saudi-Iraqi border. The 
Government 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. 
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.). Citing security concerns, 
UNHCR was no longer facilitating the organized repatriation of Iraqi 
refuges.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their Government. The 
Basic Law states that the Government is established on the principal of 
``Shura'' or consultation, and requires the King and Crown Prince to 
hold open majlises. The Basic Law states that all individuals have the 
right to communicate with public authorities on any issue. 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 Government ruled on civil and religious matters 
within limitations established by the Basic Law, religious law, 
tradition, and the need to maintain consensus among the ruling family 
and religious leaders.
    The King serves as Prime Minister, with the Crown Prince as First 
Deputy Prime Minister. The King appoints all other ministers, who in 
turn appoint subordinate officials with cabinet concurrence.
    On November 23, voter and candidate registration for the country's 
first nationwide municipal elections began for male citizens only. 
Members of the armed forces may not vote; however, prison inmates were 
permitted to do so. Of the 178 municipal districts in the country, 50 
percent of 4-year term municipal council seats will be elected, and 50 
percent will be appointed.
    The Majlis al-Shura, or Consultative Council, consists of 120 
appointed members and is divided into 11 committees. It was created in 
1992 by King Fahd, and, in the past year has taken on an increasingly 
important political role. The Majlis reviewed and voted on legislation 
and often suggested amendments to the Government. The Government 
generally accepted amendments made by the Majlis. The Majlis held 
hearings with some government officials to review the performance of 
their ministries and has the power to request documents from government 
ministries.
    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 took the Council's 
opinions into account when promulgating legislation.
    Communication between citizens and the Government traditionally has 
been 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. 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, which were held on a regular 
basis.
    In April 2003, a group of Shi'a submitted a petition to the Crown 
Prince calling for reforms and drawing attention to the discrimination 
against the country's Shi'a minority. In December 2003, a group of 
citizen intellectuals and citizen women sent two separate petitions to 
the Crown Prince in response to the pace of reform efforts. One 
petition called for a constitutional monarchy, while the petition 
submitted by over 300 women called for greater rights for women in the 
country and greater recognition of their contributions to society. 
After the March arrest of the reformers, there were no further 
petitions.
    The extremist Committee for the Defense of Legitimate Rights 
(CDLR), established in 1993, and its splinter group, MIRA, established 
in 1996, continued to criticize the Government, using the Internet and 
satellite radio stations. On December 16, police arrested 21 persons 
for taking part in an anti-government protest sponsored by MIRA in 
Jeddah. In December, the U.S. designated MIRA's leader, Sa'ad al-Faqih, 
a supporter of international terrorism. At year's end, the detainees 
were awaiting trial (see Sections 1.d. and 2.b.).
    Following an October 2003 demonstration in Riyadh, hundreds of 
citizens gathered October 23 in Riyadh, Jeddah, Dammam, and Ha'il. The 
Government arrested most of the demonstrators, detained many of them 
for a period of time without sentencing, then sentenced most to varying 
sentences ranging from imprisonment to flogging, although, at year's 
end, there were no reports that the sentences had been commuted (see 
Sections 1.d. and 2.b.).
    There was a widespread public perception of corruption by some 
members of the royal family and in the executive branch of the 
Government. The absence of transparency in government accounts and in 
decision-making encouraged this perception. There are no laws providing 
for public access to government information. Women continued to have no 
formal role in government and politics, despite increased public 
dialogue on the issue. In November, women participated in a gender-
segregated election of the Chambers of Commerce and Industry. 
Participation by women in a majlis was restricted, although some women 
sought redress through female members of the royal family. On several 
occasions, women have been called to advise members of the Majlis al-
Shura in private, closed-door sessions. There continued to be women's' 
councils to advise local governors on issues concerning women. There 
were no women or religious minorities in the Cabinet, and only 2 of the 
120-member Majlis al-Shura were Shi'a.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    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. Unlike in last year when 
for the first time an international human rights group visited the 
country, there were no visits during the year.
    The human rights NGO Human Rights First--the Society for Protecting 
and Defending Human Rights in the Kingdom of Saudi Arabia--continued to 
operate without official government recognition.
    On March 9, the King authorized the creation of the government 
patronized National Society for Human Rights (NSHR), which 
characterized itself as a national nongovernmental organization that 
has no affiliation with governmental institutions. According to its 
chairman, who was himself a member of the government-appointed Shura 
council, none of its members had ties to the executive branch of the 
Government; they were consultants, professors and retirees. Ten of its 
41 members were women. In practice, the Society did not exercise full 
independence from the Government. In December, the press reported that 
a Jeddah branch of the office had begun hearing human rights 
complaints. The report stated that the NSHR handled more than 500 
complaints, including ``political injustices, administrative 
corruption, and reports by expatriate workers alleging abuse.'' The 
report also noted that citizens' complaints against government bodies 
comprised 25 percent of the 519 cases, and foreign workers lodged 17 
percent of the cases. There was no additional information as to the 
other complaints.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    There was legal and systemic discrimination based on gender. The 
law prohibits discrimination based on race, but not nationality, 
although such discrimination occurred. 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.).
    In 2003, the press reported that approximately 1,500 citizens were 
infected with HIV/AIDS (approximately 23 percent were women). In 
November, the press reported that the number of HIV/AIDS cases reported 
in the Kingdom increased by 100 percent. The most common form of 
contracting the disease was through sexual intercourse; however, the 
article mentioned the transfer through needle sharing and the treatment 
of ``Hijwah.'' ``Hijwah'' is a superstitious medical practice in 
society that withdraws ``bad blood'' that may contain illnesses. The 
article also focused on the social stigma surrounding AIDS and the lack 
of public education on the issue. In 2003, the Ministry of Health began 
producing brochures on the illness and started group therapy and 
awareness programs. In December, the Government sponsored a 2-day 
conference in Jeddah to raise awareness of the problem in the country.

    Women.--In June, the National Dialogue conference endorsed the 
principle that there should be an expansion of women's role in public 
life, in addition to reexamining restrictions imposed by custom or 
tradition rather than Islam. In December 2003, the National Dialogue 
held its second session, and 10 women participated for the first time.
    There were several developments related to women's participation in 
business, including the opening by the Saudi Arabian General Investment 
Authority (SAGIA) of an all-female investment center in Riyadh to 
facilitate investment in local businesses by citizen and foreign women. 
On January 12, the Government introduced a new locally based satellite 
news-channel, ``Al-Akhbaria,'' which included six female newscasters on 
the staff. For the first time in 2003, the Jeddah Economic Forum 
devoted an entire day to discussing the role of women in domestic and 
international business.
    In October, the Government amended the law on nationality 
establishing new citizenship rules for women. Under the new law, women 
may keep citizenship or acquire that of a citizen husband who has 
acquired another citizenship. Wives of naturalized citizens may also 
acquire citizenship if resident in the country and willing to 
relinquish their original nationality. If a citizen woman marries a 
foreigner and chooses to acquire her husband's citizenship, she will 
lose Saudi citizenship. Finally, the foreign wife or widow of a citizen 
will qualify for citizenship if she gives up her original nationality.
    During the year, there was increased attention in the press to 
women's issues, including questions such as gender discrimination, 
domestic abuse, health, rising divorce rates, employment, driving, and 
legal problems women face doing business. Despite great debate in the 
press and in the media, at year's end, women were not granted 
permission to participate in the municipal elections.
    Shari'a prohibits abuse and violence against all innocent persons, 
including women; although the Government did not keep statistics on 
spousal abuse or other forms of violence against women, 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, regardless of 
nationality (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 safe 
houses 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 abuses were committed by 
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.
    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 
were not treated as equal members of society. There were no active 
women's rights groups. Women may not legally drive motor vehicles and 
were restricted in their use of public facilities when men were 
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.
    The law provides that women may not be admitted to a hospital for 
medical treatment without the consent of a male relative; however this 
was not generally enforced. By law and custom, women may not undertake 
domestic or foreign travel alone (see Section 2.d.). During the year, 
the Government continued to issue national identity cards to females, 
despite a national campaign by some religious conservatives against it.
    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 Muslim women to cover their faces and 
women from other countries in Asia and Africa to comply more fully with 
local customs of dress than did non-Muslim Western women. Nonetheless, 
in recent years the Mutawwa'in have instructed Western women to wear 
the abaya and cover their hair. During the year, Mutawwa'in continued 
to admonish and harass women to wear their abayas and cover their hair. 
In 2003, a Mutawwa sexually assaulted a female expatriate, although, at 
year's end, there was no indication that he was punished.
    Restrictions continued on accredited female diplomats that did not 
apply to their male counterparts. For example, single females must 
receive exception letters from their embassies in order to stay at a 
hotel. Some official functions were restricted to male or female 
participants only.
    Women also were 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 were 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 polygamy, with up to four wives, it was becoming less common 
due to demographic and economic changes. Islamic law enjoins a man to 
treat each wife equally. In practice, such equality was left to the 
discretion of the husband. 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 and 9 
years for girls. Children over these ages were 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; the 
law provides that women may do so only if accompanied by a spouse or an 
immediate male relative. However, this restriction was not enforced in 
practice, and many women studied overseas without a guardian.
    Women made up approximately 5 percent of the formal citizen work 
force. Unemployment among women was approximately 8 percent. 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, law, 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 were segregated by gender. Frequently, contact with male 
supervisors or clients was allowed only by telephone or fax machine. 
However, the degree of segregation varied by region, with the central 
region having the most restrictions and the eastern and western regions 
being more relaxed. Despite gender segregation, the law provides women 
the right to obtain 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.
    Prostitution is illegal. Some women were trafficked for the purpose 
of prostitution; however, the problem was not widespread (see Section 
5, Trafficking).

    Children.--The Ministry of Education continued to teach children 
their rights under the U.N. Convention on the Rights of Children.
    The Government provided all children with free education and 
medical care. Children were segregated by sex in schools, usually 
beginning at the age of 7; however, schools were integrated through the 
fourth grade in some areas. According to the U.N. Development Program 
(UNDP), in 2000-01, net primary enrollment for girls was 56 percent and 
for boys was 61 percent. In 1999-2000, 94 percent of those children of 
each sex who had started grade 1 had reached grade 5.
    Abuse of children was a problem, although it was difficult to gauge 
the prevalence of child abuse, since the Government kept no national 
statistics on such cases. Although in general the culture greatly 
prizes children, studies by citizen female doctors indicated that 
severe abuse and neglect of children appeared to be more widespread 
than previously reported. The press has also played an important role 
in beginning to raise national consciousness about the widespread 
problem.
    In 2003, the Ministry of Interior's Center for Crime Prevention and 
Research reported that 21 percent of male children suffered from some 
form of abuse. The report stated that 33.6 percent of the abused, 
suffered from some sort of psychological abuse and 25.3 percent 
suffered physical abuse. The figures excluded female children and 
accusations of sexual abuse, as the Ministry stated that the issues 
were too sensitive for public discussion.

    Trafficking in Persons.--The country does not have an anti-
trafficking law, although most forms of trafficking are criminalized 
under existing statutes. Domestic laborers are not protected under the 
country's labor law. The majority of cases involving trafficking were 
settled out of court by mediation and settlements.
    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 the abuse of maids 
and other domestic workers, including the prosecution and punishment of 
citizen employers who abused domestic employees. During the year, the 
Ministry of Labor formed an internal committee that was preparing an 
educational program to advise foreign domestic workers of their rights 
for recourse to authorities if they experience abuse or nonpayment of 
wages.
    On July 4, the Ministry of Labor issued Decree 738/1 which states 
that ``all forms of trafficking in persons such as trading in visas, 
generating revenues from employing workers, charging fees for the 
renewal of entry, exit visas and residency permits, violating 
conditions of contracts, inhumane and unethical use of workers, child 
labor, abuse and recruitment for begging are totally prohibited.''
    Among the millions of foreign workers in the country, some persons, 
particularly domestic workers, were 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. Police 
academies have implemented a course for new officers on how to handle 
labor issues as part of their standard curriculum.
    During the year, the authorities disrupted a cross-border (Yemen-
Saudi Arabia) child smuggling ring and arrested a man on charges of 
smuggling maids into Jeddah to work for a brothel, the first reported 
case of trafficking for sexual exploitation in the country.
    The Government operated shelters in the three largest cities for 
abused female workers, including some trafficking victims. Trafficking 
victims faced disincentives to seek the prosecution of their employer 
for trafficking; victims must first file a police report before going 
to the government shelters if they are party to a criminal complaint. 
In Dammam, the Government established a Social Welfare office for 
foreign workers with complaints. The Government worked with several 
Islamic charities to provide long term care for abandoned children, 
including those who have been trafficked for forced begging (see 
Section 6.c.).

    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 included such 
access, as did 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. The Government established an endowment committee for 
children with disabilities, and a supreme council to deal with the 
affairs of the disabled with the Crown Prince as chairman. Foreign 
criminal rings reportedly bought and imported children with 
disabilities for the purpose of forced begging (see Sections 6.c. and 
6.f.). There were numerous government-sponsored centers for persons 
with disabilities, including organizations for children with Down's 
syndrome and autism.
    Police generally transported persons with mental disabilities 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.
    The Crown Prince and other members of the royal family sponsored 
events during the year benefiting the handicapped.

    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 received varied 
compensation based on their nationalities.
Section 6. Worker Rights
    a. The Right of Association.--The law does not address freedom of 
association. The Government prohibited the establishment of labor 
unions; however, since 2001, the Government has permitted the 
establishment of labor committees for citizens in local companies, 
including factories, having more than 100 employees. The aim is to 
facilitate communication between employees and employers and the 
improvement of work standards in the workplace. The labor committees 
consist of 3 to 9 members who serve 3-year terms. The committee members 
are chosen by the workers and approved by the Ministry. 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 is transmitted to the Ministry. The Ministry may dissolve a 
labor committee if it violates regulations or threatens public 
security. No committees existed by year's end. Foreign workers may not 
serve on the committee; however, committee regulations provide that the 
committee should represent their views.

    b. The Right to Organize and Bargain Collectively.--The Law does 
not provide for collective bargaining. Collective bargaining remained 
prohibited. 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, there were several cases in which 
factory workers in Jeddah staged strikes to protest unpaid wages. The 
press reported in September 2003 that over 500 foreign workers had not 
been paid for 18 months, nor had they had their residents permits 
renewed.
    There are no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor; 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.
    The law does not specifically prohibit 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. During the year, 
the authorities disrupted a cross border child smuggling ring and 
arrested a man on charges of smuggling maids in Jeddah to work for a 
brothel (see Section 5).
    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.
    There were many reports of workers whose employers refused to pay 
several months, or even years, of accumulated salary or other promised 
benefits. More foreign workers than in the past went to labor courts, 
which regularly ruled in favor of the workers. However, this was a long 
and difficult process and it was difficult to enforce judgments. 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 were exhausted, and the worker was forced 
to return to his home country.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment is 13 years, which the Ministry of Labor may 
waive with the consent of the juvenile's guardian. There is no minimum 
age for workers employed in family-owned 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.
    The majority of child beggars were citizens, many of them girls 
with disabilities, according to an ILO study reported in 2002. The 
Ministry maintained 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.). 
The Government implemented a regulation requiring that all camel 
jockeys be at least 18 years of age, and there were indications that it 
was enforced.

    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 provided a decent standard of living for a worker and 
family. Official unemployment numbers varied; however, the Riyadh 
Chamber of Commerce and Industry announced that, as of October 2003, 
unemployment among 15-29 year olds was 17 percent of men and 30 percent 
of women. They also stated that unemployment within the citizen 
population was expected to reach 30 percent within 3 years if current 
trends held.
    The law prohibits employers from holding their employees' passports 
without the employee's consent; however, this law was not widely known 
throughout the country.
    Workers risked losing employment if they removed 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 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 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 or consulates (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). During the year, 
the media continued to report stories of maids who had fled their place 
of employment.
    The Government has established welfare shelters to house female 
domestic servants who flee their place of work. The Government offered 
arbitration between the worker and employer and investigated 
allegations of abuse. If no agreement could be reached, the maid was 
deported to her home country. In at least two publicized cases during 
the year, citizen employers were jailed for extreme abuse of domestic 
servants. During the year, the Grand Mufti warned citizens that Islam 
does not permit the oppression of workers regardless of their religion.
    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.
    The effect of the expeditious repatriation during the year 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.

                               __________

                                 SYRIA

    Syria is a republic under an authoritarian regime with virtually 
absolute authority in the hands of the President. The President, with 
counsel from his ministers, senior members of the ruling Ba'th Party, 
and a small circle of security advisers, makes key decisions regarding 
foreign policy, national security, internal politics, and the economy. 
President Bashar al-Asad was confirmed by an unopposed referendum in 
July 2000 for a 7-year term. The President appoints vice presidents, 
the prime minister, deputy prime ministers, and the cabinet, or Council 
of Ministers. Ba'th Party leaders, whose primacy in state institutions 
and the Parliament is mandated by the Constitution, influence all three 
branches of the Government. The Parliament, elected in March 2003, may 
not initiate laws but only assess and, at times, modify those proposed 
by the executive branch. The Constitution provides for an independent 
judiciary; however, security courts were regularly subject to political 
influence. Political connections and bribery sometimes influenced 
verdicts in regular courts.
    The powerful role of the security services, which extends beyond 
strictly security matters, is due to the state of emergency, which has 
been in place since 1963. The Government justifies ongoing martial law 
because of its state of war with Israel and past threats from terrorist 
groups. Syrian Military Intelligence and Air Force Intelligence are 
military agencies; the Ministry of Interior controls general security, 
state security, and political security. The branches of the security 
services operated independently of each other and outside the legal 
system. The Government maintained effective control of the security 
forces, and members of the security forces committed numerous, serious 
human rights abuses.
    The country has a population of approximately 18 million and an 
economy based on commerce, agriculture, oil production, and services. A 
variety of factors hampered economic growth, including the dominant 
state role in the economy, a complex bureaucracy, security concerns, 
corruption, currency restrictions, a lack of modern financial services 
and communications, and a weak, corrupt legal system. Economic growth 
was estimated at less than 2.5 percent in the last year.
    The Government's human rights record remained poor, and the 
Government continued to commit numerous, serious abuses. Citizens did 
not have the right to change their government. The Government prevented 
any organized political opposition, and there have been few 
antigovernment manifestations. Continuing serious abuses included the 
use of torture in detention, which at times resulted in death; poor 
prison conditions; arbitrary arrest and detention; prolonged detention 
without trial; fundamentally unfair trials in the security courts; and 
infringement on privacy rights. The Government significantly restricted 
freedom of speech and of the press. The Government also severely 
restricted freedom of assembly and association. The Government did not 
officially allow independent domestic human rights groups to exist. The 
Government placed some limits on freedom of religion and freedom of 
movement. Violence and societal discrimination against women were 
problems. The Government's discrimination against the stateless Kurdish 
minority resulted in a series of riots in March centered in the 
Hassakeh province which spread to other parts of the country during 
which more than 30 persons were reportedly killed by security forces 
and more than 1000 arrested. The Government also restricted 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.--According to Amnesty 
International (AI) and the Human Rights Association of Syria (HRAS), 
there were eight persons who died in detention due to torture or 
mistreatment by the security services during the year. Most of the 
cases involved Kurdish citizens detained and tortured in the wake of 
the riots in the Hassakeh province in March. In one case, Firas 
Abdallah, the household employee of a famous singer, died while in 
police custody in Damascus as a result of beatings. Human rights 
lawyers tried to bring a case against the police on behalf of the 
deceased, but the state prosecutor refused to accept it.
    In March, security forces opened fire with live ammunition on 
Kurdish citizens during civil disturbances and demonstrations, killing 
30 civilians in Hassakeh province on March 12 and between 5 to 8 
Kurdish demonstrators in Aleppo on March 16 (see Section 5).
    On April 8, media sources reported that Hussein Hamak Nasso, a 26-
year-old Kurd, died after being tortured by security forces in the town 
of Afreen. Security forces reportedly then forced Nasso's family to 
secretly bury him in their presence.
    On October 30, an off-duty Sunni military officer and his brother 
killed two Assyrian Christians in Hassakeh province. The conflict began 
when the military officer tried to extort money from one of the 
Assyrians. Some members of the Assyrian community violently protested 
the murders. In response, the government arrested 12 Assyrians. No 
charges were brought against the officer or his brother.

    b. Disappearance.--There were no confirmed reports of politically 
motivated disappearances; however, HRAS continued to report numerous 
cases of disappearance that occurred up to 20 years ago. Mohammed Fahed 
Al-Shaar was detained at Damascus airport in 1982; since then, the 
Government has not provided any information on his case. The Government 
frequently detained political prisoners and held them in long-term 
detention without informing the families of their situation (see 
Section 1.e.). For example, the family of a recently released prisoner 
had no knowledge about his well-being while he was in custody. Many 
persons who disappeared in the past were believed to have died or to be 
in long-term detention.
    The Government has yet to punish any members of the security forces 
for their roles in these abductions and disappearances.
    The Government continued to withhold 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. Despite the Government's claim that it has released all 
Palestinians, Jordans, and Lebanese citizens reportedly abducted from 
Lebanon during and after its civil war, various nongovernmental 
organizations (NGOs) and family members of those who allegedly remain 
in prison continued to dispute the Government's claim (see Section 
1.d.).

    c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and the Penal 
Code provides punishment for abusers. Under Article 28 of the 
Constitution, ``no one may be tortured physically or mentally or 
treated in a humiliating manner.'' However, there was credible evidence 
that security forces continued to use torture frequently.
    There were reports of death in prison due to torture (see Section 
1.a.).
    During the year, HRAS reported numerous cases of security forces 
using torture on prisoners in custody, including the case of five 
Kurdish students detained by the police in April and reportedly beaten 
and subjected to electric shocks for 3 days (see Section 5). The 
torture of political detainees was a common occurrence. AI reported the 
case of four young men arrested in April of 2003 in Daraa and held in 
Saidnaya prison where they were subjected to various forms of torture 
and ill-treatment, including having their fingers crushed; receiving 
beatings to their face and legs; having cold water thrown on them; 
being forced to stand for long periods of time during the night; 
hearing loud screams and beatings of other detainees; being stripped 
naked in front of others; and being prevented from praying and growing 
a beard.
    Former prisoners and detainees, as well as the HRAS, reported that 
torture methods included administering electrical shocks; pulling out 
fingernails; forcing objects into the rectum; beating, sometimes while 
the victim was suspended from the ceiling; hyperextending the spine; 
bending the detainees into the frame of a wheel and whipping exposed 
body parts; and using a backward-bending chair to asphyxiate the victim 
or fracture the victim's spine. 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, particularly 
while the authorities were attempting to extract a confession or 
information. For example, in July, a Syrian-Canadian citizen reportedly 
was tortured while being questioned by security services (see Section 
1.e).
    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 were to be made in court, the plaintiff was 
required to initiate his own civil suit against the alleged abuser. 
However, no action was taken against the accused. There were no 
examples of such allegations during the year. Courts did not order 
medical examinations for defendants who claimed that they were tortured 
(see Section 1.e.).
    August 19 marked the Government's accession to the U.N. Convention 
against Torture, but the Government's reservation to Article 20 
prevents outside observers from investigating torture within the 
country.
    Prison conditions generally were poor and did not meet 
international standards for health and sanitation. At some prisons, 
security officials demanded bribes from family members. Overcrowding 
and the denial of food remained problems at several prisons. According 
to the Arab Organization for Human Rights (AOHR), Abdul Karim Dhaon, an 
official at the Ministry of Health, was arrested in May for allegedly 
writing a report about the unacceptable conditions at the prisons that 
he supervised. According to Human Rights Watch (HRW), prisoners and 
detainees were held without adequate medical care, and some prisoners 
with significant health problems reportedly were denied medical 
treatment. Some former detainees reported that the Government 
prohibited political prisoners from having access to reading materials, 
including the Koran.
    There were separate detention facilities for men, women, and 
children. But there were at least three reported cases where minors 
were arrested and held in adult prisons. Pretrial 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. Released political detainees have reported inadequate prison 
conditions, including overcrowded cells and a shortage of beds.
    The Government did not permit independent monitoring of prison or 
detention center conditions; however, diplomatic or consular officials 
were granted access in some cases. The International Committee of the 
Red Cross (ICRC) is not allowed to make prison visits to assess the 
situation of the prisons or prisoners.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, in practice, these activities 
persisted and remained significant problems.
    The Ministry of Interior controlled the police forces, which 
consist of four separate divisions: emergency police; local 
neighborhood police; riot police; and traffic police. The emergency 
division responds to 911 calls and operates through roving patrols. The 
local neighborhood police are responsible for general security in the 
neighborhood they patrol and respond to non-emergency situations. The 
Government uses the riot police to break up demonstrations and marches.
    There are four major branches of security: Political Security 
Directorate (PSD); Syrian Military Intelligence (SMI); General 
Intelligence Directorate (GID); and Air Force Security (AFS), all of 
which devote some of their overlapping resources to monitoring internal 
dissent and individual citizens. Only PSD, supervised by the Ministry 
of Interior, is under civilian control. The four branches operate 
independently and generally outside of the control of the legal system.
    Corruption continued to be a serious problem throughout the police 
forces and security services. International and regional human rights 
groups continue to consider the police forces corrupt.
    The arrest procedure for non-emergency cases is similar to the 
process in Western countries. After being arrested, an individual is 
brought to the police station for processing and detained until a trial 
date is set. At this time, the accused may retain an attorney at 
personal expense or that of the Government. The individual will then be 
tried in a civil court, where a judge will render a verdict (see 
Section 1.e.).
    The 1963 Emergency Law authorizes the Government to conduct 
preventive arrests and overrides Constitutional and Penal Code 
provisions against arbitrary arrest and detention, including the need 
to obtain warrants. In cases involving political or national security 
offenses, arrests were often carried out in secret. Suspects could be 
detained incommunicado for prolonged periods without charge or trial 
and denied the right to a judicial determination regarding pretrial 
detention. Additionally, those suspected of political or national 
security offenses could be arrested and prosecuted under ambiguous and 
broad articles of the Penal Code and subsequently tried in either the 
criminal or security courts. There were reliable reports that the 
Government did not notify foreign governments when their citizens were 
arrested or detained or did so only after the prisoner was released.
    Warrants only exist for non-security cases; however, police bypass 
this requirement in many instances by claiming security or emergency 
grounds for entry.
    During the year, the security forces again conducted mass arrests 
of suspected Islamists: 25 in Hama; 18 in Hayaleen; 19 in Qatana; and 
an unknown number in Damascus and Aleppo. In March, the Supreme State 
Security Court (SSSC) sentenced 33 persons to 2 years in prison who had 
been arrested in Aleppo in August 2003 and accused of belonging to the 
Muslim Brotherhood. The suspects remained in detention at year's end.
    In April, military security arrested the human rights activist 
Aktham Naiissa, head of the Committee for the Defense of Democracy, 
Freedom, and Human Rights (CDF), for his involvement in a protest in 
front of the Parliament in March and for communiques issued by the CDF 
critical of the Government's treatment of the Kurdish minority (see 
Section 2.b.). Naiissa was held at Saidnaya prison without access to 
his lawyer and was tried by the SSSC; he was released on bail in 
August. His trial has been postponed twice, and it is now scheduled for 
April 4, 2005.
    Throughout the year, the security services also conducted mass 
arrests of Kurds in Hassakeh province, Aleppo, Damascus, and other 
areas. Human rights organizations and Kurdish groups reported that 
1,000-2,000 Kurds were detained in the aftermath of the March riots. 
Most were freed after a few months detention; however, 200-300 Kurds 
remain in custody and are awaiting trial at the SSSC and military 
courts (see Section 4).
    Media sources reported that in April, security forces increasingly 
staged nighttime raids on Kurdish homes in Hassakeh province and 
arbitrarily arrested male members of households. Press reports also 
stated that on April 8, following a dispute between Kurdish children 
and Arab students at a school in Qamishli, security forces took four 
school children, ages 12 and 13, from the school during the day and 
transferred them to a prison in Hassakeh. At year's end, the children 
were reportedly still detained.
    On August 5, five persons were injured and 18 others arrested in a 
village outside of Hama after security services, while apparently 
pursuing a criminal, sparked and then broke up a protest against the 
Ba'th Party. There were conflicting accounts of the story. Human rights 
groups claimed the security services randomly fired on a group of 
persons as they watched the police chase an alleged member of a banned 
Islamic Party. Police claimed they were chasing the suspect when he 
went into a home and received refuge from the owners. The owners of the 
house refused to turn the man over to police, and there was an ensuing 
gun battle between the two sides. On August 7-8, according to regional 
press reports and HRAS, security agents arrested 25 persons, including 
four Muslim imams, in house raids around the city of Hama, seizing 
books, CDs, and computer equipment in connection with this incident.
    Detainees have no legal redress for false arrest. The authorities 
detained those critical of the Government under the Emergency Law and 
charged them with treason.
    In cases before the regular courts, judges render verdicts. There 
are no juries.
    Defendants in civil and criminal trials have the right to bail 
hearings and possible release from detention on their own recognizance. 
Bail was generally not allowed for those accused of ``state security 
offenses.'' The only exception to this was the release from the SSSC of 
Aktham Naiissa in August on bail. Unlike defendants in regular criminal 
and civil cases, security detainees did not have access to lawyers 
prior to or during questioning.
    Lawyers were not ensured access to their clients before the trial 
(see Section 1.e.).
    Many persons who have disappeared in past years were believed to be 
in long-term detention without charge or possibly to have died in 
detention. Many detainees brought to trial have been held incommunicado 
for years, and their trials often were unfair. Many criminal suspects 
were held in pretrial detention for months and may have had their 
trials extended for additional months. Lengthy pretrial detention and 
protracted court proceedings were caused by a shortage of available 
courts and the absence of legal provisions for a speedy trial or plea-
bargaining (see Section 1.e.).
    The Government continued threatening or detaining the relatives of 
detainees or of fugitives to obtain confessions, to minimize outside 
interference, or to prompt the fugitive's surrender. There were reports 
that security personnel forced prisoners to watch relatives being 
tortured in order to extract confessions. According to AI and the HRAS, 
security forces also detained family members of suspected 
oppositionists (see Section 1.f.).
    The Government, through its security services, also threatened 
families or friends of detainees to ensure their silence, to force them 
to disavow publicly their relatives, or to force detainees into 
compliance. For example, the family of a human rights activist received 
numerous calls from security service personnel alleging misconduct and 
inappropriate social behavior by the activist. These calls continued 
during the year and became increasingly threatening.
    The number of remaining political detainees was unknown. AI's 2003 
report stated that 800 political detainees were held in Saidnaya prison 
and that hundreds of others were held in other prisons. There also were 
Jordanian, Lebanese, and Palestinian political detainees. Estimates of 
detainees were difficult to confirm because the branches of the 
security services, which maintain their own prison facilities, hold a 
large number of prisoners. These prisoners are frequently held for 
extended periods of time without trial and without information given to 
their families. Estimates were also difficult to confirm because the 
Government did not verify publicly the number of detentions without 
charge, the release of detainees or amnestied prisoners, or whether 
detainees subsequently were 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 for 7 years after the 
expiration of the sentence, in the case of felony convictions. Persons 
subjected to this ban were not allowed to vote, run for office, or work 
in the public sector; they often also were denied passports. In 
practice, restrictions may continue beyond that period.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the Supreme State Security Court 
(SSSC), in dealing with cases of alleged national security violations, 
was not independent of executive branch control. Political connections 
and bribery sometimes influenced verdicts in regular courts.
    The judicial system is composed of the civil and criminal courts, 
military courts, the SSSC, 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 rules on the constitutionality of laws and 
decrees; however, it does not hear appeals.
    Civil and criminal courts are organized under the Ministry of 
Justice. Defendants before these courts are entitled to the legal 
representation of their choice; the courts appoint lawyers for 
indigents. Defendants are presumed innocent, and they are allowed to 
present evidence and to confront their accusers. Trials are public, 
except for those involving juveniles or sex offenses. Defendants can 
appeal their verdicts to a provincial appeals court and ultimately to 
the Court of Cassation. Such appeals were often 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 
operated military field courts in locations outside established 
courtrooms. Such courts reportedly observed fewer of the formal 
procedures of regular military courts. Amnesty International reported 
that in April a secret field military court sentenced Muhammed Shehada 
and Mutaz Murad to 3 years in prison and Haythem Al Hawmi and Yahy 
Sharabajee to 4 years for ``attempting to establish a religious 
organization, involvement in unlicensed social activities and attending 
unlicensed religious and intellectual classes.'' The men were arrested 
in May 2003 in the town of Darya and reportedly were not represented by 
a lawyer.
    On April 1, after excessive delay, the military court of Aleppo 
sentenced 13 persons to 3 months in prison and another man to 1 year in 
prison for attending an unlicensed lecture on the Emergency Law in 
August 2003. The ``Aleppo 14,'' as the group had become known, had 
originally been arrested for ``belonging to a secret society'' and for 
``conspiring against the Syrian nation'' (see ction 2.b.). All 14 men 
were released in June.
    The trial of the ``Dumar 15,'' a group of 15 Kurdish men who were 
arrested in the aftermath of riots in the Dumar neighborhood of 
Damascus in March, has been delayed four times since it began in 
August.
    HRAS estimated there were 160 Kurdish citizens awaiting trial in 
the Military Court of Damascus for their alleged role in rioting in 
Damascus following the troubles in Hassakeh in March. At year's end, 
they were still awaiting trial.
    The SSSC tried political and national security cases and operated 
under the provisions of the Emergency Law. The SSSC did not observe the 
constitutional provisions safeguarding defendants' rights. The 
Emergency Law and the Penal Code are so broad and vague, and the 
Government's powers so sweeping, that many persons have been convicted 
and many remain in prison for the mere expression of political 
opposition to the Government. In April 2001, the U.N. Commission on 
Human Rights stated that the procedures of the SSSC are incompatible 
with the provisions of the International Covenant on Civil and 
Political Rights, to which the country is a party.
    Charges against defendants before the SSSC were vague. 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.'' The 
Government stated that the SSSC tries only persons who have sought to 
use violence against the State, but the majority of defendants who 
appeared before the SSSC this year were prosecuted for exercising their 
political rights.
    Under SSSC procedures, defendants were 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 making oral presentations.
    During the year, there was one case in which a lawyer representing 
defendants in a national security case had his license to practice law 
suspended. The Government's case was based on confessions, and the 
defendants were not allowed to argue that their confessions were 
coerced.
    On July 11, the SSSC acquitted for lack of evidence a Syrian-
Canadian citizen arrested in 2002 when he returned home to Syria to 
visit his family. The individual was charged with belonging to a 
religious group and was reportedly tortured while in detention (see 
Section 1.c.).
    Defendants did not have the right to appeal verdicts, but the 
Minister of Interior, who may ratify, nullify, or alter them, reviews 
sentences. 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 cases reportedly involved 
charges relating to membership in various banned political groups, 
including religious parties such as the Muslim Brotherhood, the Islamic 
Liberation Party, the Party of Communist Action, Syrian Kurdish Parties 
and the pro-Iraqi wing of the Ba'th Party. Sentences as long as 15 
years have been imposed in the past. Human rights NGOs were not 
permitted to visit the SSSC; however, local lawyers affiliated with 
local NGOs acted as defense counsel in some cases (see Section 4).
    On February 14, the Government issued Legislative Decree 16 
abolishing the Economic Security Courts. These courts, established in 
1977, focused on economic crimes, particularly those involving the 
illegal possession or exchange of foreign currency and violations of 
the country's once highly restrictive import regulations. Economic 
crimes are now adjudicated in the regular courts.
    The exact number of political prisoners was unknown. HRAS estimated 
there were approximately 550 political prisoners held in Saidnaya 
prison and up to several thousand more political prisoners held in 
other prisons throughout the country. These estimates may partially 
overlap with the reported number of political detainees (see Section 
1.d.). The Government did not permit regular access to political 
prisoners by international humanitarian organizations. HRAS reported 
that more than 80 percent of political prisoners serving long-term 
sentences remained in prison, despite the expiration of their 
sentences.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, the Emergency 
Law authorizes the security services to enter homes and conduct 
searches without warrants if broadly defined security matters are 
involved. The security services selectively monitored telephone 
conversations and fax transmissions. The Government opened mail 
destined for both citizens and foreign residents. The Government 
routinely monitored Internet communications, including e-mail, and 
blocked access to some internet sites (see Section 2.a.). A new 
regional satellite company provided internet access via satellite, 
beyond the control of the Government.
    The Government detained relatives of detainees or of fugitives to 
obtain confessions or the fugitive's surrender (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. In June, the SSSC sentenced three individuals to 
prison terms ranging from 6 months to 1 year for allegedly giving false 
information to a diplomatic mission in Damascus.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and the press; however, the Government significantly 
restricted these rights in practice. The Government strictly controlled 
the dissemination of information and prohibited written or oral 
criticism of the Government. The Government also prohibited discussion 
of sectarian issues. There were detentions and beatings for individual 
expressions of opinion that violated these unwritten rules. The 
Government also threatened activists in an attempt to control behavior. 
Journalists and writers practiced self-censorship. The Minister of 
Information, Dr. Mahdi Dakhlallah, has taken steps to allow more 
freedom of the press. For example, in December the Ministry of 
Information recommended the licensing of an independent association of 
journalists (see Section 2.b.).
    A number of independent periodicals were published during the year, 
including the National Progressive Front's (NPF) Communist Party 
newspaper, The People's Voice; the NPF's Union Socialist Party's 
private newspaper, The Unionist; a private satirical weekly newspaper, 
Black and White; and The Economist, which was critical of government 
performance. In July 2003, the Ministry of Information closed the 
Lamplighter, a satirical weekly. Later in 2003, one of the 
Lamplighter's former editors began publication of the Wasp, a social 
satirical weekly magazine.
    The print and electronic media at times were critical of the Ba'th 
Party and government performance and reported openly on a range of 
social and economic issues. In March, a journalist for the government-
owned daily, The Revolution, was fired over an article he wrote on 
pollution in the drinking water in Hassakeh province. The journalist 
was later reinstated after a campaign by The Economist magazine. Some 
Damascus-based correspondents for regional Arab media 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 NPF.
    The media continued to broaden their reporting on regional 
developments, including the Middle East peace process. The media 
covered some peace process events factually, but others 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, and 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 government policies. The Government did 
not interfere with broadcasts from abroad. Satellite dishes were widely 
used and available.
    The Emergency Law and Penal Code articles dealing with crimes 
against state security allowed 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 acts or speech inciting confessionalism.
    The 2001 Publications Law permits the reestablishment of 
publications that were circulated prior to 1963 and establishes a 
framework in which the National Progressive Front (NPF), as well as 
other approved private individuals and organizations, would be 
permitted to publish their own newspapers. However, the law also 
stipulates 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 500,000 to 1 million 
pounds ($10,000 to $20,000). The amendments to the Publications Law 
also impose strict punishments on reporters who do not reveal their 
government sources in response to government requests.
    The Government imprisoned journalists for failing to observe press 
restrictions. In 2002, the Government arrested journalist Ibrahim 
Hamidi on charges of ``publishing unfounded news'' in violation of the 
Publications Law. This ``unfounded news'' was believed to be an article 
in the London-based al-Hayat discussing the Government's contingency 
planning for possible hostilities in Iraq. Hamidi was jailed for 5 
months and released on bail on May 25, although his trial before the 
SSSC continues to be delayed.
    In June, the SSSC sentenced Abdel Rahman Al Shaghuri to 2 years in 
prison for emailing a newsletter from the banned website Levant News. 
In July, the SSSC sentenced 3 persons accused of revealing state 
secrets to sentences of 2-4 years for their role in publishing an 
article in an Emirates-based electronic journal.
    The Government restricted all Kurdish language publications and 
arrested journalists who wrote in favor of greater Kurdish rights. The 
trial of journalist and student Massud Hamid, arrested in July 2003 for 
posting a picture of the June 2003 Kurdish UNICEF protest on a banned 
website, continued.
    On August 29, the SSSC sentenced Ferhat Abdalrahman and Ibrahim 
Nassam to 3 years in prison. Abdalrahman was charged with writing 
articles in Lebanon for an unlicensed Kurdish Party publication; Nassam 
was charged with presenting a petition to the Government for greater 
political freedom for the Kurds. In March, Muhammad Ghanem was arrested 
reportedly for articles he had written in Emirates-based dailies on the 
problems in Hassakeh Province.
    In November, citizen journalist Louai Hussein was ordered by the 
Interior Ministry to stop writing. Two state-security officials came to 
his home in the northern coastal city of Latakia and delivered a 
written order from the Interior Ministry's political-security office 
banning him from writing. The Government did not give a reason for the 
ban, although it informed him 2 weeks later that he could write again.
    On December 2, Syrian-Kurdish journalist Taha Hamed was arrested 
for writing a number of articles abroad which were critical of the 
Government's relationship with the Kurds. Hamed was released a week 
later.
    The Ministry of Information and the Ministry of Culture and 
National Guidance censored domestic and imported foreign press. 
Publication or distribution of any material deemed by security 
officials as threatening or embarrassing to high levels of the 
Government was prohibited. Censorship usually was stricter for 
materials in Arabic.
    The Ministry of Culture and National Guidance also censored fiction 
and nonfiction works, including films. It also approved films 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).
    Internet and e-mail access was limited but growing. The Government 
blocked access to selected Internet sites that contained information 
deemed politically sensitive or pornographic in nature. The Government 
banned access to two Kurdish websites, to foreign-based websites of 
unlicensed opposition parties, and to news websites critical of the 
Government.
    The Government restricted academic freedom. Public school teachers 
were not permitted to express ideas contrary to government policy; 
however, authorities permitted somewhat greater freedom of expression 
at the university level. The Government continued its policy of only 
allowing Ba'th Party members to study political science at Damascus 
University. Ba'th Party members were also given preferential admissions 
treatment into the university.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly; however, the Government did not 
respect this right in practice. Citizens could hold demonstrations if 
the Ministry of Interior granted permission; however, the Government or 
the Ba'th Party organized most public demonstrations and selectively 
permitted some demonstrations, usually for political reasons. The 
Government also applied the restrictions on public assembly in 
Palestinian refugee camps, where only controlled demonstrations were 
allowed.
    In December 2003, the Government permitted a protest on 
International Human Rights Day, the first human rights demonstration 
ever approved.
    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 several domestic human 
rights and civil society groups held meetings without registering with 
the Government or obtaining prior approval for the meetings. However, 
in August 2003, the Government arrested and later released 21 persons 
in Aleppo for attempting to attend an unapproved lecture marking the 
40th anniversary of the declaration of the Emergency Law. Fourteen 
persons, who came to be known internationally as the ``Aleppo 14,'' 
were subsequently charged with ``belonging to a clandestine 
organization'' and ``undertaking acts of incitement.'' In April, the 
Military Court of Aleppo sentenced them to terms ranging from 3 months 
to 1 year (see Section 1.e.).
    There were numerous demonstrations during the year, most of which 
were permitted or organized by the Government to protest Israeli 
treatment of Palestinians and U.S. policies in Iraq. There were also 
several demonstrations during the year by human rights activists, which 
were not government-supported.
    On February 25, security forces detained 10 students at the 
University of Aleppo for protesting Decree #6 which ended the 
Government's policy of guarantying employment to all engineering 
graduates. Eight of the students were released the following month; 
however, dozens of students were expelled from university for their 
participation. At year's end, two of the students, Mohammed Al Arab and 
Muhammed Al Debs, remain in detention with a case pending before the 
SSSC. The trial of the two students is expected to resume on March 6, 
2005.
    On March 8, the CDF, led by Aktham Naiissa, protested in front of 
Parliament, calling for the repeal of the Emergency Law and greater 
political freedoms. Security forces detained 104 persons, including a 
foreign citizen, a foreign diplomatic observer, and international 
journalists, all of whom were released the same day.
    On June 21, human rights and civil society groups attempted to hold 
a demonstration in a central square of Damascus to commemorate the 
anniversary of the longest held political prisoner in the country. More 
than 500 riot police deployed in the square, preventing the 
demonstration. Security forces beat 10 persons and briefly detained 8 
demonstrators.
    On December 8, the International Human Rights Day protest by Kurds 
and human rights activists was organized without government approval. 
Government security forces intervened forcibly to prevent protesters 
from reaching the intended protest site.
    In June 2003, the security forces forcibly broke up a demonstration 
by Kurdish school children and arrested eight of the adults 
accompanying them. In June 2004, the SSSC sentenced seven of these 
Kurdish activists to prison terms of 1 to 2 years. The eighth detainee 
was released without any charges being brought against him.
    In 2002, the Government permitted a demonstration by the Kurdish 
Yekiti party in front of Parliament, but 2 days later it arrested 2 of 
the organizers. In January 2003, the SSSC tried these two organizers 
for belonging to an illegal organization and for conspiring to annex 
part of the country's territory to another state. The SSSC sentenced 
the men to 3 years in prison, then reduced their sentences to 14 months 
and released them on February 22, 2004 for time-served.
    The Constitution permits private associations, but it also grants 
the Government the right to limit their activities. In practice, the 
Government restricted freedom of association. Private associations are 
required to register with authorities, and requests for registration 
are usually denied, presumably on political grounds. The Government 
usually granted registration to groups not engaged in political or 
other activities deemed sensitive.
    In August, the Government denied registration to the Arab 
Organization for Human Rights (AOHR); in November, the Government also 
denied registration to the Syrian Human Rights Organization (also known 
as SWASIAH, or ``equal''). The CDF and HRAS were both denied 
registration in the past, and both organizations operate without 
government permission or support.
    The Government did not permit the establishment of independent 
political parties (see Section 3).
    In 2002, the Government sentenced 10 human rights activists, who 
had called for the expansion of civil liberties and organized public 
dialogue, to lengthy prison terms for crimes against state security. 
Two of these activists were released in September after completing 
their prison sentence. Six activists remained in prison on longer 
sentences (see Sections 1.d. and 2.a.).
    In December, the Ministry of Information recommended the licensing 
of an independent association of citizen journalists who report for 
regional Arab media, according to press reports. The 5-year effort by 
journalists to form the association had long been blocked by the 
Government (see Section 2.a.). No license has yet been issued.
    The executive boards of professional associations were not 
independent. Members of the Ba'th Party generally led the associations; 
however, nonparty members could serve on their executive boards.

    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 constituted the majority of the 
population.
    All religions and religious orders must register with the 
Government, which monitored fundraising and required permits for all 
meetings by religious groups, except for worship. There was 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 involvement in strictly 
religious issues. The Government approves all textbooks, which present 
religion as a way to foster national unity and tolerance.
    The Government considered militant Islam a threat and followed 
closely the practice of its adherents. The Government allowed many new 
mosques to be built; however, sermons were monitored and controlled.
    HRAS reported three large-scale arrests of suspected Islamists 
during the year (see Section 1.d.).
    All schools are government-managed and nonsectarian; however, 
Christian and Druze minorities operate some schools. There was 
mandatory religious instruction in schools, with government-approved 
teachers and curriculums. Religion courses were divided into separate 
classes for Muslim, and Christian students. Although Arabic is the 
official language in public schools, the Government permitted the 
teaching of Armenian, Hebrew, Syriac (Aramaic), and Chaldean as 
``liturgical languages.''
    Muslims and Christians are subject to their respective religious 
laws on marriage, divorce, child custody, and inheritance (see Section 
5).
    Although the law does not prohibit proselytizing, in practice, the 
Government discouraged such activity, particularly when it was deemed a 
threat to the relations among religious groups. Foreign missionaries 
were present, but operated discreetly.
    Government officials occasionally used radio, television 
programming, news articles, and other mass media to condone anti-
Semitic material, and, in some instances, to support its export. The 
Government tightly controlled the press, which regularly published 
anti-Israeli articles.
    In 2003, a private Syrian film company also produced an anti-
Semitic telvision series, Ash-Shatat (``The Diaspora''), and filmed it 
inside the country. The theme of this program centered on the alleged 
conspiracy of the ``Elders of Zion'' to orchestrate both world wars and 
manipulate world markets to create Israel. Although national television 
declined to air the program, it was shown on the Lebanese satellite 
television station Al-Manar. The closing credits of the programs give 
``special thanks'' to various government ministries, including the 
security ministry, the culture ministry, the Damascus Police Command, 
and the Department of Antiquities and Museums.
    The Government barred the approximately 85 Jewish citizens in the 
country from government employment and exempted them from military 
service obligations. Jews also were the only religious minority group 
whose passports and identity cards noted their religion. Jewish 
citizens must obtain permission from the security services before 
traveling abroad and must submit a list of possessions to ensure their 
return to the country. Jews also faced extra scrutiny from the 
Government when applying for licenses, deeds, or other government 
papers. The Government applied a law against exporting any of the 
country's historical and cultural treasures to prohibit the Jewish 
community from sending historical Torahs abroad.
    In 1964, the Government banned Jehovah's Witnesses as a 
``politically motivated Zionist organization''; however, members of 
Jehovah's Witnesses have continued to practice their faith privately, 
despite the official ban.
    The Constitution prohibits sectarianism although it specifies that 
the President be a Muslim; however, in the case of Alawis, religious 
affiliation facilitated access to influential and sensitive posts.
    For a more detailed discussion, see the 2004 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 ``within the territories of the state unless 
restricted by a judicial decision or by the implementation of laws''; 
however, the Government limited freedom of movement in practice. Travel 
to Israel is illegal, and the Government restricted travel near the 
Golan Heights. The Government also denied human rights activists, 
leaders of opposition groups, and other individuals permission to 
travel abroad, although government officials continued to deny that 
this practice occurred. Government authorities could prosecute any 
person found attempting to emigrate or to travel abroad illegally, any 
person who was deported from another country, or anyone who was 
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 could file 
a request with the Ministry of Interior to prohibit his wife or 
daughter's departure from the country (see Section 5).
    The Government maintained security checkpoints, primarily in 
military and other restricted areas. There were few police checkpoints 
on main roads or in populated areas. The security services used 
checkpoints to conduct warrantless searches for smuggled goods, 
weapons, narcotics, and subversive literature.
    The Government has refused to recognize the citizenship of or grant 
identity documents to some persons of Kurdish descent. Lack of 
citizenship or identity documents restricted their travel to and from 
the country (see Section 5). emigres who did not complete mandatory 
military service could pay a fee to avoid conscription while visiting 
the country. During the year, some persons were imprisoned for refusing 
to pay the fee.
    Citizens of Arab League countries were able to enter the country 
without a visa for a stay of up to 3 months, a period that is renewable 
by application to government authorities. Residency permits required 
proof of employment and a fixed address in the country.
    The Constitution prohibits forced exile, and there were no reports 
of forced exile during the year.
    The Government is not a party to either the 1951 U.N. Convention 
Relating to the Status of Refugees or its 1967 Protocol. The General 
Authority of Palestinian Arabs Refugees in Syria (GAPAR) is the 
government agency established to coordinate assistance and protection 
to refugees, over 400,000 of whom are Palestinians living in 10 
official camps and assisted by the U.N. Relief and Works Agency for 
Palestine Refugees. The Government cooperated on a case-by-case basis 
with the office of the U.N. High Commissioner for Refugees (UNHCR). The 
Government continued to provide asylum seekers and refugees under UNHCR 
protection temporary permission to stay, but remained selective about 
extending protection to other refugees. Iraqis were granted temporary 
protection by the Government, and approximately 14,500 Iraqis 
registered with UNHCR. There are estimates that between 60,000 to a few 
hundred thousand Iraqis are living in the country.
    Although the Government denied that it forcibly repatriated persons 
with valid claims to refugee status, UNHCR reported that some Iraqis 
were deported during the year. UNHCR has not taken part in any 
organized repatriations to Iraq since the withdrawal of UNCHR and other 
U.N. international staff from Iraq in 2003.
    As of June, 415,000 Palestinian refugees were registered with the 
U.N. Relief and Works Agency (UNRWA) in the country. Unlike in previous 
years, Palestinian refugees with Syrian travel documents generally 
reported less difficulty with traveling in and out of the country. The 
Government restricted entry by Palestinians who were not resident in 
the country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution requires that the President be elected by 
referendum, and the Parliament selects candidates at the discretion of 
the regional Ba'th party leadership. Although citizens vote for the 
President and Members of Parliament (M.P.s), in practice they did not 
have the right to change their government. In July 2000, Bashar al-Asad 
was confirmed as President by an unopposed referendum for a 7-year 
term. Citizens are required by law to vote; however, the percentage of 
women and minorities that voted is unknown.
    The President appoints the vice presidents, the prime minister, 
deputy prime ministers, and the Cabinet, and he has the discretion to 
change these appointments at will. The President and his senior aides, 
particularly those in the military and security services, made most 
political and economic decisions, with a very limited degree of public 
accountability.
    Political opposition to the President and the ruling Ba'th Party 
was vigorously suppressed. The Constitution provides 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. The 
Ba'th Party and eight other smaller political parties comprise the 
National Progressive Front (NPF), originally established in 1971. The 
NPF represented the only framework for legal political party 
participation for citizens; however, it remains dominated by the Ba'th 
Party and does not change the one-party character of the political 
system. Besides the Ba'th, the other political parties of the NPF 
existed largely in name only and conformed strictly to Ba'th Party and 
government policies. In April 2003, the Arab Democratic Union joined 
the NPF, making it a nine-party organization.
    The Ba'th Party dominated the 250-member Parliament, or People's 
Council. Parliamentarians could criticize policies and modify draft 
laws; however, the executive branch retained ultimate control over the 
legislative process. Elections for all 250 seats in the People's 
Council took place in March 2003. The election could not be 
characterized as free and fair because the majority of the seats in 
Parliament were reserved for members of the ruling NPF, ensuring a 
permanent absolute majority for the Ba'th Party as guaranteed by the 
Constitution. The Government allowed independent non-NPF candidates to 
run for just 83 seats, and it approved all candidates for 4-year terms.
    In 2002, the Government sentenced independent M.P.s Ma'mun Humsi 
and Riad Seif to 5-year prison terms for calling on the Government to 
allow independent political parties to participate in government. At 
year's end, the men remained in prison.
    There were reports of corruption in the legislative and executive 
branches of the Government.
    There are no laws providing for public access to government 
information.
    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 
30 of the 250 M.P.s were women.
    The Government did not provide figures on the ethnic or religious 
composition of Parliament or the Cabinet; however, there was one M.P. 
representing the Kurdish Progressive Democratic Party and one M.P. 
representing the Democratic Assyrian Organization.
    In February, the Committee of the Defense of Democratic Liberties 
and Human Rights in Syria (CDF) attempted to petition President Asad to 
end the 40-year old Emergency Law and allow greater political freedoms. 
The attempt was unsuccessful.
    In June, the Government banned all political activities by the 11 
Syrian Kurdish parties.
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. In the past, human rights groups operated legally but 
ultimately were banned by the Government. In August, the Government 
denied registration to the Arab Organization for Human Rights (AOHR); 
in November, the Government also denied registration to SWASIAH. CDF 
and HRAS were both denied registration in the past and operate 
illegally. HRAS continued to operate in a limited capacity (see Section 
2.b.).
    In April, CDF published its 2003 Human Rights Report, which was 
highly critical of the Government. The Government responded by 
arresting the president of the group, Aktham Naiissa (see Section 
1.d.).
    In 2002, the Government's sentenced 10 human rights activists to 
lengthy prison sentences, stifling the activities of human rights 
activists and organizations. All of the individuals remained in 
detention at year's end.
    In recent years, 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 has denied to international human rights groups that it 
commits human rights abuses. The Government has also 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 attached to the Ministry 
of Social Affairs and Labor. However, NGOs have reported that they 
usually heard nothing from the Ministry. The Government usually 
responded to queries from human rights organizations and foreign 
embassies regarding specific cases by claiming that the prisoner in 
question violated national security laws.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal rights and equal opportunity 
for all citizens, and discrimination based on race, sex, disability, 
language, or social status is prohibited; however, membership in the 
Ba'th Party or close familial relations with a prominent party member 
or powerful government official can help 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. There was some governmental and societal discrimination 
against Jews (see Section 2.c.) and stateless Kurds.

    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 were likely 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 
did so because of the social stigma attached to such action. The Syrian 
Women's Federation offered counseling services to battered wives to 
remedy individual family problems. The Syrian Family Planning 
Association also provided counseling in an effort to address this 
problem. Some private groups, including the Family Planning 
Association, organized seminars on violence against women, which were 
reported by government press. There were a few private, nonofficial, 
specifically designated shelters or safe havens for battered women who 
fled or sought to flee their husbands. In December, representatives of 
all government agencies were required to attend a gender issues 
training seminar with representatives of domestic women's NGOs.
    In July, the Government instituted the Syrian Agency for Family 
Affairs, which reports directly to the Prime Minister and is 
responsible for reviewing the legal and social status of women and 
children, and networking with NGOs that provide services to women and 
children.
    Rape is a felony; however, there are no laws against spousal rape. 
According to Article 489 of Criminal Law, ``The punishment for a man 
who rapes woman (other than his wife) is at least 15 years in prison.'' 
However, if the individual who commits the crime agrees to marry the 
victim, he faces no punishment. The victim's family sometimes agrees to 
this arrangement to avoid the social scandal and stigma attached to 
such a crime. If the victim is too young for marriage then the rapist 
will receive a longer sentence. No statistics are kept on spousal rape 
because it is not a crime under the Criminal Law.
    The law specifically provides for reduced sentences in ``honor'' 
crimes, which are violent assaults by a male against a female, usually 
a family member, with intent to kill for alleged sexual misconduct. 
Instances of honor crimes are rare and occurred primarily in rural 
areas in which Bedouin customs prevail. There were no cases reported 
during the year.
    The law prohibits prostitution, and it was not a widespread 
problem.
    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 
encouraged women's education by ensuring equal access to educational 
institutions, including universities. However, the Government has not 
changed personal status, retirement, or social security laws that 
discriminate against women. In addition, some secular laws discriminate 
against women. For example, under criminal law, if a man and woman 
separately commit the same criminal act of adultery, the woman's 
punishment is double that of the man's.
    Christians, Muslims, and other religious groups are subject to 
their respective religious laws on personal status issues of marriage, 
divorce, and inheritance. For Muslims, personal status law is based on 
the Government's interpretation and application of Shari'a (Islamic 
law). This interpretation discriminates against Muslim women.
    Husbands and wives can claim adultery as grounds for divorce; 
however, criminal law discriminates against women in this regard. A man 
can only be accused of adultery if his actions occur in the home which 
he shares with his wife; a woman can be accused of adultery regardless 
of venue. Also, any evidence a man presents when claiming adultery is 
accepted by a court of law; if a woman attempts to file for divorce 
based on adultery, her husband must admit to the crime or there must be 
a third witness to the act. There have been no reported cases where a 
woman successfully filed for divorce based on adultery.
    A divorced woman might not be entitled to alimony in some cases, 
particularly if she gave up her right to it in order to persuade her 
husband to agree to the divorce.
    Regardless of divorce or other circumstances, the law provides that 
a child is entitled to a minimum of 1,000 Syrian pounds ($20) per year 
of financial support. Courts calculate child alimony above this amount 
according to the income of the father. However, it is incumbent upon 
the mother requesting the alimony to prove the father's income, and the 
father is under no obligation to provide that information.
    In addition, under the Personal Status Law modified in October 
2003, a divorced mother loses the right to physical custody of her sons 
when they reach age of 13 and of her daughters at age 15. Guardianship, 
or control over exercise of the legal rights of the children, always 
remains with the paternal side of the family.
    Inheritance for Muslims also is based on the Government's 
interpretation of Shari'a. Accordingly, Muslim women usually were 
granted half of the inheritance share of male heirs. However, male 
heirs must provide financial support to the female relatives who 
inherit less. If they do not, females have the right to sue.
    Polygyny is legal but was practiced only by a small number of 
Muslim men.
    A husband may request that his wife's travel abroad be prohibited 
(see Section 2.d.).
    Women participated actively in public life and were represented in 
most professions, including the armed forces. Women were not impeded 
from owning or managing land or other real property. Women constituted 
approximately 13 percent of judges, 15 percent of lawyers, 57 percent 
of teachers below university level, and 20 percent of university 
professors.

    Children.--The law emphasizes the need to protect children, and the 
Government organized seminars regarding the subject of child welfare. 
During the year, some of these seminars were organized in cooperation 
with the local UNICEF office.
    The Government provided free, public education to citizen children 
from primary school through university. Education is compulsory for all 
children, male and female, between the ages of 6 and 12. According to 
the Syrian Women's Union, in 2001 approximately 46 percent of students 
through the secondary level were female. Nevertheless, societal 
pressure for early marriage and childbearing interfered with girls' 
educational progress, particularly in rural areas where the dropout 
rates for female students remained high.
    Palestinians and other noncitizens can send their children to 
school. Stateless Kurds can also send their children to school but 
because they do not have any identification, their children cannot 
attend state universities.
    Legal age for marriage is 18 unless parents consent to marriage for 
children under 18.
    The Government provides free medical care for citizen children 
until the age of 18. There was no legal discrimination between boys and 
girls in education or in health care.
    The law provides for severe penalties for those found guilty of the 
most serious abuses against children. Although there were cases of 
child abuse, there was no societal pattern of abuse against children.
    Child prostitution and trafficking in children were rare; incidents 
that arose mainly involved destitute orphans.
    In April, human rights organizations reported that five Kurds, ages 
12-13, were detained in Hassakeh Province and beaten by prison guards 
for 3 days (see Section 1.b.). Human rights organizations also reported 
multiple cases where minors detained by the security services were 
placed in adult prisons. HRAS reported that a 14 year-old youth was 
detained in 2003 after returning from Saudi Arabia. At year's end, the 
youth was still in detention and awaiting trial before the SSSC on 
charges of belonging to the Muslim Brotherhood.

    Trafficking in Persons.--There are no laws that specifically 
prohibit trafficking in persons; however, there were no reports that 
trafficking persons to, from, or within the country was a significant 
problem.
    The Penal Code penalizes prostitution and trafficking of citizen 
women abroad.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities and seeks to integrate them into the 
public sector work force; however, implementation remained 
inconsistent. In December, the Government implemented regulations 
reserving 4 percent of government and public sector jobs for persons 
with disabilities (see Section 6.e.). 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 remained a significant exception.
    On March 12, security forces in Qamishli, in the northeastern 
Hassakeh province, opened fire on a crowd at a soccer match after 
clashes between Arab and Kurdish fans. The following day, crowds rioted 
in Qamishli and the security forces again opened fire on the crowd. 
Subsequently, riots and demonstrations spread throughout the towns and 
villages of the Hassakeh Province as well as to cities such as Damascus 
and Aleppo. Thirty-eight persons were killed during the riots, and 
security forces detained over 1,000 persons (see Sections 1.a., 1.c., 
and 1.d.).
    In June 2003, 200 Kurdish school children, ages 7-12 and 
accompanied by their teachers and parents, organized a demonstration in 
front of the local UNICEF office in Damascus to ask for a restoration 
of citizenship and more freedoms for the Kurdish population. Eight 
Kurdish activists were detained for participating in the demonstration.
    Although the Government stopped the practice of stripping Kurds of 
their citizenship (some 120,000 lost their nationality under this 
program in the 1960s), it never restored the nationality to those who 
lost it earlier. As a result, those who lost their nationality, and 
their children, remained unable to obtain passports, or even 
identification cards and birth certificates. Without citizenship, these 
stateless Kurds, who, according to UNHCR estimates, number 
approximately 200,000, were unable to own land, were not permitted to 
practice as doctors or engineers, were denied government employment, 
were ineligible for admission to public hospitals and public 
universities, had no right to vote, and could not travel to and from 
the country. They also encountered difficulties in enrolling their 
children in school, and in some cases, in registering their marriages. 
In May, President Asad stated that the Government was committed to deal 
with the citizenship issue and that Kurdish citizens were an integral 
part of the national fabric. Despite these statements, there was no 
progress made toward these government commitments by year's end.
    Although the Government contended 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 resided. The 
Supreme State Security Court tried some members of the Kurdish 
community for expressing support for greater Kurdish autonomy or 
independence (see Section 2.a.).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of association; however, in practice, workers were not free to 
establish unions independent of the Government. All unions must belong 
to the General Federation of Trade Unions (GFTU), which was dominated 
by the Ba'th Party and was a part of the State's bureaucratic 
structure. As an information channel between political decision-makers 
and workers, the GFTU transmitted instructions downward to the unions 
and workers while also conveying information to decision-makers about 
worker conditions and needs. The GFTU advised the Government on 
legislation, organized workers, and formulated rules for various member 
unions, controlling nearly all aspects of union activity. The GFTU 
president is a senior member of the Ba'th Party, and he and his deputy 
may attend cabinet meetings on economic affairs.
    There were no reports of anti-union discrimination. Since the 
unions were part of the Government's bureaucratic structure, the law 
protects them from anti-union discrimination. The GFTU is affiliated 
with the Damascus-based International Confederation of Arab Trade 
Unions.
    All lawyers wishing to practice law in court must belong to the 
Syrian Bar Association, whose leadership is dominated by Ba'th Party 
members. In February 2003, the Government expelled two lawyers from the 
Bar Association because of their human rights activities, which 
included defending high profile human rights cases and calling for an 
end to human rights abuses.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to form unions and to bargain collectively; 
however, these rights did not exist in practice. 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 has been some evidence that 
union representatives participated with representatives of employers 
and the supervising ministry in establishing minimum wages, hours, and 
conditions of employment. This was a positive development insofar as it 
indicated respect for the ILO's ``Social Partners'' tripartite formula. 
Workers served on the boards of directors of public enterprises, and 
union representatives always were 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.
    Following an increase in the salaries of public sector employees in 
2003 and despite several meetings that were held between officials from 
the Ministry of Labor, GFTU, and representatives from the Federation of 
the Syrian Chambers of Commerce and Industry, private employers were 
not forced to increase salaries and wages of their employees. However, 
similar meetings in 2004 succeeded in stipulating an increase in the 
salaries and wages of private sector employees, though the increase was 
symbolic.
    Unions have the right to litigate disputes over work contracts and 
other workers' interests with employers and were able to ask for 
binding arbitration. In practice, labor and management representatives 
settled most disputes without resort to legal remedies or arbitration. 
Management had the right to request arbitration, but that right seldom 
was exercised. Arbitration occurred when a worker initiated a dispute 
over wages or severance pay. Arbitration authority was vested in the 
Ministry of Justice Administrative Petition Court. In practice, this 
court did little more than certify agreements and plays little role in 
actually arbitrating disputes, as such disputes did not occur with any 
regularity.
    The law does not prohibit strikes; however, previous government 
crackdowns deterred workers from striking. During the year, there were 
no strikes.
    There are no unions in the seven free trade zones (FTZs). 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. Ninety percent of the workers in the 
FTZs are citizens of the country.

    c. Prohibition of Forced or Compulsory Labor.--There is no law 
prohibiting forced or compulsory labor, including that performed by 
children, and there were no reports of forced or compulsory 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. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Law provides for the protection of children from exploitation in 
the workplace; however, the Government permitted child labor in some 
instances. The private sector minimum age for employment is 15 years 
for most types of nonagricultural labor, and 18 years for heavy work. 
Working hours for youths of legal age are set at 6 hours per day. 
Youths are not allowed to work during night shifts nor during the 
weekend or official holidays. 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 worked in family businesses and who 
technically were not paid a salary--a common phenomenon--did not fall 
under the law. Children under 15 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 claimed that the expansion of the private sector has 
increased child labor. Independent information and audits regarding 
government enforcement were not available again this year. The majority 
of children under age 16 who worked did so for their parents in the 
agricultural sector without remuneration. In a 2002 study, UNICEF found 
that 18 percent of children under the age of 18 participated in the 
labor force.
    The Ministry of Labor and Social Affairs monitored employment 
conditions for persons under the age of 18, but it did 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 law does not prohibit forced 
or compulsory 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 just over $100 per month, plus other 
compensation (i.e., meals, uniforms, and transportation). In July, the 
Government announced a 20 percent increase in private sector minimum 
wages to 3,500 Syrian pounds ($70) per month. 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 took 
additional jobs or were supported by their extended families.
    In February, the Government changed from a 6 to a 5-day workweek 
for all public sector employees. According to official government 
statistics, the public sector employs 867,000 persons, or 16 percent of 
the workforce.
    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 attempting to find and notify the person, including 
through newspaper notices, before he is able to take 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 found 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.
    In December, President Asad signed the newly amended ``Basic Labor 
Law.'' The Law stipulates that public sector entities must reserve 4 
percent of government and public sector jobs for persons with 
disabilities (see Section 5). In addition, the law granted employees 
judicial recourse to appeal dismissals. A committee formed by the 
Minister of Justice, the Minister of Labor, and the Chief of the 
Central Commission for Inspection and Control may make a decision to 
dismiss an employee, stating the reasons behind the decision. This 
decision has to be ratified by the Prime Minister.
    The law does not protect temporary workers who are not subject to 
regulations on minimum wages. Small private firms and businesses 
employed such workers to avoid the costs associated with hiring 
permanent employees. The law mandates safety in all sectors, and 
managers were expected to implement them fully. In practice, there was 
little enforcement without worker complaints, which occurred 
infrequently despite government efforts to post notices regarding 
safety rights and regulations. Large companies, such as oil field 
contractors, employed safety engineers.
    Officials from the Ministries of Health and Labor are designated to 
inspect work sites for compliance with health and safety standards; 
however, such inspections appeared to be sporadic, apart from those 
conducted in hotels and other facilities that catered to foreigners. 
The enforcement of labor laws in rural areas were more lax than in 
urban areas, where inspectors were 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.

                               __________

                                TUNISIA

    Tunisia is a constitutional republic dominated by a single 
political party, the Democratic Constitutional Rally (RCD). Zine El 
Abidine Ben Ali has been the President since 1987. In the October 24 
presidential and legislative elections, President Ben Ali ran against 
three opposition candidates and won 94.49 percent of the popular vote, 
with official turnout quoted as higher than 90 percent of registered 
voters, although there were indications that voter turnout figures were 
artificially inflated. By law, 20 percent of seats in the legislature 
(Chamber of Deputies) are reserved for opposition party candidates; as 
a result, 37 (out of 189) seats were divided between 5 of the 7 legal 
opposition parties in proportion to the number of votes they received. 
The RCD was allocated the remaining 152 seats. A coalition of three 
local independent nongovernmental organizations (NGOs) cited a lack of 
media access by opposition candidates during the campaign period and 
media bias in favor of the ruling party as serious problems. Opposition 
candidates and other observers cited voter intimidation and 
restrictions on disseminating campaign materials and organizing 
campaign events. The ruling party's domination of state institutions 
and political activity precluded credible and competitive electoral 
challenges from unsanctioned actors. A second legislative body, the 
Chamber of Advisors, was created in a 2002 referendum amending half the 
constitution, but has yet to be formed. President Ben Ali has said the 
chamber will open in the summer of 2005. The Constitution provides that 
the President appoint the Prime Minister, the Cabinet, and the 24 
governors. The Constitution grants legislative power to the Chamber of 
Deputies and Chamber of Advisors; however, the President can also 
propose legislation. The Constitution provides for an independent 
judiciary; however, the executive branch and the President strongly 
influence judicial procedures, particularly in political cases.
    The police share responsibility for internal security with the 
National Guard and other state security forces. The police operate in 
the capital and a few other cities. In outlying areas, their policing 
duties are shared with, or ceded to, the National Guard. The majority 
of internal security forces are under the control of the Minister of 
Interior. The civilian authorities maintained effective control of all 
security forces. Members of the security forces committed numerous, 
serious human rights abuses and acted with impunity.
    The country has a population of approximately 10 million; the 
Government maintained that approximately 80 percent of citizens are in 
the middle class. Fewer than 5 percent fall below the poverty line. The 
economy is export oriented, relatively diversified, and increasingly 
market based. During the year, the economy's growth rate was 
approximately 5 percent. Wages generally have kept pace with inflation.
    The Government's human rights record remained poor, and the 
Government continued to commit serious abuses; however, the Government 
continued to demonstrate respect for the religious freedom of 
minorities, as well as the human rights of women and children. 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 individuals. International observers were not allowed to 
inspect prisons, and lengthy pretrial and incommunicado detention 
remained a serious problem. The Government infringed on citizens' 
privacy rights. The Government continued to impose significant 
restrictions on freedom of speech and of the press. The Government 
restricted freedom of assembly and association. The Government remained 
intolerant of public criticism and used intimidation, criminal 
investigations, the court system, arbitrary arrests, residential 
restrictions, and travel controls (including denial of passports), to 
discourage criticism by human rights and opposition activists. 
Corruption was a problem.
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 the Government or its 
agents; however, on February 27 the Tunisian Human Rights League (LTDH) 
reported that a 29 year old male citizen, Badreddine Rekeii, died in 
police custody between February 7 and 9. The police reportedly told 
Rekeii's family that he committed suicide; however, according to his 
family, his body showed ``signs of violence'' that led them to 
disbelieve the police report.
    a. Disappearance.--There were no reports of politically motivated 
disappearances; however, state authorities sought to limit contact 
between prisoners and outside contacts, including family, by moving 
them frequently to other locations.
    Habib Ellouz, a former leader of the banned Islamist party, An 
Nahdha (Arabic for ``renaissance''), which the Government considers a 
terrorist organization, was transferred from the Borj El Amri prison in 
early in the year after he began a hunger strike. His family has said 
it has been unable to find out where he is being held (see Section 
1.c.). A military tribunal gave Ellouz a life sentence in 1992 for his 
alleged involvement in a conspiracy to overthrow the Government.

    b. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Penal Code prohibits such practices; however, security 
forces reportedly tortured detainees to elicit confessions and 
political prisoners to discourage resistance. 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 loss of consciousness; 
cigarette burns; and food and sleep deprivation. Police allegedly beat 
naked, manacled prisoners while they were suspended from a rod. 
According to Amnesty International (AI), police and prison officials 
used sexual assault and threats of sexual assault against the wives of 
Islamist prisoners to extract information, to intimidate, and to 
punish.
    Charges of torture in specific cases were difficult to prove 
because authorities often denied victims access to medical care until 
evidence of abuse disappeared. The Government maintained that it 
investigated all complaints of torture and mistreatment filed with the 
prosecutor's office, and noted that alleged victims sometimes accused 
police of torture without filing a complaint, which is a prerequisite 
for an investigation.
    According to defense attorneys, local human rights groups, and AI, 
police routinely refused to register complaints of torture. In 
addition, judges dismissed complaints without investigation, and 
accepted as evidence confessions extracted through torture. The 
Government may open an administrative investigation of allegations of 
torture or mistreatment of prisoners without a formal complaint; 
however, it is unlikely in those cases to make the results public, or 
available to the lawyers of affected prisoners.
    There were more reports of torture committed in pretrial detention 
centers than in prisons. Political prisoners and Islamists allegedly 
received harsher treatment during their arrests and confinement than 
common criminal prisoners.
    AI reported in 2003 that individuals (who became known as the 
``Zarzis Group'') were tortured during their pretrial detention. The 
Government stated that the individuals did not file complaints of 
mistreatment nor request medical examinations. The judge did not 
investigate the allegations of torture. The international NGO Reporters 
Without Borders reported that nine members of the group were convicted 
on terrorism related charges in April (see Section 1.e.).
    Security forces regularly used violence against Islamists, 
activists, and dissidents. Three individuals, alleged members of the 
security forces, assaulted journalist Sihem Ben Sedrine on January 5 
(see Section 2.a.). On October 11, former political prisoner Hamma 
Hammami, whose party urged the boycott of the October 24 presidential 
elections, reported being assaulted.
    According to the International Association for the Support of 
Political Prisoners (AISPP), Nabil El Ouaer, whom a military tribunal 
sentenced to 15 years of prison in the early 1990s, was beaten by the 
head of Borj Erroumi prison and put in solitary confinement, where four 
other prisoners raped him in June. Based on its timing and location, 
human rights activists believed prison officials sanctioned the 
incident. El Ouaer conducted a hunger strike and filed a complaint 
through a lawyer. When the case received international attention, 
President Ben Ali ordered the Higher Commission on Human Rights and 
Basic Freedoms (a state appointed body) to conduct an inquiry into the 
case; however, the results were not publicized. El Ouaer's family told 
human rights activists that prison officials pressured him to withdraw 
his complaint.
    On July 29, the LTDH reported that a police officer allegedly 
received only a suspended sentence of two years for raping an 8 year 
old girl in October 2000 in the town of Sousse. According to reports, 
the officer had not been suspended from work following the incident. 
Human rights activists described this as an example of the security 
forces' lack of accountability.
    Prison conditions ranged from spartan to poor, and generally did 
not meet international standards. Foreign diplomatic observers who 
visited prisons described the conditions as ``horrible.'' Overcrowding 
and limited medical care posed a significant threat to prisoners' 
health. Sources reported that 40 to 50 prisoners were typically 
confined to a single 194 square foot cell, and up to 140 prisoners 
shared a 323 square foot cell. Prisoners and former prisoners reported 
that inmates were forced to share a single water and toilet facility 
with more than 100 cellmates, which created serious sanitation 
problems.
    On October 7, the LTDH released a 63 page report on the country's 
prisons entitled ``The Walls of Silence,'' which stated that there were 
approximately 26,000 prisoners in 29 prisons and 7 juvenile detention 
centers. The report described a number of abuses, alleging that torture 
and humiliating ill treatment of prisoners were widespread within 
prisons.
    Zouhair Yahiaoui, a formerly imprisoned journalist (see Section 
2.a.), reported in 2003 that he had shared a cell that was 40 square 
meters (430 square feet) with 80 fellow prisoners, and that they only 
had access to water for 30 minutes a day. He conducted hunger strikes 
to protest his treatment.
    After a commission of inquiry conducted an investigation of prison 
conditions in 2003, President Ben Ali decided to implement a number of 
reforms, many relating to improving medical care in prisons; however, 
the effects of this decision could not be determined. The Commission's 
report was not released to the public. An article from the magazine 
``Realites'' stated that there were 253 prisoners per 100,000 citizens, 
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.
    On July 7, Human Rights Watch (HRW) released a report entitled 
``Long Term Solitary Confinement of Political Prisoners'' that 
documented how as many as 40 political prisoners, mostly An Nahdha 
leaders, have been held in long term isolation in prisons around the 
country. HRW claimed that many of these prisoners have been in 
isolation for periods ranging from months to years, and that the 
isolation policy has violated the country's law.
    Men, women, and children were held separately in prisons. Prison 
conditions for women were generally better than those for men. 
According to ``Realites,'' there were four juvenile ``reformatory 
centers.'' Conditions for detainees and convicts were reportedly the 
same. Pretrial detainees generally were kept separate from convicts.
    There were reports from former prisoners, the relatives of current 
prisoners, and NGOs that prison conditions and rules were harsher for 
political prisoners and Islamists. Former political prisoners said 
their records and identity cards were marked to identify them to guards 
for ``special treatment.'' These prisoners apparently were moved 
frequently and, upon arrival at a new prison, received a brutal 
beating.
    International and local NGOs reported 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 (see 
Section 1.b.). The National Council for Liberties in Tunisia (CNLT) 
reported that other inmates were instructed to stay away from political 
prisoners and were punished severely for making contact with them.
    The Government did not permit international organizations or the 
media to inspect or monitor prison conditions. During the year, the 
Government conducted talks with the International Committee of the Red 
Cross (ICRC) to allow ICRC access to the country's prisons; however, no 
access had been granted by year's end.

    d. Arbitrary Arrest or Detention.--The Constitution specifically 
prohibits arbitrary arrest and detention; however, these prohibitions 
were not always observed in practice.
    The Ministry of Interior controls the majority of the security 
services. Within the ministry are several law enforcement 
organizations, including: the police, who have primary responsibility 
within the major cities; the National Guard, which has responsibility 
in smaller cities and the countryside; and state security forces tasked 
with monitoring groups and individuals the Government considers to be a 
dangerous threat, such as the media, Islamists, human rights activists, 
and opposition parties and leaders. The Ministry of Interior monitors 
the communications of those groups and individuals. There are a large 
number of plainclothes police throughout the country.
    In general, law enforcement groups were disciplined, organized, and 
effective; however, there were episodes involving petty corruption, the 
solicitation of bribes by police at traffic stops, and police brutality 
against individuals whose behavior was deemed ``provocative.'' Human 
rights activists reported that law enforcement organizations operated 
with impunity, and that the police committed attacks, sanctioned by 
high officials, on dissidents and oppositionists.
    During the year, the Government stated that in 74 cases between 
2000 and 2002, police and prison guards who committed ``infringements 
against detainees'' had received sentences ranging from an $85 (100 
dinars) fine to a 10 year imprisonment.
    On March 17, the Minister of Interior announced the creation of the 
Higher Institute of Internal Security Forces and Customs, a new 
oversight body for law enforcement officers in the Ministries of 
Interior and Customs. The organization's stated mission was to 
reinforce human rights and improve law enforcement; however, no 
information was available about its subsequent operations.
    The law provides that the police must have a warrant to arrest a 
suspect, unless the crime committed is a felony or in progress; 
however, authorities sometimes ignored this requirement and arbitrary 
arrests and detentions occurred. The Penal Code permits the detention 
of suspects for up to 6 days prior to arraignment, during which the 
Government may hold suspects incommunicado. Arresting officers are 
required to inform detainees of their rights, immediately inform 
detainees' families of the arrest, and make a complete record of the 
times and dates of such notifications; however, those rules were 
sometimes ignored. Detainees were allowed access to family members when 
they were not being held incommunicado; however, the Government did not 
always facilitate the efforts of family members to identify the 
whereabouts of their detained relatives.
    Detainees have the right to know the grounds of their arrest before 
questioning, and may request a medical examination. They do not have a 
right to legal representation during the pre arraignment detention. 
Attorneys, human rights monitors, and former detainees maintained that 
the authorities illegally extended detainment by falsifying arrest 
dates. Police reportedly extorted money from families of innocent 
detainees in exchange for dropping charges against them.
    The law permits the release of accused persons on bail, which may 
be paid by a third party. 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.
    In cases involving crimes for which the sentence may exceed 5 years 
or that involve national security, pretrial detention may last an 
initial period of 6 months and may 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 pretrial stage, 
the court conducts an investigation, hears arguments, and accepts 
evidence and motions from both parties. Complaints of prolonged 
pretrial detention were common. Some defendants claimed that they were 
held in pretrial detention for years.
    The Government denied detaining anyone for political crimes. The 
lack of public information on prisoners and detainees made it 
impossible to estimate how many political detainees there were. 
However, it is likely that the number of political detainees held 
without charge is low because criminal convictions of dissidents and 
Islamists are easy to secure under laws prohibiting membership in 
outlawed organizations, and ``spreading false information aimed at 
disturbing of the public order.''
    Judges and the Government exercised their authority to release 
prisoners or suspend their sentences, often on conditional parole (see 
Section 1.e.). On November 3, the Government granted amnesty to 
prisoners in an annual ritual marking the anniversary of President Ben 
Ali's accession to power (see Section 3). The Government did not 
provide details on the numbers, types, or names of prisoners released. 
Estimates of the numbers released range from 26 to at least 80. 
According to AI, most of those released were members of the banned 
Islamist group An Nadha.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the executive branch and the President 
strongly influenced judicial decisions, particularly in political 
cases. The executive branch exercises an indirect authority over the 
judiciary through the appointment, assignment, tenure, and transfer of 
judges, which rendered the system susceptible to pressure in sensitive 
cases. In addition, the President is head of the Supreme Council of 
Judges. The law provides citizens legal recourse to an administrative 
tribunal to address grievances against government ministries; however, 
government officials rarely respected the tribunal's decisions, which 
were non binding. Throughout the year, the Government permitted 
observers from diplomatic missions, members of the European Parliament, 
and foreign journalists to monitor trials. The Government did not 
permit observers to attend sessions of military tribunals.
    The civil court system is composed of a four tiered hierarchy. At 
the first level, there are 51 District Courts, in which a single judge 
hears each case. At the second level are the Courts of First Instance, 
which serve as the appellate courts for the District Courts, but also 
have original jurisdiction for more serious cases. There is a Court of 
First Instance in each region, and they are empowered to consider all 
commercial and civil cases. Each Court is composed of a three judge 
panel. At the third level are three Appeals Courts. The Court of 
Cassation or Supreme Court serves as the final court of appeals. The 
Supreme Court only considers arguments pertaining to points of law. The 
organization of the criminal court system is similar to that of the 
civil court system. In most cases, the presiding judge or panel of 
judges dominates a trial, and defense attorneys have little opportunity 
to participate substantively.
    There are also military courts, which fall under the Ministry of 
Defense, and an administrative tribunal.
    Trials in the regular courts of first instance and in the courts of 
appeal are open to the public. By law, the accused has the right to be 
present at trial, be represented by counsel, and question witnesses; 
however, judges do not always observe these rights in practice. The law 
permits the trial in absentia of fugitives from the law. Both the 
accused and the prosecutor may appeal decisions of the lower courts. In 
court, a woman's testimony is worth the same as a man's.
    The Constitution provides that defendants are presumed innocent 
until proven guilty ``following a procedure offering essential defense 
guarantees.'' However, that presumption was sometimes ignored in 
practice, especially in politically sensitive cases. Defendants may 
request a different judge if they believe the one assigned to them is 
not impartial; however, judges are not required to recuse themselves. 
The law allows judges to substitute community service for jail 
sentences of 6 months or less. There were no reports that this 
alternative was applied in political cases.
    Although family and inheritance law is codified, civil law judges 
were known to apply Shari'a law in family cases (especially those 
involving child custody) if the two systems conflicted. For example, 
codified laws provided women with the legal right to custody over minor 
children; however, judges sometimes refused to grant women permission 
to leave the country with them, holding that Shari' a appoints the 
father as the head of the family who must grant children permission to 
travel. Some families avoided the application of Shari' a inheritance 
rules by executing sales contracts between parents and children to 
ensure that daughters received shares of property equal to that of 
sons.
    Lengthy trial delays remained a problem (see Section 1.d.). 
Defendants do not have the right to a speedy trial, nor is there any 
limit to how much time a case can take. Defense lawyers claimed that 
judges sometimes refused to let them call witnesses on their clients' 
behalf or to question key government witnesses. Defense lawyers 
contended that the courts often failed to grant them adequate notice of 
trial dates, or to allow them time to prepare their cases. Some 
reported that judges restricted access to evidence and court records, 
and in some cases, required all the lawyers working on a case to 
examine documents together on a single date in judges' chambers, 
without allowing them to copy relevant documents.
    Lawyers and human rights organizations reported that courts 
routinely failed to investigate allegations of torture and mistreatment 
and accepted as evidence confessions extracted through torture (see 
Section 1.c.). They noted that the summary nature of court sessions 
sometimes prevented reasoned deliberation. They also stated that 
erratic court schedules and procedures were designed to deter observers 
of political trials.
    On April 6, eight defendants, known informally as the ``Zarzis 
Group,'' were convicted of terrorism related charges. Six sentences 
were later reduced on appeal from up to 26 years to 13 years. On April 
16, a ninth member of the group received a 25 month sentence. Human 
rights groups criticized their trials, claiming the prosecution 
submitted very little evidence. The defendants, most in their late 
teens and early twenties, reportedly had searched the Internet for 
information about explosives and construction of a rocket launcher, and 
they had tried to contact an alleged member of Al Qaida in Europe. 
According to some human rights groups, the Zarzis members were arrested 
immediately after Government ``cyber police'' detected their illicit 
web surfing.
    On November 4, Jalal Zoghlami, editor of the opposition magazine 
Kaws El Karama, and his brother Nejib Zoghlami were sentenced to 8 
months in prison for damaging property during a ``disturbance'' in a 
Tunis cafe. According to HRW, the brothers claimed that police agents 
had staged the event.
    Military tribunals have the authority try cases involving military 
personnel and civilians accused of national security crimes. A military 
tribunal consists of a civilian judge and four military deputy judges. 
Defendants may appeal the military tribunal's verdict to the civilian 
Supreme Court, 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.
    On June 29, Salem Zirda, a civilian and former refugee, faced a 
military court trial for ``providing services to a terrorist 
organization operating abroad.'' Mr. Zirda was accused of having made 
contact with members of the banned Islamist party An Nadha The court 
sentenced him to 7 years in prison.
    The Government denied that it held any political prisoners, and 
there was no definitive information regarding the number of political 
prisoners. Nevertheless, early in the year, the AISPP published a list 
of 542 names of individuals whom it considered political prisoners. The 
AISPP stated that impediments to gathering information about prisoners 
made it very likely that the total number of political prisoners was 
higher. Nearly all of these prisoners were Islamists, but very few were 
convicted for acts of violence. Most of those who have been identified 
by international human rights groups as political prisoners or 
prisoners of conscience were arrested for violating laws that prohibit 
membership in illegal organizations, and spreading false information 
aimed at undermining public order. Many were arrested for disseminating 
information produced by organizations such as An Nahdha. Former 
political prisoners said their identity papers were marked in a way 
that resulted in their receiving harsher treatment (see Section 1.c.).
    The Government released approximately 80 prisoners in early 
November. Two of the released prisoners were former An Nahdha leaders 
Ali Laaridh and Zyed Daoulatli. The releases were part of the annual 
amnesty commemorating President Ben Ali's 1987 accession; however, 
observers noted that most of the released prisoners had served two 
thirds of their sentences, which is the point when most convicts are 
granted parole.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions ``except in 
exceptional cases defined by law''; however, the Government generally 
did not respect these prohibitions in practice. Police sometimes 
ignored the requirement to have a warrant before conducting searches if 
authorities considered state security to be involved.
    On June 14, state security forces reportedly attempted to search 
the office of Saida Akremi, a lawyer and the Secretary General of the 
AISPP. According to witnesses, Akremi was able to prevent the search 
from taking place, since the security forces reportedly did not have a 
search warrant.
    On September 3, the opposition newspaper Al Mawkef reported that 
the house of journalist Slim Boukhedhir was broken into after he asked 
a question at a press conference implying that relatives of the 
President had pressured the judiciary to influence a legal case. Human 
rights activists speculated that security forces committed the break in 
(see Section 2.a.).
    Authorities may invoke state security to justify telephone 
surveillance. There were numerous reports by NGOs, the news media, and 
diplomatic representatives that the Government intercepted faxes and 
emails. The law does not explicitly authorize these activities, but the 
Government stated that the Code of Criminal Procedure implicitly gives 
investigating magistrates such authority. Many political activists 
experienced frequent and sometimes extended interruptions of home and 
business telephone and fax service. Human rights activists accused the 
Government of using the Postal Code, with its broad but undefined 
prohibition against mail that threatens the public order, to interfere 
with their correspondence and interrupt the delivery of foreign 
publications. Security forces routinely monitored the activities, 
telephone, and Internet exchanges of opposition, Islamist, and human 
rights activists, as well as journalists, and also placed some under 
surveillance (see Section 2.a.).
    Human rights activists claimed that the Government subjected family 
members of Islamist activists and human rights activists to arbitrary 
arrest, reportedly using charges of ``association with criminal 
elements'' to punish family members for crimes allegedly committed by 
the activists. Family members were reportedly denied jobs, business 
licenses, and the right to travel due to their relatives' activism. 
They also alleged that relatives of Islamist activists, who were in 
jail or living abroad, were subjected to police surveillance and 
mandatory visits to police stations for questioning about their 
activist relatives. The Government maintained that the non activist 
relatives were themselves members or associates of the An Nahdha 
movement, and therefore were subject to legitimate laws prohibiting 
membership in or association with that organization.
    On April 3, two Islamist former political prisoners, Abdellatif 
Makki and Jalel Ayes, suspended their 2 month hunger strike protesting 
their December 2003 dismissal from El Manar University. They had been 
banned from attending the university after their release from prison. 
Their case received the attention of local and international human 
rights NGOs; however, they were not reinstated.
    According to human rights lawyer Radhia Nasraoui, the Government 
reportedly was no longer conducting obtrusive surveillance of her, her 
family, and her clients.
    There were no indications that the Government had reissued any of 
the more than 10,000 national identity cards (confiscated in 2003) of 
former prisoners convicted of An Nahdha membership, or of relatives of 
An Nahdha members and their supporters. Confiscation of an identity 
card makes nearly every aspect of civil and administrative life 
difficult. An individual must have an identity card to receive 
healthcare, sign a lease, buy or drive a car, access bank accounts and 
pensions, and even to join a sports club. Police may stop anyone at any 
time and ask for their identity card. If individuals are unable to 
produce their cards, police may detain them until their identity can be 
established by a central fingerprint database.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press ``exercised within the conditions 
defined by the law''; however, the Government generally did not respect 
these rights in practice. It limited press freedom and intimidated 
journalists, editors, and publishers into practicing self censorship. 
Security forces closely monitored press activity.
    There were a number of limits on freedom of speech. In particular, 
the Government did not tolerate criticism of its policies or officials 
in the mainstream press, and self censorship in public over these 
issues was common throughout all levels of society.
    On July 24, the Tunisian Chamber of Deputies adopted a law that 
criminalized the unauthorized publication of any other individual's 
personal information. The Government cited this as an example of 
improvement in the field of human rights, namely, citizens' right to 
privacy; however, journalists expressed concern that in practice the 
law would actually be used to limit freedom of speech and the press, 
particularly in politically sensitive cases. There were no reports of 
this law being enforced.
    The law prohibits citizens from discussing national politics on 
foreign radio or television channels during the 2 weeks prior to 
national elections; however, there were no cases in which the law was 
invoked during the year.
    Security forces often questioned citizens seen talking with foreign 
visitors or residents, particularly visiting international human rights 
monitors and journalists.
    The Government stated there were 245 newspapers and magazines in 
the country, the ``great majority'' of which are ``privately owned and 
freely decide on their own editorial line.'' It also noted ``the press 
as a whole enjoys a great deal of indirect assistance in the form of 
customs exemptions for all materials involved in printing.'' However, 
of the eight mainstream dailies, two are government owned, two are 
owned by the ruling party, and two, although nominally private, take 
editorial direction from senior government officials. All media are 
subject to significant governmental pressure over subject matter. There 
were three opposition party newspapers, which had small circulations 
but exercised editorial independence from the Government. Nevertheless, 
two of them, Ettariq El Jadid and Al Wahda, received Government 
subsidies under a law that provided government financing to papers 
representing opposition parties with seats in Parliament. The third, Al 
Mawqif, did not receive the subsidy since its party was not represented 
in Parliament.
    Foreign publications that included articles critical of the country 
were generally not available for sale, although in some cases they were 
distributed after a few days' delay. The Government prevented local 
journalists from broadcasting reports on pan Arab satellite channels 
during the Arab ministerial meetings in January and March. Government 
regulations required foreign correspondents to obtain written approval 
before videotaping any public area.
    The Government tightly controlled broadcast media. It owned and 
operated the two television stations and all but one of the country's 
radio stations. Broadcast news reports were confined to international 
and uncontroversial national issues. On the other hand, the Government 
did not restrict possession of satellite dishes, which reportedly a 
majority of households used to gain access to foreign news channels. 
The country's sole private radio station, Radio Mosaique, continued to 
make extensive independent social commentary; however, its political 
reporting was similar to that of state owned broadcast media.
    The Government exercised tight control over the creation of new 
print and broadcast media organizations. It did not allow the creation 
of any new newspaper during the year, but did authorize the creation of 
the country's first independent television station, which reportedly 
will begin broadcasting in February 2005.
    The Government was sensitive about local journalists who 
contributed to negative reporting about the country in the 
international press. On January 5, three men, alleged to be 
plainclothes members of the security forces, assaulted journalist Sihem 
Ben Sedrine. One struck her repeatedly in the face and chest. The 
assault coincided with an increase in Ben Sedrine's contacts with 
western media, NGOs, and governments, which observers believed to be 
the reason for the assault.
    On January 13, security forces prevented Sihem Ben Sedrine, a 
journalist, publisher, and one of the founders of the CNLT, from 
registering her newspaper Kalima, whose website remains blocked within 
the country (see Section 2.b.) Ms. Ben Sedrine has said this was her 
third attempt to register the publication.
    Members of the security forces regularly questioned journalists 
regarding press conferences and other public functions hosted by 
foreigners that the journalists attended.
    On May 3, the Tunisian Journalism Association (AJT) published a 
list of 11 journalists who had not received permission, as requested, 
to publish new independent newspapers. The Government did not process 
applications for independent television and radio licenses, and 
applicants complained of a lack of transparency about the application 
process.
    Harassment of journalists by the Government was common, and in rare 
cases, security forces used violence against them. At an August press 
conference, two men, alleged to be members of the security forces, 
reportedly assaulted journalist Slim Boukhedhir after he asked a 
question implying that relatives of the President had pressured the 
judiciary to influence a legal case. Subsequent to the incident, 
Boukhedhir reportedly received numerous threatening phone calls and his 
house was broken into (see Section 1.f.).
    The Government withheld press credentials from, and delayed 
granting passports to, journalists with whom it was displeased, 
particularly those associated with the opposition. For example, Al 
Mowqif senior editor Mohamed Fourati was denied a passport for 8 
months. On March 24, the Government accused Fourati in court of 
belonging to an unauthorized organization based on a series of articles 
that he published in Kalima, although the Government subsequently 
dropped the charges. On the other hand, Internet journalist and former 
political prisoner Zouhair Yahyaoui (conditionally released from prison 
in November 2003) was able to get a passport, despite the fact that he 
remained vocally critical of the Government, and resumed his work 
editing an online pro democracy magazine that the Government blocked.
    Unlike in previous years, there were no new reports of journalists 
being arrested. In March, a Court of Appeals confirmed the November 
2003 conviction of Kalima editor and dissident journalist Neziha Rejiba 
(known as Om Zied). Rejiba was convicted of an arbitrarily enforced 
currency exchange restriction and received an 8 month suspended 
sentence and a $950 (1,200 dinars) fine. Observers believed that she 
was charged to punish her for the editorial line of the online journal.
    On September 10, Abdullah Zouari, a journalist who once worked for 
Al Fajr, the weekly newspaper of the An Nahdha party, was released from 
prison. He conducted a hunger strike in early this year to protest the 
fact that his family was prohibited from visiting him. Zouari was 
convicted in August 2003 for violating the terms of his administrative 
control when he accompanied an HRW foreign worker to visit families of 
Islamist prisoners. Hamadi Jebali, a former editor of Al Fajr, remained 
in prison to serve his 6 year sentence for insurrection and 
``membership in an illegal organization.''
    News media are subject to direct and indirect government control 
over content. However, the primary mechanisms that the Government used 
to censor publications were indirect. For example, The Press Code 
requires all newspapers to submit copies of each edition to the 
Government prior to distribution. This pro forma process, known as 
``depot legal,'' resulted in self censorship among editors and 
journalists. Unlike the mainstream independent press, the Government 
required some opposition papers to await explicit approval of each 
edition before beginning its distribution. Even when the Government 
formally approved editions of opposition papers, it sometimes prevented 
their distribution. The staff of Al Mawqif reported that such was the 
case on several occasions during the year.
    On March 9, 28 journalists employed by the government owned daily 
newspapers, La Presse and As Sahafa, signed a letter to government 
officials decrying an increase in censorship and pressure from ``the 
hierarchy.'' They specifically cited pressure to refrain from reporting 
on sensitive national issues such as the 2003 Tunis floods and a 
teacher's strike, as well as on international issues such as the number 
of coalition forces killed in Iraq and Israeli actions in Palestine. 
Thirteen later rescinded their signatures, allegedly due to pressure 
from their editors. On May 31, representatives of the Ministry of 
Interior convoked Rachid Khachana, the editor of Al Mawqif, to advise 
him to desist from publishing statements by ``unrecognized entities'' 
and from ``criticizing the ruling party.''
    According to media editors, senior government officials routinely 
called news directors and editors to inform them which issues were 
taboo, and in some cases, to take issue with reports they had published 
or broadcast. The Tunisian Agency for External Communications (ATCE) 
enforced this policy and other informal censorship mechanisms by 
selectively withholding government advertising funds from newspapers or 
magazines that published articles that the Government deemed offensive. 
In May, Realites lost all government funded advertising for two weeks 
after the publication of an editorial on freedom of the press in the 
country. In addition, private companies reportedly were consistently 
unwilling to advertise in newspapers no longer receiving government 
advertisements for fear of appearing to side with the media 
organization being punished.
    The media practiced a high degree of self censorship. Journalists 
in the mainstream press regularly refrained from investigative 
reporting on national issues. The tiny opposition press constituted the 
only newspapers to report regularly on controversial national issues.
    Book publishing was subject to the pro forma approval of the 
Government, and the Government imposed the same restrictions on books 
as it did on other media.
    The Government blocked access to a number of Internet websites, 
including nearly all sites belonging to domestic human rights, 
opposition and Islamist groups, as well as many pornographic websites. 
However, in April, the Government allowed access to several foreign 
websites that previously had been blocked, including Hotmail, Al 
Jazeera, AI, and the French daily newspaper Liberation. Some foreign 
human rights websites remained blocked, including the website of the 
NGO Reporters Without Borders.
    On May 3, the LTDH published the report, ``Media Under Watch,'' 
that criticized the state of press freedom and discussed the means by 
which the Government monitored and blocked Internet usage. In July, a 
report on ``cyber freedom,'' published by the Arab Information Network 
on Human Rights, ranked the country last among 11 Arab countries.
    The Government limited academic freedom and sought to foster a 
culture of self censorship in universities. The Government closely 
monitored administrators, teachers, and students to identify Islamic 
extremists. Police on university campuses, both in uniform and 
plainclothes, discouraged students from openly expressing dissent. 
Academic publications were subject to the pro forma process of 
submission to the Government before publication, and university 
libraries did not purchase foreign books or subscribe to foreign 
magazines deemed critical of the Government. Tight government control 
over academic research funds caused university administrators to not 
apply for grants on research topics (such as one on ``voting methods'') 
that they believed the Government would find objectionable. Professors 
avoided teaching classes on subjects considered sensitive, such as 
legal courses on political systems or classes on civil liberties.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right in practice. Groups that wish to hold a public meeting, 
rally, or march must apply for and obtain a permit from the Ministry of 
Interior no later than 3 days before the proposed event, and they must 
submit a list of participants. According to diplomatic representatives, 
the authorities routinely approved such permits for groups that 
supported government positions, but consistently refused permission for 
groups that expressed dissenting views. In previous years, NGO leaders 
have reported difficulty in renting space to hold large meetings. They 
maintained that police pressured hotel and hall managers to prevent 
them from renting meeting space to the NGOs.
    In March, according to human rights activists, the deputy governor 
of Gafsa refused to allow regional leaders of an opposition party to 
meet. The meeting's organizers were forced to cancel the event at the 
last minute.
    According to opposition media, regional authorities pressured a 
Tozeur businessman to rescind his offer to rent a meeting hall to an 
opposition party in May, which he did. Other hotel managers and 
businessmen denied that there is a specific ban on renting space to 
opposition groups; however, they said they cooperated with the Ministry 
of Interior and accommodated its requests when possible.
    On November 28, security forces prevented human rights activists 
from attending a meeting of the LTDH, in the town of Kairouan, by 
imposing road checkpoints and blocking entrance to the LTDH 
headquarters. On December 11, police surrounded the headquarters of the 
CNLT and blocked attendance at the organization's general assembly.
    The Government used large numbers of police and other forces tasked 
with state security to monitor, control, and sometimes disrupt 
demonstrations. According to diplomatic representatives, the Government 
broke up several unsanctioned demonstrations during the year and, in 
many incidents, police outnumbered demonstrators. In general, 
demonstrators and security forces did not resort to violence; however, 
there were some exceptions, such as scuffles ensuing from 
demonstrators' attempts to cross police lines or demonstrators not 
dispersing when ordered by police. Security forces were prepared to 
respond vigorously to civil disorder.
    On April 18, police convoked several NGO leaders who had organized 
a peaceful demonstration to protest the killing of a Palestinian 
leader. Some were asked to sign a written document promising not to 
participate in future demonstrations.
    On April 23, college students in the northern town of Bizerte 
conducted a demonstration ``in solidarity with Iraq and Palestine'' 
that police violently dispersed. There were no reports of injuries or 
deaths. The official government news agency announced that the 
demonstration served no purpose since the Government position and that 
of the demonstrators were identical.
    The Constitution provides for freedom of association; however, the 
Government generally did not respect this right in practice, 
particularly for groups deemed critical of its policies. The law 
requires that new NGOs submit an application to the Government in order 
to gain recognition, and to operate legally. According to the law, an 
NGO that has filed an application to register may operate freely, while 
the Government processes its application. If the Government does not 
reject the application within 90 days, the NGO is automatically 
registered.
    The Government routinely and arbitrarily blocked the registration 
of new independent NGOs by refusing to provide receipts for their 
registration applications. Without such a receipt, NGOs were unable to 
counter the Government's assertions that they had not applied to 
register, and therefore were not allowed to operate. In such cases, 
NGOs could be shut down, their property seized, and their members 
prosecuted for ``membership in an illegal organization.''
    On January 13, journalist and editor Sihem Ben Sedrine was 
similarly rebuffed when she attempted to register her online magazine, 
Kalima, despite the fact a member of the Chamber of Deputies 
accompanied her (see Section 2.a.).
    On March 22, the Government solicited the application of the AISPP, 
which its president, Mohamed Nouri, duly submitted. When the Government 
gave him a receipt, many observers assumed that it would approve the 
NGO's application, since in all related cases in recent years it has 
refused to provide a receipt for the applications of human rights NGOs. 
Nevertheless, in June, the Government formally rejected its application 
without providing the grounds for refusal (see Section 4).
    On April 26, the recently formed Tunisian Green Party submitted an 
application to register itself with the Government. After the party did 
not hear from the Government for 3 months, its president, Abdelkader 
Zitouni, believed that the application had been approved according to 
the law. Nevertheless, on July 26, the Ministry of Interior informed 
him that it had not received an official request for registration. 
Since Zitouni had not received a receipt, he was unable to prove to the 
Government's satisfaction that he had submitted an application (see 
Section 3).
    On June 8, the human rights activist Radhia Nasraoui of the 
Tunisian Association for the Struggle against Torture (ALTT), 
accompanied by the NGO's vice president, secretary general, and 
treasurer, attempted to submit an application to register their NGO. 
According to the ALTT, after government officials refused to accept 
their applications, the group conducted a 6 hour sit in until police 
expelled them and supporters from the premises (see Section 1.f.).

    c. Freedom of Religion.--The Constitution provides for the freedom 
of religion that does not disturb public order, and the Government 
generally respected this right in practice, although there were some 
restrictions and abuses. The Government did not permit the 
establishment of political parties based on religion, prohibited 
proselytizing, and restricted the wearing of the hijab, or headscarf. 
Islam is the state religion, and the Constitution stipulates that the 
President must be a Muslim. The Government controlled and subsidized 
mosques, and also subsidized some synagogues. The Government paid the 
salaries of both Muslim prayer leaders and the country's Grand Rabbi.
    The Government recognizes all Christian and Jewish religious 
organizations that were established before independence in 1956. 
Although it permits other Christian denominations to operate, the 
Government has only formally recognized the Catholic Church. The 
Government did not permit Christian groups to establish new churches. 
Authorities can deport foreigners suspected of proselytizing and not 
permit them to return; however, there were reports that the Government 
preferred to not renew the visas of suspected missionaries or to 
pressure their employers to not extend their contracts, rather than to 
deport them. There were no reported cases of official action against 
persons suspected of proselytizing during the year.
    Since 1999, the Government has not permitted registration of a 
Jewish religious organization in Djerba; however, the group has been 
permitted to operate, and it performed religious activities and 
charitable work without restriction.
    The Ministry of Religious Affairs hosted a Colloquium December 8-9 
entitled ``Dialogue of the Abrahamic Faiths for Tolerance and Peace,'' 
aimed at fostering mutual understanding. Representatives of the Muslim, 
Christian, and Jewish faiths participated.
    Islamic religious education was mandatory in public schools; 
however, the religious curriculum for secondary school students also 
included histories of Judaism and Christianity.
    The Government did not permit the establishment of political 
parties based on religion, and it used this prohibition to continue to 
outlaw the Islamist party An Nahdha, and to prosecute suspected members 
for ``membership in an illegal organization'' (see Section 1.e.). In 
previous years, the Government revoked the identity cards of an 
estimated 10,000 to 15,000 Islamists and fundamentalists, which, among 
other consequences, prevented them from being legally employed (see 
Section 1.f.). Many of these individuals reportedly remained without 
identity cards throughout the year. The Government continued to 
maintain tight surveillance over Islamists.
    The law provides that only persons appointed by the Government may 
lead activities in mosques, such as prayer or theological discussion 
groups. The Government required that mosques remain closed, except 
during prayer times and other authorized religious ceremonies, such as 
marriages or funerals. According to human rights lawyers, the 
Government regularly questioned individuals observed praying frequently 
in mosques. Authorities instructed imams to espouse governmental social 
and economic programs during prayer times in mosques.
    The Government sought to suppress certain outward signs of 
citizens' religious practice. For example, regulations forbade the 
wearing of the hijab in government offices, and there were reports of 
police requiring women to remove their hijab in offices, on the street, 
and at certain public gatherings. In several cases, school officials 
took disciplinary action to punish and deter hijab use, and there were 
reports that school and government officials detained women who wore 
the hijab, and attempted to make them sign written oaths renouncing it. 
The Government characterized the hijab as a ``garment of foreign origin 
having a partisan connotation,'' and prohibited the hijab in public 
institutions in order to ``observe impartiality required of officials 
in their professional relations with others.'' However, diplomatic 
representatives observed a few government employees wearing the hijab 
in their offices. There were reports that police sometimes detained men 
with ``Islamic'' style beards, harassed them, and compelled them to 
shave off their beards.
    Religious publications are subject to the same restrictions on 
freedom of speech and the press as secular publications. Christian 
groups were generally allowed to distribute religious documents in 
English but not in Arabic. Moreover, only sanctioned religious groups 
were allowed to distribute religious documents. In the Government's 
view, distribution by other groups constituted an illegal ``threat to 
public order'' (see Section 2.a.).
    Christians and Jews living in the country, including foreigners, 
constituted less than 1 percent of the population. The Government 
permitted Christians and Jews, who did not proselytize, to worship as 
they wished, and it allowed Jewish communities to operate private 
religious schools. Jewish children on the island of Djerba were 
permitted to divide their academic day between secular public schools 
and private religious schools. The Government also encouraged Jewish 
expatriates to return for the annual pilgrimage to the historic El 
Ghriba Synagogue on the island.
    The Government took a wide range of security measures to protect 
synagogues, particularly during Jewish holidays, and Jewish community 
leaders said that the level of protection that the Government provided 
them increased during the year. Government officials and private 
citizens alike often cited the country's tradition of religious 
tolerance as one of its strengths.
    While Baha'is do not consider themselves Muslims, the Government 
regarded the Baha'i faith as a heretical sect of Islam, and permitted 
its adherents to only practice their faith in private. Ministry of 
Interior officials periodically met with prominent citizens of the 
Baha'i faith to discuss their activities, and Baha'i leaders asserted 
that, as a result, their community's relationship with the Government 
improved during the year.
    Muslims who converted to another religion faced social ostracism. 
There were reports that the Government did not allow married couples to 
register the birth of their children, or receive birth certificates if 
the mother was Christian and the father was Muslim, and if the parents 
tried to give their children non Muslim names.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, Repatriation, and Exile.--The Constitution provides for 
these rights, and the Government generally respected them in practice; 
however, the Government refused to issue, renew, amend, or accept 
passports of some dissidents, Islamists, and their relatives. The 
Government also may impose a 5 year period of ``administrative 
controls'' at sentencing on certain former prisoners that constituted a 
type of internal exile.
    The law provides that the courts can cancel passports and contains 
broad provisions that both permit passport seizure on national security 
grounds, and deny citizens the right either to present their case 
against seizure or to appeal the judges' decision. The Ministry of 
Interior is required to 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 with impunity. The public prosecutor deferred to the 
Ministry of Interior on such requests.
    There were numerous reports of citizens experiencing difficulty 
applying for or renewing their passports. Many applicants accused the 
Government of not acting on their applications solely on the basis of 
their opposition to the ruling party or Government policies. Mokhtar 
Boubaker, a labor leader and former chief editor of the General Union 
of Tunisian Workers (UGTT) weekly, Esch Chaab, reported that the 
Government has refused him a passport since 2001. He said the Ministry 
of Interior refused to tell him the reason for not processing his 
renewal application. In another case, former Islamist leader Dr. 
Mohamed Sedki Labidi allegedly has been deprived of his passport for 
the last decade without a court decision. In February, the Government 
allegedly refused to issue a passport for the 8 month old daughter of a 
former political prisoner, now living in Europe.
    The Constitution prohibits forced exile; however, the Penal Code 
provides for the imposition of a form of internal exile (which the 
Government calls ``administrative control'') on convicts for up to five 
years. Administrative control measures, which take effect upon a 
convict's release from prison, are similar to parole restrictions, 
except that they may be applied to prisoners even after they have 
completed their sentences. The Government assigns those individuals a 
place to live, which may be anywhere in the country, and they are 
required to stay ``in the area of their residence.'' They also may be 
required to report to a police station several times each day, and at 
times that are determined only the previous evening. At the police 
station, they reportedly may be forced to wait hours before they are 
allowed to sign in, which made employment impossible and childcare 
difficult. Numerous Islamists released from prison in recent years have 
been subjected to such requirements.
    On September 10, the Government released former journalist Abdullah 
Zouari, who was originally sentenced to 9 months in prison in August 
2003 for violating the terms of the administrative control measures 
imposed on him (see Section 2.a.).
    By law, administrative control measures may only be imposed at 
sentencing; however, a former high school teacher, Nouri Chniti, 
claimed that, although his sentence did not include administrative 
control, he has been subject to extra judicial administrative control 
measures since 1991, when he received a suspended sentence for 
membership in An Nadha.
    Some political opponents in self imposed exile abroad were 
prevented from obtaining or renewing their passports in order to return 
to the country.
    The Constitution provides for the granting of asylum or refugee 
status in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol. The country is a party to the 
1951 Convention relating to the Status of Refugees, the 1967 Protocol 
Relating to the Status of Refugees, and the Convention Governing the 
Specific Aspects of Refugee Problems in Africa. However, in practice, 
the Government has instituted no measures to protect against 
refoulement, the return of persons to a country where they feared 
persecution, and has not granted refugee status and asylum. The 
Government cooperated to a certain degree with the office of the U.N. 
High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees and asylum seekers. The Government 
has not officially provided temporary protection to foreign nationals 
who did not qualify as refugees under the 1951 Convention and 1967 
Protocol.
Section 3. Political Rights: Citizens' Right to Change Their Government
    The Constitution provides that citizens shall directly elect the 
President and members of the Chamber of Deputies for 5 year terms; 
however, there were significant limitations on citizens' right to 
change their government. Moreover, irregularities that called into 
question the legitimacy of elections were routine. In the October 24 
national elections, President Ben Ali faced three candidates, and 
received 94.49 percent of the popular vote to secure a fourth term in 
office. The third opposition candidate, Mohamed Halouani of the Et 
Tajdid party, cited a number of government restrictions and other 
irregularities to explain why he received less that 1 percent of the 
official vote count. According to official election returns, more than 
90 percent of registered voters went to the polls; however, independent 
NGOs estimated that the actual turnout was closer to 30 percent.
    The elections were characterized by notable irregularities, such as 
voter intimidation. A coalition of three local independent NGOs (LTDH, 
CNLT, and the Tunisian Association of Democratic Women) cited a lack of 
media access by opposition candidates during the campaign period, and 
media bias in favor of the ruling party as serious problems. Opposition 
candidates and other observers also cited voter intimidation, 
restrictions on disseminating campaign materials and organizing 
campaign events, the ruling party's domination of state institutions, 
and political activity which precluded credible and competitive 
electoral challenges from unsanctioned actors.
    The Electoral Code significantly limits the number of individuals 
eligible to run for president. A candidate must be Muslim, and must 
receive the endorsement of 30 sitting deputies or municipal council 
presidents to be eligible to run.
    On August 31, the Government formed a body called the National 
Election Observatory, whose members were to include ``national figures 
known for their competence, experience, and independence.'' The 
Observatory was tasked with monitoring all stages of the October 24 
elections, and was to report directly to President Ben Ali. However, 
independent human rights activists complained that the real purpose of 
the Observatory was to co opt foreign observers, and reduce pressure to 
allow independent groups to monitor both the elections and their 
preparation.
    The ruling party has maintained power continuously since the 
country gained its independence in 1956. It dominates the Cabinet, the 
Chamber of Deputies, and regional and local governments. The President 
appoints the Prime Minister, the Cabinet, and the 24 governors. The 
Government and the party are closely integrated, and current and former 
senior government officials constitute the top ranks of the RCD. The 
President of the Republic is also the president of the party, and the 
party's vice president and secretary general each hold the rank of 
minister. All the members of the RCD politburo hold ministerial rank 
based on their current or former government service.
    RCD membership conferred tangible advantages. For example, there 
were widespread reports that children of RCD members were much more 
likely to receive scholarships and housing preferences at school. RCD 
members also were much more likely to receive small business permits 
and waivers on zoning restrictions.
    To mitigate the advantages wielded by the ruling party, the 
Electoral Code reserves 20 percent of seats in the Chamber of Deputies 
(37 of 189) for the 7 officially recognized opposition parties, and 
distributes them on a proportional basis to those parties that won at 
least a single directly elected district seat. Five of the opposition 
parties gained seats under that provision in the October 24 elections. 
The RCD continued to hold the remaining 152 seats. Since opposition 
parties have been unsuccessful in their attempts to raise money from 
private contributors, the Government partially funded their campaigns. 
For the elections, each party represented in the Chamber of Deputies 
received a public subsidy of approximately $42,000 (60,000 dinars), 
plus an additional payment of $3,500 (5,000 dinars) per deputy. 
Opposition newspapers had difficulty finding sources of advertising 
revenue, so the Government gave each one up to $105,000 (120,000 
dinars). The Government provided 3 minutes of airtime for a 
representative of each legislative list, and 5 minutes of airtime for 
each presidential candidate, in addition to limited coverage of 
political party meetings following the main nightly news program; 
however, there were reports that the statements of opposition 
representative were not shown on TV at all. Opposition parties were 
allocated equal space on bulletin boards placed in most neighborhoods 
for the elections.
    By law, the Government does not permit the establishment of 
political parties on the basis of religion, language, race, or gender. 
The government has used the prohibition to continue to outlaw the 
Islamist An Nahdha party and to prosecute suspected members for 
``membership in an illegal organization'' (see Sections 2.b. and 2.c.). 
The Government refused to recognize the creation of the Tunisian Green 
Party, which applied for registration with the Government on April 26 
(see Section 2.b.).
    Prior to the October 24 elections, several opposition leaders 
protested the country's 2002 referendum vote, which amended half of the 
Constitution, questioning the legitimacy of the amendments, including 
the provision that allowed President Ben Ali to run for an additional 
term of office. Others noted the inconsistent application of the 
amendments, such as the Government's failure to create the new upper 
house of the country's legislature, the Chamber of Advisors, even 2 
years after the referendum. The Government stated that, ``the spirit 
and import of the reforms cannot come down to some of its provisions, 
given their wide range and diversity.'' For example, it cited laudable 
provisions that in theory increased the power of the judiciary and 
legislative branch relative to the executive.
    Corruption in the Government existed. On March 17, the Minister of 
Interior announced the creation of the ``Higher Institute of Security 
Forces and Customs,'' tasked not only with ``reinforcing human rights 
and improving law enforcement,'' but also reducing corruption. There 
were no public reports of the organization's subsequent activities. 
There also were episodes involving petty corruption with the security 
forces, in particular the solicitation of bribes by police at traffic 
stops (see Section 1.d.).
    On a number of occasions, President Ben Ali expressed the desire to 
increase the level of representation of women in the Government to 25 
percent. In April, he appointed Tunisia's first female governor. There 
were 43 women in the 189 seat legislature. Two of the 25 ministers, and 
5 of the 20 secretaries of state were women. More than one fifth of 
municipal council members were women. Three women served as presidents 
of chambers on the Supreme Court. Two women served on the 15 member 
Higher Council of the Magistracy. The September 7 by elections in a 
governorate on the outskirts of Tunis were one of the first elections 
held in the country without gender segregation at polling stations.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international groups were able to investigate and 
publish their findings on human rights cases; however, the Government 
sought to discourage investigations of human rights abuses. According 
to the Government, there were more than 8,000 NGOs in the country. The 
vast majority was devoted exclusively to social and economic 
development issues. There were approximately one dozen domestic human 
rights NGOs, although only half were authorized. The Government met 
with registered domestic human rights NGOs, and responded to their 
inquiries; however, it also harassed, targeted, and prosecuted some of 
them. Human rights activists and lawyers complained of frequent 
interruptions of postal and telephone services (see Section 1.f.).
    The LTDH was one of the most active independent advocacy 
organizations, with 41 branches throughout the country. The 
organization received and investigated complaints and protested abuses. 
According to diplomatic representatives, the Government continued to 
block a European Union grant to the LTDH, citing a law on NGO financing 
that includes broad prohibitions on funding of NGOs without Government 
approval.
    Other independent human rights NGOs included: the legally 
registered Arab Human Rights Institute; the Tunisian Association of 
Democratic Women (ATFD); the unregistered AISPP; and the ALTT.
    Since 1998, the Government has refused to authorize the CNLT's 
registration as an NGO. The CNLT issued statements sharply criticizing 
the Government's human rights practices. Government officials accused 
CNLT members of violating the pro forma submission requirements by 
publishing communiques without prior government approval (see Section 
2.a.).
    During the year, significant numbers of RCD members continued 
attempts to join independent NGOs, such as the LTDH and other civil 
society groups, with the apparent intent of eventually gaining control 
of the NGOs through elections. In some cases they used the NGOs' own 
bylaws, while in other cases they exploited a provision of the 
country's law on associations that requires ``organizations of a 
general character'' to grant membership to all who apply. This strategy 
brought mixed results, but it could achieve eventual success, 
especially since the number of independent NGOs was relatively low.
    During the year, the Government deterred several foreign NGOs from 
visiting the country to work on election monitoring projects. The 
Government cited the country's October 24 elections as an especially 
sensitive time that precluded controversial visits. The Government also 
sought to control and monitor the activities of some foreign NGOs 
within the country.
    The ICRC maintained a regional office in the country. During the 
year, the Government entered into discussions with ICRC representatives 
over granting the ICRC access to the country's prisons; however, no 
agreement was reached during the year (see Section 1.c).
    The Ministry of Justice and Human Rights has the lead on government 
policy on human rights issues in the country. There were also human 
rights offices in other ministries. The Ministry did not release any 
public reports of cases or investigations. A government appointed and 
funded body, the Higher Commission on Human Rights and Basic Freedoms, 
addressed, and sometimes resolved, human rights complaints. The Higher 
Commission submitted confidential reports directly to President Ben 
Ali. The Government maintained several human rights websites, which 
promoted the country's human rights record; however, it continued to 
block access to the sites of domestic human rights organizations (see 
Section 2.a.).
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    The Constitution provides that all citizens are equal before the 
law, and the Government generally respected these rights. Legal 
discrimination was not pervasive; however, in some areas such as 
inheritance and family law, Based based provisions in the civil code 
adversely affected women.

    Women.--Violence against women occurred, however, there were no 
comprehensive statistics to measure its extent. Police officers and the 
courts tended 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 unrelated individual. The National Union of Tunisian Women (UNFT) 
is a government sponsored organization that ran a center to assist 
women and children in difficulty, and has undertaken national 
educational campaigns for women. The UNFT reported that their shelter 
handled 1,000 cases during the year. The Tunisian Democratic Women's 
Association (ATFD) was active in debating and publicizing women's 
issues, and also operated a counseling center for women who were 
victims of domestic violence. The ATFD reported that their shelter 
assisted approximately 1,000 women. The Center for Studies, Research, 
Documentation, and Information on Women (CREDIF), a government research 
organization, reports official information on women's issues.
    The Penal Code specifically prohibits rape. There is no legal 
exception to this law for spousal rape; however, in part due to social 
stigma, there were no reports of spousal rape being prosecuted. The 
penalty for rape with the use of violence or threat with a weapon is 
the death sentence. For all other rape cases, the penalty is life 
imprisonment.
    The Penal Code prohibits prostitution; however, charges against 
individuals were rare. Prostitution was not a problem. The penalty for 
prostitution is up to two years in prison. The law applies to both 
women and men and their accomplices. There were no reported cases of 
trafficking or forced prostitution involving women.
    The 2003 razorblade attacks, in which the victims were women 
supposedly chosen because they dressed immodestly, stopped after the 
arrest of two alleged perpetrators in 2003. No information was 
available about the status of those arrested. If convicted, the Penal 
Code stipulates a penalty of up to 5 years in prison for violence and 
use of a knife or razorblade.
    Sexual harassment occurred; however, there was no comprehensive 
data to measure its extent. On August 2, the Chamber of Deputies passed 
the country's first law making sexual harassment a criminal offense; 
however, the Government subsequently suspended the law after civil 
society groups vociferously criticized it. The law would have 
instituted sentences of 1 year in prison and a fine of $2,500 (3,000 
dinars) for individuals convicted of ``publicly insulting acceptable 
standards of good behavior by gesture or speech.''
    Women enjoy substantial rights, and the Government advanced those 
rights in the areas of property ownership practices and support to 
divorced women. Women comprised approximately 30 percent of the work 
force. The law explicitly requires equal pay for equal work, and 
although there were no statistics comparing the average earnings of men 
and women, anecdotal evidence indicated that women and men performing 
the same work received the same wages. In 2003, there were an estimated 
2,000 businesses headed by women. A slight majority of university 
students were women. There was a marked difference in female literacy 
rates by age. According to UN statistics, the rate of female literacy 
for those between the ages of 6 and 30 was over 90 percent. Female 
literacy for those over 50 was 10 percent.
    Women served in high levels of the Government as cabinet ministers 
and secretaries of state, comprising more than 13 percent of the total, 
and President Ben Ali appointed the country's first female governor in 
April (see Section 3). Women constituted 37 percent of the civil 
service and 24 percent of the nation's total jurists. However, women 
still faced societal and economic discrimination in certain categories 
of private sector employment.
    Codified civil law is based on the Napoleonic code; however, judges 
often used Shari' a as a basis for customary law in family and 
inheritance. Most property acquired during marriage, including property 
acquired solely by the wife, is held in the name of the husband. Muslim 
women are not permitted to marry outside their religion. Marriages of 
Muslim women to non Muslim men abroad are considered common law, and 
are voided when the couple returns to the country. Application of 
inheritance law continued to discriminate against women, and there was 
a double standard based on gender and religion: Non Muslim women and 
Muslim men who are married may not inherit from each other. The 
Government considers all children from those marriages to be Muslim, 
and forbids those children from inheriting anything from their mothers. 
Female citizens can convey citizenship rights to their children whether 
the father is a citizen or not.
    In February, the Government launched a morality campaign invoking a 
1940 law penalizing ``immoral behavior'' that observers said primarily 
affected women. There were reports that women were detained for wearing 
jeans that police judged too tight, for holding hands with men in 
public, and for driving with young men ``without authorization.'' 
According to newspaper reports, hundreds of citizens (both men and 
women) were sentenced to prison terms varying from 4 to 12 months for 
``immoral behavior.''
    The Ministry for Women's Affairs, Family, Children and Senior 
Citizens, has undertaken several national media campaigns to promote 
awareness of women's rights. Nearly two thirds of its budget is devoted 
to ensuring the legal rights of women, while simultaneously improving 
their socioeconomic status. The Government supported and funded the 
UNFT, the CREDIF, and women's professional associations. Several NGOs 
focused, in whole or in part, on women's advocacy and research in 
women's issues, and a number of attorneys represented women in domestic 
cases.

    Children.--The Government demonstrated a strong commitment to free 
and universal public education, which is compulsory from age 6 to 16 
years. According to UNICEF, 95 percent of boys and 93 percent of girls 
were in primary school, and approximately 73 percent of boys and 76 
percent of girls were in secondary school. During the year, female 
students graduated from secondary school at a higher rate than male 
counterparts. There were schools for religious groups (see Section 
2.c.). The Government sponsored an immunization program targeting 
preschool age children, and reported that more than 95 percent of 
children were vaccinated. Male and female students received equal 
access to medical care.
    Penalties for convictions for abandonment and assault on minors 
were severe. There was no societal pattern of abuse of children.
    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 had secretaries of state responsible 
for safeguarding the rights of children.

    Trafficking in Persons.--The Law prohibits trafficking in persons, 
and there were no reports that persons were trafficked to, from, or 
within the country.
    On January 27, the legislature approved amendments to the 1975 law 
on passports and travel documents. The law includes provisions for 
sentencing convicted traffickers to prison terms of 3 to 20 years, and 
fines of $67,000 to $83,000 (80,000 to 100,000 dinars). The amendments 
brought national law into conformance with the international protocol 
agreement on trafficking of persons. The Government was also prepared 
to use provisions of the penal code to combat trafficking should the 
need arise. For example, traffickers could be prosecuted under laws 
prohibiting forced displacement of persons. Current law also prohibits 
slavery and bonded labor.
    The Ministry of Interior and Local Development and the Ministry of 
Social Affairs, Solidarity and Tunisians Abroad were the agencies 
responsible for anti trafficking efforts. Since trafficking was not a 
problem, there were no specific government campaigns to prevent 
trafficking.

    Persons With Disabilities.--There was little discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. The law prohibits 
such discrimination, and mandates that at least 1 percent of public and 
private sector jobs be reserved for persons with disabilities. The law 
also specifically prohibits discrimination against persons with mental 
disabilities. All public buildings constructed since 1991 must be 
accessible to persons with physical disabilities, and the Government 
generally enforced these provisions. 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 Government strongly supported NGOs working 
to help persons with disabilities.
    Several active NGOs provided educational, vocational, and 
recreational assistance to children and young adults with mental 
disabilities. The Government and international organizations funded 
several programs. The Ministry of Social Affairs, Solidarity and 
Tunisians Abroad was responsible for protecting the rights of persons 
with disabilities.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the Labor Code 
provide workers the right to organize and form unions, and the 
Government generally respected this right in practice. The General 
Union of Tunisian Workers (UGTT) is the country's only labor 
federation. There are some unauthorized, independent trade unions: The 
Democratic Confederation for Labor and the Tunisian Journalists 
Syndicate. Approximately 30 percent of the work force belonged to the 
UGTT, including civil servants and employees of state owned 
enterprises, and a considerably larger proportion of the work force was 
covered by union contracts. A union may be dissolved only by court 
order.
    The UGTT and its member unions were legally independent of the 
Government and the ruling party; however, they operated under 
regulations that restricted their freedom of action. The UGTT 
membership included persons associated with all political tendencies. 
There were credible reports that the UGTT received substantial 
government subsidies to supplement modest union dues; however, UGTT 
leaders stated that their only funding came from modest union dues, and 
revenue from an insurance company and hotel owned by the union. Union 
members and their families received additional support from the 
National Social Security Account (CNSS). The Government has provided 
the UGTT with land for its new headquarters and support for its 
construction. 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 in support of greater democracy. The UGTT supported the 
LTDH, and allowed LTDH regional chapters to use UGTT facilities for 
conferences and meetings.
    The law prohibits antiunion discrimination by employers; however, 
the UGTT claimed that there was antiunion activity among private sector 
employers, such as the firing of union activists and using temporary 
workers to avoid unionization. In certain industries, such as textiles, 
hotels, and construction, temporary workers accounted for a large 
majority of the work force. The Labor Code protects temporary workers, 
but enforcement was 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 approved all worker dismissals. 
The committee is composed of representatives from the Ministry of 
Social Affairs, Solidarity and Tunisians Abroad, the UGTT, and the 
company dismissing the worker.

    b. The Right to Organize and Bargain Collectively.--The law 
protects the right to organize and bargain collectively, and the 
Government protected this right 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 covered 80 percent 
of the total private sector workforce. The Government's role in private 
sector negotiations was minimal, consisting mainly of lending its good 
offices as a mediator if talks stalled; however, the Government must 
approve, but may not modify, all agreements. Once approved, the 
agreements are binding on both union and nonunion workers in the line 
of work that they cover. The UGTT also negotiated wages and work 
conditions of civil servants and employees of state owned enterprises. 
The Government was the partner in such negotiations. The 2002-03 
triennial labor negotiations with the UGTT and the Union of Tunisian 
Employers (UTICA), the private sector employer's association, resulted 
in a compromise of a 5 percent wage increase in most sectors.
    Unions, including those representing civil servants, have the right 
to strike, provided that they give 10 days advance notice to the UGTT, 
and it grants approval. 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. 
Organization and collective bargaining rights were not denied by law or 
practice in EPZs, nor were there any special laws or exemptions of 
regular labor laws for these zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced and compulsory labor, including by children, and there were no 
reports that such practices occurred. However, some parents of teenage 
girls placed their daughters as domestic servants and collected their 
wages (see Section 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor did not pose a significant problem. The minimum age for 
employment was 16 years, and was consistent with the age for completing 
educational requirement (see Section 5). The minimum age for light work 
in the non industrial and agricultural sectors, during non school 
hours, was 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. In nonagricultural sectors, children between the ages of 14 and 
16 years 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 years.
    The Government adhered to the standards of International Labor 
Organization Convention 182, and enacted regulations concerning the 
``worst forms of child labor'' and ``hazardous'' work. Inspectors of 
the Ministry of Social Affairs and Solidarity examined the records of 
employees to verify that employers complied with the minimum age law. 
Nonetheless, as in most agricultural economies, young children 
sometimes performed agricultural work in rural areas, and worked as 
vendors in towns, primarily during their summer vacation from school. 
There were no reports of sanctions against employers.
    Child labor existed in the informal sector, disguised as 
apprenticeship, particularly in the handicraft industry, and in the 
cases of teenage girls whose families placed them as domestic servants. 
There was no reliable data on the extent of this phenomenon.

    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 Ministry of Finance, the 
Ministry of Social Affairs, Solidarity and Tunisians Abroad, and the 
Ministry of Development and International Cooperation, in consultation 
with the UGTT and the UTICA, and approved by the President. In July, 
the industrial minimum wage was raised to $173 (218 dinars) per month 
for a 48 hour workweek and to $151 (189 dinars) per month for a 40 hour 
workweek. The agricultural daily minimum wage is $5.66 (7 dinars) per 
day for ``specialized'' agricultural workers and $5.94 (7 dinars) per 
day for ``qualified'' agricultural workers. With the addition of 
transportation and family allowances, the minimum wage provided a 
decent standard of living for a worker and family; however, that income 
was only enough to cover essential costs. In addition, the more than 
500,000 workers were employed in the informal sector, which was not 
covered by labor laws.
    Regional labor inspectors were responsible for enforcing standards 
related to hourly wage regulations. They inspected most firms 
approximately once every 2 years. However, the Government often had 
difficulty enforcing the minimum wage law, particularly in non 
unionized sectors of the economy.
    The Labor Code sets a standard 48 hour workweek for most sectors 
and requires one 24 hour rest period per week.
    The Ministry of Social Affairs, Solidarity and Tunisians Abroad had 
responsibility for enforcing health and safety standards in the 
workplace. There were special government regulations covering hazardous 
occupations like mining, petroleum engineering, and construction. 
Working conditions and standards tended to be better in firms that were 
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 could take 
legal action against employers who retaliated against them for 
exercising this right.
    The few foreign workers in the country had the same protections as 
citizen workers.

                               __________

                          UNITED ARAB EMIRATES

    The United Arab Emirates (UAE) is a federation of seven semi-
autonomous emirates. Traditional rule in the emirates generally is 
patriarchal, with political allegiance defined in terms of loyalty to 
the tribal leaders, to the leaders of the individual emirates, and to 
the leaders of the federation. There are no democratically elected 
institutions or political parties. There are no general elections; 
however, citizens may express their concerns directly to their leaders 
through traditional consultative mechanisms, such as the open majlis, 
or council. The seven emirate rulers constitute the 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. On 
November 4, the Council elected Sheikh Khalifa bin Zayed al-Nahyan to 
succeed his late father, Sheikh Zayed bin Sultan al-Nahyan, as head of 
state for a 5-year term. The Constitution requires the Council to meet 
annually, although individual leaders meet 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. The 
Constitution provides for an independent judiciary; however, its 
decisions were subject to review by the political leadership. The 
country was not affected by serious international or internal conflict.
    Each emirate maintains its own police force. The federal Ministry 
of Interior oversees the Police General Directorates in each of the 
seven emirates. While all emirate internal security organs 
theoretically are branches of the federal Ministry of the Interior, in 
practice they operate with considerable autonomy. Each Police General 
Directorate supervises the police stations in that emirate. The 
civilian authorities maintained effective control of the security 
forces. 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, tourism, transportation, and light manufacturing. 
The expatriate population comprises about 85 percent of the estimated 
4.04 million population. Each emirate independently owns local oil and 
gas production, although nearly all of the country's oil and gas 
resources are located in Abu Dhabi. The emirate of Dubai has developed 
into the lower Gulf's leading financial, commercial, transport, and 
tourism center. The 2003 GDP real growth rate was 7 percent. The GDP 
growth rate not including the oil sector was 5.8 percent. Oil price 
increases during the year made a significant contribution to the 
economy. Wage increases in both the private and public sectors were not 
linked to the rate of inflation. The economy provided citizens with a 
high per capita income, but it was heavily dependent on foreign skilled 
and unskilled workers.
    Problems remained in the Government's respect for human rights. 
Citizens do not have the right to change their government. The 
Government restricted freedom of speech and of the press. The press 
practiced self-censorship. The Government restricted free assembly and 
association, and it restricted religious freedom by banning 
proselytizing of Muslims. The Government restricted the rights of 
workers, many of whom were not protected by labor laws. There are no 
labor unions. There were poor working conditions for some laborers, 
failure to pay wages, and abuse of foreign domestic servants in an 
economy in which 98 percent of the private sector workforce is foreign. 
There were no independent human rights organizations. Trafficking in 
women as prostitutes and very young foreign boys as camel jockeys 
continue to be serious problems, despite government pledges to end 
these practices.
                        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 Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture, and there were no 
reports that government officials employed it; however, Shari'a 
(Islamic law) courts sometimes impose flogging sentences on Muslims 
(except in Dubai, where flogging is banned), and on some non-Muslims, 
found guilty of adultery, prostitution, and drug or alcohol abuse. 
There were reports that flogging, when imposed, generally was carried 
out symbolically to prevent major or permanent injuries; however, in 
2003 there was at least one case in Abu Dhabi Emirate of authorities 
using a leather strap to administer the flogging sentence, which left 
substantial bruising, welts, and open wounds on the recipient's body.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. 
However, prison conditions varied widely from emirate to emirate, and 
some rural prisons were overcrowded and had spartan living conditions. 
There were Ministry of Interior reports of prison overcrowding in Abu 
Dhabi and reports by a Dubai prison official of overcrowding in Dubai 
prisons. Noncitizens represented approximately 75 percent of all 
prisoners. Men and women are housed separately. Conditions for women 
were equal to or slightly better than those for men. Pre-trial 
detainees were held separately from convicted criminals before trial. 
Juveniles were held separately from adults. Security prisoners were 
held separately from the general populace, in special sections of the 
regular prisons. Conditions in these sections were not significantly 
different than other parts of the prisons.
    Police in Dubai and Abu Dhabi allow NGOs access to observe prison 
conditions, if requested; however, there were no reports of any 
requests for such visits during the year. Members of religious and 
national communities regularly met with prisoners. Representatives from 
the General Women's Union (GWU), a local organization partially funded 
by the Government, regularly met with female prisoners, helped 
financially, and paid airfare, when necessary, to repatriate 
noncitizens after their release.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions. However, the law permits incommunicado detention, 
and the Government has in the past used it in sensitive criminal cases 
in which the police claim that communication between the accused and a 
third party could jeopardize their investigation. There were no reports 
of incommunicado detention during the year.
    The federal Ministry of Interior oversees the Police General 
Directorates in each of the seven emirates; however, each emirate 
maintains its own police force and supervises the police stations in 
that emirate. While all emirate police forces theoretically are 
branches of the federal Ministry of the Interior, in practice they 
operate with considerable autonomy. Police stations take complaints 
from the public, make arrests, and forward all cases to the Public 
Prosecutor. These cases are then transferred to the courts. All cases 
are filed with the Ministry of Interior. Incidents of police corruption 
are uncommon, and there was no evidence of police impunity during the 
year.
    The Government has taken a number of measures to train the police 
with respect to human rights issues. During the year, Dubai police 
opened Human Rights Care Departments in all Dubai emirate police 
stations. These departments are mandated to protect the human rights of 
both victims and perpetrators of crimes, and to prevent illegal law 
enforcement practices that might be committed against crime suspects.
    In January, Dubai police held a law enforcement training seminar 
focusing on human rights protection, including crime victim protection.
    In April, Dubai police and the U.N. Office of the High Commissioner 
for Human Rights (OHCHR) sponsored the First Regional Arab Police Human 
Rights Training Workshop. The 5-day, 400-delegate workshop covered a 
broad range of human rights issues for participants from 17 countries.
    The Abu Dhabi Police Officers' Training Institute held an Anti-
Trafficking in Persons training symposium in May and a Human Rights 
training symposium for law enforcement personnel in November.
    The law prohibits arrest or search without probable cause, and the 
Government generally observed its provisions. The security forces 
generally obtained warrants.
    Under the Criminal Procedures Code, police must report arrests 
within 48 hours to public prosecutors, who must determine within the 
next 24 hours whether to charge, release, or order further detention 
pending an investigation. Public prosecutors may order that detainees 
be held up to 21 days without charge. In cases of felonies or 
misdemeanors punishable by imprisonment, authorities must obtain court 
orders after 21 days for additional detention. Court-ordered extensions 
may not exceed an additional 30 days of detention without charge. 
Judges may renew this 30-day detention indefinitely. Suspects have the 
right to protest any extensions of their detention periods ordered in 
absentia. An anti-terrorism law passed in July increases the amount of 
time that public prosecutors can hold suspects in terrorism-related 
cases without charge from 21 days to 6 months. Afterward, terrorism 
cases are handled by the Supreme Court, which may extend the detention 
period indefinitely.
    There were complaints from several diplomatic missions that 
authorities did not always notify them when their citizens were 
detained or arrested.
    There is no formal system of bail; however, authorities can release 
detainees temporarily who deposit 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, can be denied release in accordance with the law. 
However, bail usually is permitted after a payment of compensation to 
the victims' families, commonly called ``blood money,'' or diya, which 
is a form of financial penalty imposed on defendants in criminal cases 
involving a killing.
    A defendant is entitled to an attorney only after the police have 
completed their investigation. As a result, police can question accused 
persons sometimes for days or weeks without benefit of legal counsel if 
the Prosecutor General approves.
    There were no reports of political detainees.
    Rulers of the individual emirates regularly pardon prisoners on 
religious and national holidays. Most pardoned foreign nationals were 
deported.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, its decisions were subject to review by 
the political leadership.
    There is a dual system of Shari'a (Islamic) courts for criminal and 
family law matters and civil courts for civil law matters. Civil courts 
generally are part of the federal system, except in the Dubai and Ras 
Al-Khaimah Emirates, and are accountable to the Federal Supreme Court, 
which has 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 have 
their own local and appellate courts, which have jurisdiction over 
matters within their territories that the Constitution or federal 
legislation does not specifically reserve for the federal system. The 
emirates of Dubai and Ras Al-Khaimah do not refer cases in their courts 
to the Federal Supreme Court for judicial review, although they 
maintained a liaison with the federal Ministry of Justice, Islamic 
Affairs, and Endowments.
    Each emirate administers Shari'a courts. In some emirates, these 
courts consider all types of civil and commercial cases as well as 
serious criminal cases and family matters. They act in accordance with 
traditional Islamic law and practice, but also are required to answer 
to the Federal Supreme Court. Dubai has a special Shi'a council to act 
on matters pertaining to Shi'a family law (see Section 5).
    The Constitution provides accused persons the right to a speedy 
trial. This right was invoked most often 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 2 to 3 months, with the exception of more slow-moving drug 
related cases, in which authorities are required to inform the office 
of the ruler for the emirate in which the offense was committed.
    Trials can last more than a year, depending on the seriousness of 
the charges, number of witnesses, and availability of judges. Review of 
criminal cases by the local ruler's court, or diwan, as well as 
bureaucratic delays in processing or releasing prisoners, at times 
resulted in time served beyond the original sentences.
    Many judges were noncitizen Arabs, whose mandates were 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. Between 55 and 60 percent of all judges were 
citizens.
    Legal counsel may represent defendants in both court systems. Under 
the Criminal Procedures Code, the defendant 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 imprisonment of 3 to 15 
years.
    Defendants are presumed innocent. All trials are before judges, not 
juries, and trials are 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 is committed, 
or to the President of the Federation. The Government normally 
negotiates with victims' families, often offering financial 
compensation, or diya, to the victim's families to receive their 
forgiveness and commute death sentences. Eliminating death sentences 
does not affect prisoners' incarceration periods.
    Non-Muslims who are tried for criminal offenses in Shari'a courts 
can receive civil penalties at the discretion of the judge. Shari'a 
penalties imposed on non-Muslims can be overturned or modified by a 
higher court.
    In cases in which a defendant is acquitted, the prosecutor may 
appeal the acquittal to a higher court. The higher court may receive 
additional evidence. The appellate standard for overturning an 
acquittal is ``without the slightest doubt of guilt.''
    The local rulers' diwans, following traditional prerogatives, 
maintain the practice of reviewing many types of criminal and civil 
offenses before cases are referred to the prosecutor's office. The 
diwans may review sentences passed by judges and return cases to the 
court on appeal. The diwans' involvement, which typically occurs when 
the case involves parties from two different emirates or a citizen and 
a noncitizen, can lead to long delays prior to and following the 
judicial process.
    The military has its own court system. Military tribunals try only 
military personnel. There is no separate national security court 
system.
    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 with a warrant and in accordance with 
the law, and the Government generally respected these prohibitions in 
practice. Only police officers and public prosecutors carrying a 
warrant are permitted entry into homes. Officers' actions in searching 
premises are subject to review, and officers are subject to 
disciplinary action if their actions are judged to be irresponsible. 
Local custom and practice place a high value on privacy, and entry into 
private homes without owners' permission is rare. A female police 
officer is required to be present during the search of a private home 
when male family members are absent.
    Authorities do not commonly screen private correspondence; however, 
there have been reports of censorship of incoming international mail. 
The Government-owned Internet provider, Etisalat, regularly blocks 
internet sites determined to be ``objectionable'' (see Section 2.a.).
    Family matters for Muslims are governed by Shari'a law and the 
local Shari'a courts. Muslim women are forbidden to marry non-Muslims. 
In such cases, both parties can be arrested and tried. However, Muslim 
men are free to marry all women ``of the book,'' which means Muslim, 
Christian and Jewish women (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; however, the Government restricted 
these rights in practice. The law prohibits, under penalty of 
imprisonment, criticism of the Government, ruling families, and 
friendly governments, as well as other statements that threaten social 
stability; however, the law was rarely enforced because journalists 
practiced self-censorship.
    Two of the country's newspapers, Al-Ittihad and Al-Bayan, were 
government-owned and one privately owned newspaper, Al-Khaleej, 
received government subsidies. Most privately-owned newspapers no 
longer received government subsidies. The country's largest English- 
and Arabic-language newspapers, Al-Khaleej and Gulf News, were 
privately owned. Newspapers often relied on news agencies for material. 
The government owned Emirates News Agency regularly provided material 
printed verbatim by most newspapers.
    By law, the Ministry of Information licenses all publications. The 
Ministry also approves the appointment of editors. The law governs 
press content and contains a list of proscribed subjects. Government 
officials reportedly warned journalists when they published material 
deemed politically or culturally sensitive. In March, the Minister of 
Education and Youth temporarily banned some reporters from accessing 
the ministry building and speaking with ministry employees because the 
reporters had previously published articles criticizing the performance 
of the Ministry and its officials.
    A de facto ban dating from 2002 prohibiting 10 prominent 
intellectuals from publishing opinion pieces in the country's Arabic 
and English language media continued. In 2002, six academics from Al 
Ain University were also banned from teaching. Some of these academics 
were also among the 10 intellectuals banned from publishing editorials. 
The ban has been lifted on at least two of the individuals, and they 
have returned to writing and teaching. There were no new reports of 
additional banning of university professors or intellectuals from 
giving lectures or from publishing in the newspapers.
    The government-owned Emirates Media, which publishes Al-Ittihad 
newspaper and owns Abu Dhabi's radio and television stations, forbids 
all its employees, including journalists, from speaking with 
representatives of foreign diplomatic missions without prior approval. 
In practice, this rule was not enforced.
    While self-censorship affected what is reported locally, foreign 
journalists and news organizations operating out of the Dubai Media 
Free Zone reported no restrictions on the content of print and 
broadcast material produced for use outside the country.
    Except for those located in Dubai's Media Free Zone, most 
television and radio stations were government-owned and conformed to 
unpublished government reporting guidelines. 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 all imported media and 
banned or censored before distribution material considered 
pornographic, excessively violent, derogatory to Islam, supportive of 
certain Israeli government positions, unduly critical of friendly 
countries, or critical of the Government or ruling families.
    Internet access, which was open to public use with an estimated 
1.11 million users, was provided through a state owned monopoly, 
Etisalat. A proxy server blocked material regarded as pornographic, 
violent, morally offensive, or promoting radical Islamic ideologies, as 
well as anti-government sites. The proxy server occasionally blocked 
individual news stories on news websites such as CNN. The Etisalat 
proxy server provides access to AOL email but blocks other features 
that enable users to chat online, and (according to Etisalat) those 
that facilitate hacking. The Internet monopoly solicits suggestions 
from users regarding ``objectionable'' sites, and at times the 
Government responds by briefly blocking some politically oriented 
sites, which are sometimes later unblocked. Etisalat also blocks 
commercial ``voice chat'' sites on the Internet.
    Academic materials destined for schools were censored. Students 
were banned from reading texts featuring sexuality or pictures of the 
human body.
    Unlike the previous year, the Ministry of Education and Youth did 
not prohibit additional books from school use.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
does not provide for freedom of assembly and association. Organized 
public gatherings require a government permit. In practice, the 
Government does not regularly interfere with informal gatherings held 
without a government permit in public places, unless there are 
complaints.
    During the year, there were approximately 20 widely publicized, 
organized gatherings of workers complaining of unpaid wages and 
unsuitable working conditions before the Ministry of Labor and Social 
Affairs building (see Section 6).
    Citizens normally confined their political discussions to the 
numerous gatherings, or majlises, held in private homes. There were 
many citizen associations subsidized by the Government, organized for 
economic, religious, labor, social, cultural, athletic, and other 
purposes.
    Although the Government does not permit freedom of association 
without prior permission, there were no reports that the Government 
interfered with associations that formed without prior permission.
    There are no political organizations, political parties, 
independent human rights groups, or trade unions (see Sections 3 and 
6.a.). All nongovernmental organizations (NGOs) are required to 
register with the Ministry of Labor and Social Affairs and receive 
subsidies from the Government. There were approximately 100 domestic 
NGOs registered with the Ministry of Labor and Social Affairs. However, 
a number of unregistered local NGOs, focused on a multitude of non-
political topics, operate with little or no government interference. 
The Human Rights Committee of the Jurists Association, a government-
subsidized association of lawyers and judicial personnel, focused on 
local and regional human rights issues. The percentage of citizen 
membership in NGOs varied widely. All private associations, including 
children's clubs, charitable groups, and hobby associations, required 
approval and licensing by local authorities, although this requirement 
was enforced loosely in some emirates (see Section 4).
    Private associations must follow the Government's censorship 
guidelines and receive prior government approval before publishing any 
material. Participation by NGO members in any event outside the country 
is restricted. Participants must obtain government permission before 
attending such events, even if they are not speakers.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion in accordance with established customs; however, there are 
some restrictions on this right in practice. The Federal Constitution 
declares that Islam is the official religion of all seven emirates. 
According to the country's first census in 2001, 76 percent of the 4.04 
million total population was Muslim, 9 percent was Christian, and 15 
percent belonged to other religions.
    The Government controls all Sunni and Shi'a mosques, prohibits 
proselytizing, and restricts the freedom of assembly and association, 
thereby limiting the ability of religious groups without dedicated 
religious buildings to worship and conduct business. The Government 
funded or subsidized the majority of Sunni mosques and employed all 
Sunni imams; approximately 5 percent of Sunni mosques were entirely 
private, and several large mosques have large private endowments. A 
committee of the Ministry of Justice, Islamic Affairs, and Endowments 
drafts and distributes all Friday sermons to Sunni and Shi'a imams. The 
Government monitors all sermons for political content.
    The Government supports a moderate interpretation of Islam. All 
Sunni imams are employees of either individual emirate departments or 
of the Federal Ministry of Justice, Islamic Affairs, and Endowments. 
Dubai's Department of Islamic Affairs and Endowments has approval 
authority over preachers in that emirate's private mosques.
    The Shi'a minority, concentrated in the northern emirates, was free 
to worship and maintain its own mosques. All Shi'a mosques were 
considered private and received no funds from the Government. The 
Government did not appoint sheikhs for Shi'a mosques, but it did 
monitor all sermons closely. Shi'a Muslims in Dubai can pursue Shi'a 
family law cases through a special Shi'a council rather than the 
Shari'a courts.
    Several non-Muslim groups own houses of worship where they can 
practice their religion freely, although the local ruler owns the land. 
Groups that did not have their own buildings were limited in their 
ability to assemble for worship and required to use the facilities of 
other religious organizations or worship in private homes. The police 
or other security forces did not interfere with these gatherings.
    Individual emirates exercised considerable autonomy in religious 
matters. There did not appear to be a formalized method of granting 
official status to religious groups. Facilities for Christian 
congregations were far greater in number and size than those for other 
non-Muslim groups, which significantly outnumber the Christian 
population. There are 24 Christian churches in the country, and 
Christian primary and secondary schools operate in four emirates. There 
are two Sikh temples and one Hindu temple operating in the country, all 
located in Dubai. There are no Buddhist temples; however, Buddhists, 
along with Hindus and Sikhs in cities without temples, conducted 
religious ceremonies in private homes without interference. There are 
only two cremation facilities and associated cemeteries for the large 
Hindu community, one in Dubai and the other in Sharjah. Official 
permission must be obtained to use the facilities in every instance, 
which poses a hardship for the large Hindu community.
    The Government prohibits Muslims from converting to other 
religions. Although non-Muslims in the country are free to practice 
their religion, they are subject to criminal prosecution, imprisonment, 
and deportation if found proselytizing or distributing religious 
literature to Muslims. There is no restriction on proselytizing non-
Muslims. There are no specific laws against missionary activities, and 
there were no reports of authorities revoking residence permits of 
persons suspected of such activities. Missionaries have performed 
humanitarian work since before the country's independence in 1971.
    During the year, the media reported widely on several cases where 
women claimed private sector employment discrimination due to their 
decision to wear the ``hijab'' head covering, considered a religious 
mandate by many Muslim women. Some people called for legal protection 
for female employees who wear the hijab. The Government did not publish 
an official position on the issue by the end of the year.
    For a more detailed discussion, see the 2004 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, and the Government generally 
respected these rights in practice.
    Unrestricted foreign travel and emigration is permitted for male 
citizens, except those involved in legal disputes under adjudication. 
Custom dictates that a husband can bar his wife, minor children, and 
adult unmarried daughters from leaving the country 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 barring 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 for any 
country. Many such persons 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 and their 
descendants who were unable to prove they originated in the country. 
There is no formal procedure for naturalization, although foreign women 
receive citizenship through marriage to a citizen, and anyone may 
receive a passport by presidential fiat. Because naturalized citizens 
were not of the country's original tribal groups, their passports and 
citizenship status may be revoked for criminal or politically 
provocative actions. However, such revocations were rare, and there 
were no reports of such occurrences during the year.
    Children born to all male citizens acquire citizenship at birth. 
The same benefit does not extend to children of female citizens married 
to noncitizens; however, female citizens under these circumstances can 
apply to the Ministry of Presidential Affairs for citizenship for their 
children. Passports are generally issued and citizenship is generally 
received even though there is no provision in the law.
    In July 2003, the Government banned the widespread practice of 
employers forcing foreign national employees to surrender their 
passports as a condition of employment, although enforcement is 
reportedly uneven. This practice had prevented international travel or 
repatriation by foreign national employees without their employers' 
consent, and it had especially affected employees in the resolution of 
employment disputes. Citizens were not restricted in seeking or 
changing employment. However, foreign nationals in most occupations are 
not permitted to change employers without first leaving the country for 
6 months, unless the former employer agrees to waive the requirement 
(see Section 6.e.).
    The Government has not established a system for providing 
protection to refugees who meet the definition in the 1951 U.N. 
Convention Relating to the Status of Refugees or its 1967 Protocol, and 
it is not a party to the Convention or the Protocol. The Government 
does not provide protection against refoulement, or the return of 
persons to a country where they feared persecution. The Government does 
not routinely grant refugee status or asylum.
    Refugees generally are required to petition for settlement in third 
countries. In the past, the Government detained persons seeking refugee 
status, particularly non-Arabs, while they awaited resettlement in 
third countries.
    Last year, there were cases in which the Government indicated its 
intention to force refugee seekers to return home to countries where 
they feared persecution; however, there were no reports that such 
deportations took place before the U.N. High Commissioner for Refugees 
(UNHCR) resettled the refugees in safe countries of transit.
    The Constitution prohibits forced exile, and there were no reported 
cases during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law does not provide citizens with the right to change their 
government peacefully. There are no democratic elections or 
institutions, and citizens do not have the right to form political 
parties.
    Citizens could not freely change the laws that govern them. 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 are allied by historical ties, marriage, or 
common interest, held political and economic power in their respective 
emirates. On November 4, the Federal Supreme Council elected Sheikh 
Khalifa bin Zayed al-Nahyan to succeed his late father, Sheikh Zayed 
bin Sultan al-Nahyan, as head of the state for a 5-year term.
    The rulers appoint the Federal National Council (FNC), a 40-person 
advisory federal consultative body. The 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. The FNC's sessions were usually open to 
the public.
    The ruling families, in consultation with other prominent tribal 
figures, choose new emirate rulers. 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 with a problem or a 
request.
    There were very few women in senior positions. There were no female 
members of the FNC or the judiciary, although the law does not prohibit 
women from serving in these capacities, and several senior Government 
officials have publicly encouraged more female participation in 
governance. In a November Cabinet reshuffle, a prominent businesswoman 
was appointed Minister of Economy and Planning, the first woman to 
serve on the federal Council of Ministers. In Sharjah, there were seven 
women serving on the 40-seat Consultative Council. In no other emirates 
were there women in non-federal senior government positions. Other 
women in senior federal government positions included an undersecretary 
in the Ministry of Labor and Social Affairs and two assistant 
undersecretaries for planning and evaluation in the Ministry of 
Education. The number of women serving in the Ministry of Foreign 
Affairs' diplomatic corps doubled from last year to 40, comprising 
approximately 17 percent of the diplomatic corps. Prior to 2001, women 
were not allowed to serve as diplomats.
    Although the small Shi'a minority enjoyed commercial success, there 
are no Shi'a in top positions in the federal government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no truly independent human rights organizations in the 
country. The only local human rights NGO was the government-subsidized 
Jurists' Association Human Rights Committee, which focused on human 
rights education, and conducted seminars and symposia subject to 
government approval (see Section 2.b.).
    In July, a group of citizens petitioned the Ministry of Labor and 
Social Affairs to approve the registration of an independent human 
rights NGO. The Ministry accepted the application, and the press 
reported widely on the move. Although the Ministry, by its own 
regulation, is required to act on all such applications within 30 days 
of receipt, the group did not receive approval or refusal by the end of 
the year.
    Government officials were cooperative and responsive to some 
international human rights groups that visited the country. In January 
and July, Amnesty International (AI) visited the country and met 
government officials, citizens, and noncitizens.
    Domestic NGOs are required to register with the Government and are 
subject to many regulations and restrictions, particularly those 
regulating the investigating and publishing of their findings. In 
practice, these restrictions, if violated, were often overlooked.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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. 
Muslim women are forbidden to marry non-Muslims (see Section 1.f.). 
Custom dictates that a husband can bar his wife, minor children, and 
adult unmarried daughters from leaving the country. All male citizens 
can pass citizenship to their children at birth, whereas female 
citizens married to noncitizens cannot pass citizenship to their 
children (see Section 2.d.). Migrant workers infected with HIV are 
denied all healthcare benefits, quarantined, and subsequently deported.

    Women.--Shari'a, or Islamic law, governs the personal status of 
women, but civil law governs their activities in the civic and 
commercial sphere.
    Abuse and rape are criminal offenses, and offenders are prosecuted 
and penalized. There were some reported cases of spousal abuse. The law 
protects women from verbal abuse and harassment from men, and violators 
are subject to criminal action. Police units are stationed in major 
public hospitals so that victims of abuse may file complaints, which 
fall under the jurisdiction of the Shari'a courts. In addition, 
attending physicians may call police to interview suspected victims of 
abuse. Social workers and counselors, usually female, also maintained 
offices in public hospitals and police stations. However, women 
sometimes were reluctant to file formal charges for social, cultural, 
and economic reasons. When abuse is reported to local police, 
authorities may take action to protect the complainant. All Dubai 
police departments, and many police departments in other emirates, have 
human rights and social support offices that provide assistance to 
women and children who are victims of abuse. The Government was 
generally effective in enforcing women's rights and protecting women 
from abuse. While abuse against women does exist, it is not considered 
to be a pervasive problem.
    There continued to be credible reports of physical and sexual abuse 
of female domestic servants by some local and foreign employers (see 
Section 6.e.).
    Prostitution is illegal; however, it has become an increasing 
problem in recent years, particularly in Dubai. Substantial numbers of 
women reportedly arrive regularly from the states of the former Soviet 
Union, Africa, South Asia, East Asia, Eastern Europe, other states of 
the Middle East, and most recently China, for temporary stays, during 
which they engage in prostitution and other activities connected to 
organized crime. While some prostitutes were trafficked into the 
country, there was credible evidence that many entered the country 
willingly, for economic reasons.
    While prostitution was widely acknowledged to exist, the Government 
did not address the issue publicly because of societal sensitivities. 
However, during the year, there was an increasing number of press 
reports highlighting the problems of prostitution and human 
trafficking.
    In addition to increased policing and tightened immigration 
procedures, authorities also restricted the number of visas issued to 
single young women from certain countries of concern; however, problems 
continued with more facile access at airports in the northern emirates 
and with airline tourism companies reportedly continuing to obtain 
tourist visas for prostitutes.
    There are no legal prohibitions against women owning their own 
businesses. Women working as doctors, architects, and lawyers typically 
did not face restrictions on licensing their own businesses. The Abu 
Dhabi Chamber of Commerce and the General Women's Union regularly 
conducted programs to encourage small business entrepreneurship by 
women. In April, three women were appointed Board Members of the Dubai 
Chamber of Commerce, marking the first time a woman had been appointed 
to the Board.
    Women who worked outside the home sometimes did not receive equal 
benefits. For example, if a woman and her husband were both employed by 
the Government, both housing allowances would be paid to the husband 
because he is obliged under Shari'a to provide housing for his 
immediate family. The Government provided housing allowances to single 
women and to married women whose husbands were employed in the private 
sector. Women also reportedly faced discrimination in promotion.
    Maternity leave for public sector employees can amount to 6 months. 
However, in November, the Ministry of Education implemented a 
regulation canceling the appointments of teachers who were pregnant. 
Several schools reportedly asked applicants to sign pledges not to 
become pregnant. The unpopular moves sparked protests from teachers and 
community members, and the press printed several editorials criticizing 
the regulation. The Ministry of Education later modified the regulation 
to reduce maternity leave from six months to 45 days for citizen 
teachers, and guaranteed that their jobs would be restored after the 
maternity leave.
    Opportunities for women were growing in government service, 
education, private business, and health services. According to a 
Ministry of Planning report issued in 2003, citizen and noncitizen 
women constituted approximately 22 percent of the national workforce. 
The Government publicly encouraged citizen women to join the workforce 
and ensured public sector employment for all that apply. Women 
comprised the majority of primary and secondary school teachers and 
health care workers, and they accounted for almost half of all 
government workers.
    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 50,000 dirhams ($13,700), 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 legally 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 amount she receives in a property settlement 
with her husband, plus any allowance granted for her and her children's 
maintenance.
    There are no legal restrictions on the travel of women. However, 
custom dictates that a husband can bar his wife, minor children, and 
adult unmarried daughters from leaving the country. When practiced, 
this was commonly accomplished by the husband taking custody of their 
passports (see Section 2.d.). Authorities at exit points generally did 
not enforce this practice without a court order.
    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 any given 
time.
    Divorce is permissible, although often difficult for a woman to 
obtain. A woman may be granted a divorce if she can prove that her 
husband has inflicted physical or moral harm upon her. A woman also may 
sue for divorce if her husband has abandoned her for a minimum of 3 
months, or if he has not maintained the upkeep of her or her children.
    Divorced women normally receive custody of female children until 
the children reach the age of maturity or marry. Divorced women are 
normally granted custody of male children until the age of 13. If the 
court deems the mother to be unfit, custody normally 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.
    Fornication is a crime. 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 prison or place them with a 
relative. In rare cases, children are held in other facilities until 
the mother's release from prison.
    The law prohibits sexual harassment. During the year, the press 
reported incidents of men being arrested and prosecuted for publicly 
sexually harassing women.
    Women constitute nearly 72 percent of university students. 
Coeducation is prohibited in government schools and universities, with 
the one exception of the UAE University Executive MBA Program. In this 
program, men and women, as well as Emirati and expatriate students, 
were allowed to take classes together. The American Universities in 
Dubai and Sharjah, both private institutions, along with the new 
private university campuses being opened in Dubai's Knowledge Village, 
are coeducational as well. Government-sponsored women's centers 
provided adult education and technical training courses. Women are 
actively recruited to work as police officers in airports, immigration 
offices, and in women's prisons. The Dubai Police College also recruits 
women. The armed forces still accept female volunteers and their 
numbers are increasing yearly.
    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 administrations do not employ married women without their 
husbands' written consent.

    Children.--The Government is committed to children's rights and 
welfare, and expends resources on the welfare of child citizens; 
however, noncitizen children receive fewer benefits.
    Male and female children receive free health care and free public 
education through the university level.
    Education is compulsory through the ninth grade. Citizen children 
are required to attend gender-segregated schools through the sixth 
grade, the last grade of primary education, when children can be as 
young as 10 or 11 years old. However, compulsory education was not 
enforced, and some children did not attend school. For the 2003-04 
academic year, the Ministry of Education reported student dropout rates 
as 2.7 percent of the 107,296 primary level students (grades 1-5); 4.0 
percent of the 100,138 middle school students (grades 6-9); and 6.5 
percent of the 67,714 students at the secondary level (grades 10-12). 
The percentage of dropouts for the same year at the 10th grade level 
was 6.0 percent for females and 12.8 percent for males, which was the 
highest rate for any group of students at any level. The Ministry of 
Education lists the primary reasons for secondary-level dropouts as 
truancy, parents' will, and ``others.''
    Housing benefits are also routinely granted to citizens with 
children. Some citizens opted for available government land grants and 
interest-free loans to build their homes. Citizens employed by the 
Government were also eligible to receive higher salaries to support 
their children who are under the age of 18, are unmarried, or have 
disabilities. The Government, through its Marriage Fund, encouraged 
citizens to marry fellow citizens by providing significant funding to 
subsidize dowries and to offset customarily high wedding expenses. The 
media regularly published articles encouraging citizens to have large 
families.
    Noncitizen resident children are not permitted to enroll in public 
schools unless they live in rural areas that lack private schools. Many 
foreign workers in private sector employment received education 
allowances as part of their salary packages. The Government provided an 
annual subsidy of approximately 6000 dirhams ($1600) per family to its 
noncitizen employees for private school tuition for those who do not 
receive the extra salary benefit.
    Child abuse was not prevalent. Trafficking of young, noncitizen 
boys employed as camel jockeys continued to be a serious problem, 
although the Government has pledged to eliminate this practice for boys 
under the age of 15 (see Section 5, Trafficking).

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, although child smuggling, forced prostitution, 
kidnapping, fornication, and pornography are crimes. In practice, 
trafficking in women and girls used as prostitutes and domestic 
servants, men used as servants, laborers, and unskilled workers, and 
very young boys used as camel jockeys, continued to be serious 
problems. The Government has pledged and taken some measures of limited 
effectiveness against these practices.
    A number of reliable sources confirm that young boys were still 
being used as camel jockeys during the year. According to NGO and press 
reports, including one in-depth documentary by HBO's ``Real Sports'' 
program which aired in October, many boys remained subject to extremely 
harsh living and working conditions that, at times, led to serious 
injuries and death. The program alleged that not only were very young 
boys still being used as camel jockeys, but that these boys were 
subjected to physical abuse, including sexual abuse, by their 
supervisors and trainers. While there is no evidence that the camel 
farm owners/employers participated personally in these abuses, there is 
likewise no evidence that the camel farm owners and employers took any 
measures to prevent or stop the abuse occurring on their farms. Further 
reports accused some supervisors of subjecting boys to malnutrition. 
One child was killed in September after falling from a camel during a 
race, and many more children were reportedly injured from camel racing. 
The HBO television documentary highlighted the efforts by the Ansar 
Burney Welfare Trust International (ABWTI), a Pakistan-based human 
rights NGO, which has helped rescue almost 400 children from farms and 
tracks within the country over the past year.
    Until December, camel racing was regulated by the Camel Racing 
Federation, composed of wealthy and influential owners. Camel racing is 
now instead regulated by the Ministry of Interior.
    Regulations by presidential decree prohibit (or ``ban'') the use of 
boys under the age of 15 and less than 45 kilograms (99 pounds) as 
camel jockeys, in an effort to eliminate the trafficking of young boys 
to the country for this purpose. A draft law formalizing these 
regulations was not passed by year's end.
    To enforce the regulations, the Government tightened immigration 
controls and mandated DNA testing for boys with questionable family 
ties suspected to be trafficking victims. The Government requires all 
camel jockeys to undergo medical testing to prove their age and fitness 
level before issuing ID cards, which are required to be displayed by 
all jockeys at racetracks. Police and Camel Racing Federation officials 
reported they regularly conducted inspections at camel races to ensure 
the jockeys met regulations.
    Camel farm owners who are first-time offenders of the child camel 
jockey ban are liable for a fine of 20,000 dirhams ($5,500). Repeat 
offenders can receive a 1-year participatory ban from camel racing. 
Third-time and subsequent offenders receive imprisonment. There were no 
publicly available statistics on prosecutions and fines.
    The Government worked with source country embassies, consulates, 
and NGOs to repatriate some of the boys who were trafficked in the past 
to work as camel jockeys. There are no government statistics available 
to estimate how many underage foreign boys, currently or previously 
working as camel jockeys, remained in the country. ABWTI estimates 
approximately 5,000 boys are still in the country working as camel 
jockeys. Combined, ABWTI, the Government, and the Embassy of Pakistan 
were responsible for, and in many cases collaborated on, the rescue and 
repatriation of at least 400 underage boys during the year.
    In December, the Government opened a shelter and rehabilitation 
center for rescued underage camel jockeys, located on a military 
compound near Abu Dhabi. The center, which is run in coordination with 
human rights activist Ansar Burney, offers the children medical care 
and basic education while awaiting repatriation. Approximately 30 of 
the rescued boys were housed in the shelter by the end of the year.
    There was an increasing number of media reports during the year of 
trafficking in women and girls to the country, especially to Dubai, for 
the purposes of sexual exploitation, although the Government pledged 
and took some measures to eliminate this practice. It was unknown 
whether these measures were effective. Often, women were brought into 
the country with false job offers in the hotel or medical sectors or as 
domestic servants, but upon arrival they were forced into prostitution. 
The traffickers, who almost always were citizens of the victims' home 
countries, reportedly seized their passports and forced them to work as 
prostitutes to repay their travel and living expenses, which quickly 
became unmanageable. However, the women received little or no payment 
for their work, which made it difficult or impossible to repay their 
debts. There were reports that traffickers commonly ``sold'' their 
victims to other traffickers, and the new traffickers held victims 
responsible for paying off the new, higher debt.
    Observers believe that trafficking activity was conducted with the 
complicity of some of the women's citizen sponsors and with noncitizen 
traffickers who were exploiting the sponsorship system to engage in 
illicit activity.
    Law enforcement, particularly in Dubai and Abu Dhabi, investigated 
reports of trafficking. The police in Abu Dhabi and Dubai, and the 
Ministries of Interior, Health, and Justice, all held anti-trafficking 
training courses throughout the year.
    The Government also provided assistance to trafficking victims. 
Counseling services are available in public hospitals and jails. The 
Dubai police sponsored a Crime Victims' Assistance Program, and 
assigned program coordinators in police stations throughout the city.
    In July 2003, the Government banned the widespread practice of 
sponsors forcing workers to surrender their passports as a condition of 
employment. However, the practice reportedly continued to be 
widespread.

    Persons With Disabilities.--There is no federal legislation 
requiring accessibility for persons with disabilities; however, most 
public buildings provided access to disabled persons. There were no 
reported incidents of discrimination against persons with disabilities 
in employment, education, or in the provision of other state services.
    The Ministry of Labor and Social Affairs sponsored six government-
managed physical and mental rehabilitation centers and one employment 
center, which were open only to citizens. The Ministry of Interior also 
operates a training and employment center in Al Ain, which trained 100 
citizens from all emirates, primarily for public sector jobs, during 
the year. In 2003, individuals, associations, and local governments 
created 17 additional centers. The Government of Dubai emirate opened a 
training center during the year to build professional skills, including 
English language and computer skills, for the visually impaired.
    Other rehabilitation centers were partially owned by the Government 
or were maintained by charity associations. There was also a 
significant amount of nongovernmental financial assistance, services, 
and emotional support to citizens with disabilities.
    One percent of all jobs in the federal government are reserved for 
persons with disabilities.

    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, social 
interaction, and healthcare. Employment, immigration, and security 
policies, as well as cultural attitudes towards noncitizens, who 
comprised approximately 85 percent of the national population, were 
conditioned by national origin.
    More than 50 percent of foreign workers were estimated to have come 
from the Indian subcontinent. Noncitizens are denied access to many 
free or reduced-cost services provided by the Government to citizens, 
including child and adult education, health care, housing, and social 
and recreational club memberships. While citizens who contact HIV are 
afforded full, continuous, and free healthcare, noncitizen migrant 
workers who contract the same disease are denied healthcare and 
deported. In December, the local press reported that the Ministry of 
Health would offer a health insurance plan for citizens and expatriates 
that would give them coverage in all private and public health 
facilities. Coverage programs were not implemented by the end of the 
year.

    Other Societal Abuses and Discrimination.--Both civil and Shari'a 
law criminalize homosexual activity. In practice, reports of 
governmental or societal discrimination against individuals based on 
sexual orientation are uncommon.
Section 6. Worker Rights
    a. The Right of Association.--The law does not specifically entitle 
or prohibit workers from forming or joining unions; however, if they 
existed, unions would be subject to general restrictions on the right 
of association.
    Since 1995, the country has been suspended from the U.S. Overseas 
Private Investment Corporation (OPIC) insurance programs because of the 
Government's non-compliance with some internationally recognized worker 
rights standards.

    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. 
The Government granted some professional associations limited freedom 
to raise work-related concerns, to lobby the Government for redress, 
and to file grievances with the Government.
    The labor law does not address the right to strike; however, 
Ministry of Labor officials have said that the law does not forbid 
strikes, and if laborers feel they are denied their rights, they can 
stop working. In that case, such workers would be subject to 
deportation for breach of contract. There were no reports of groups of 
workers being deported for striking. In practice, there were numerous 
strikes by private sector employees in addition to organized gatherings 
of workers who complained of unpaid wages and hazardous or unfair 
working conditions to the Ministry of Labor and Social Affairs. The 
Government prohibits strikes by public sector employees on national 
security grounds.
    The Ministry of Labor (MOL) reviews employment contracts for 
workers in the industrial and service sectors to ensure compliance with 
the labor laws.
    The MOL distributed information to foreign workers outlining their 
rights under the labor law and how to pursue labor disputes, whether 
individually or collectively. Employees may file individual or 
collective employment dispute complaints with the Ministry of Labor, 
which serves as the mediator between the parties. If the dispute 
remains unresolved, the employee may file a complaint with the labor 
court system. In a collective work dispute concerning a subject of 
interest to a group in an establishment, trade, vocation or in a 
certain vocational sector, employees or employers may file complaints 
with the Ministry of Labor if they are unable to settle such disputes 
amicably. The labor law gives the MOL 2 weeks to resolve the dispute or 
refer it to courts. In practice, it generally takes a month or more for 
this to happen. If the Ministry of Labor is unable to mediate a 
settlement within 10 business days, the complaint is to be submitted to 
a Conciliation Committee for mediation. Either the employee or employer 
can appeal the Conciliation Committee's decision to a Supreme Committee 
of Conciliation, whose decision, while final, is only enforceable if 
both parties agree to the decision. Either party can, at any time in 
the process, ask that their dispute be referred to the Court of First 
Instance.
    The labor law does not cover, and therefore does not protect, 
government employees, domestic servants, and agricultural workers; 
however, a Civil Service Law covers government employees. The Ministry 
of Interior's Naturalization and Residency Administration mandated use 
of standard contracts for noncitizen domestic servants, clearly listing 
the salary, work requirements, and duration of employment. Domestic 
workers may bring work-related disputes to conciliation committees 
organized by the Ministry of Interior or to the Court of First 
Instance, and most disputes between employers and domestic servants are 
settled by the Ministry of the Interior.
    Domestic servants and agricultural workers have historically faced 
considerable difficulty in negotiating employment contracts because the 
mandatory requirements contained in the labor law do not apply. They 
also faced considerable difficulty in obtaining assistance to resolve 
disputes with their employers. The law ties workers' residency 
permission to their sponsorship by their employer. Moreover, most 
employment contracts stipulate that for 6 months after the end of 
employment, the employee is forbidden from working for a 
``competitor,'' unless the former employee obtains a letter of ``no 
objection'' from the former employer. This regulation has been widely 
used to restrict foreign worker labor mobility inside the country. Some 
professional-level workers, such as doctors, engineers, and 
consultants, are allowed to switch employers without leaving the 
country.
    In 2003, the Ministry of Labor and Social Affairs increased the 
number of inspectors from 48 to 60 and, for the first time, enabled 
them to fine violators.
    Businesses in free trade zones must comply with federal labor law; 
however, the Ministry of Labor did not regulate them. Instead, each 
free trade zone maintains its own labor department to address workers' 
concerns.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor for both adults and children; however, 
employment agents continued to bring some foreign workers to the 
country to work under forced or compulsory conditions. Women were 
brought to the country under false promises of legitimate employment 
and were instead forced into prostitution (see Section 5). Low-paid 
unskilled and semi-skilled workers were also victims of contract 
switching.
    The law prohibits forced or compulsory child labor, and the 
Government generally enforced this prohibition effectively, except in 
the cases of child camel jockeys (see Sections 4, 5, and 6.d.).

    d. Prohibition of Child Labor 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 
Ministry of Labor and Social Affairs is responsible for enforcing the 
regulations. The Government does not issue work permits for foreign 
workers under the age of 18 years. Child labor was not tolerated, with 
the exception of child camel jockeys (see Sections 4, 5, and 6.c.).

    e. Acceptable Conditions of Work.--Noncitizens comprised 
approximately 98 percent of the private sector workforce. The country 
was a destination for a large number of unskilled workers, including up 
to 300,000 domestic servants, most of them women from South and East 
Asia, and a much larger number of unskilled male workers, mostly from 
South Asia. These unskilled laborers actively competed for jobs in the 
country and in other Gulf countries, and they were sometimes subject to 
poor working conditions. Female domestic servants sometimes faced 
abusive working conditions.
    The standard workday is 8 hours per day, and the standard workweek 
is 6 days per week; however, these standards were not strictly 
enforced. Domestic servants and agricultural workers were not covered 
by the labor law and were often obliged to work longer than the 
mandated standard. According to the Ministry of Labor and the labor 
law, employees are entitled 2 days of annual leave per month after 
finishing six months on the job, up until that person passes the 1-year 
mark, after which the employee is entitled to 30 calendar days of 
annual leave in addition to national holidays.
    There is no minimum wage. Salaries depended on the occupation and 
employer and ranged from 400 dirhams ($109) per month for domestic or 
agricultural workers to 600 dirhams ($164) per month for construction 
workers to much higher salaries for highly skilled and white-collar 
employees. Compensation packages generally provided housing or housing 
allowances. However, low-skilled employees were often provided with 
substandard living conditions, including overcrowded apartments or 
lodging in unsafe and unhygienic ``labor camps,'' lack of electricity, 
lack of potable water, and lack of adequate cooking and bathing 
facilities. In addition, other benefits, such as food, homeward passage 
or health cards for minimal to no-cost healthcare were often provided 
for employees by their employers. Some low-paid workers did not receive 
these benefits, even if stipulated in their contracts. Local newspapers 
detailed numerous cases of non-payment of wages to foreign workers, but 
also reported the Ministry of Labor blacklisted nearly 1,100 firms in 
the first 7 months of the year in Dubai and the northern Emirates, for 
violating the labor law, particularly for failing to pay salaries, 
employing workers who are sponsored by others, or providing substandard 
living or working conditions.
    The Ministry of Labor and Social Affairs reviews labor contracts 
and does not approve any that stipulate substandard wages.
    Most foreign workers do not earn the minimum salary required to 
obtain residency permits for their families. The Government wishes to 
ensure that accompanying families are supported adequately. 
Accordingly, the required monthly minimum salary to permit accompanying 
families is 3,924 dirhams ($1,090), or 2,941 dirhams ($817) per month 
when housing or an additional housing allowance is provided.
    The law requires that employers provide employees with a safe work 
environment. Local medical experts recommend that it is inadvisable for 
laborers to work outdoors when the temperature exceeds 40 degrees 
Celsius, and that employers provide safety helmets and adjust work 
hours to reduce exposure to the sun. However, there were numerous press 
reports that workers were required to work without such safety measures 
in temperatures of 50 degrees Celsius and higher. Workers often 
complained that employers did not provide water, shade, or break 
periods for outdoor laborers working in the summer heat, and often 
laborers' cramped living accommodations did not include air 
conditioning. According to press reports, as many as 80 laborers per 
day were treated for heat stroke in hospital emergency rooms in the 
summer.
    The Ministry of Labor received 11,424 complaints involving 16,424 
laborers during the year. The majority of complaints concerned unpaid 
wages. The media reported an estimate by unidentified municipal sources 
of a 61 percent increase in construction site accidents during the 
year, rising to 149 accidents.
    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 can force employers to reinstate 
workers who were dismissed for refusing to perform unsafe work. Injured 
workers are entitled to fair compensation, and all workers have the 
right to lodge labor-related grievances with the Ministry of Labor, 
which mediates the dispute between the parties. Either party has the 
right to end mediation at any time and have their complaint referred to 
the Court of First Instance. Workers, particularly unskilled workers, 
in dispute with their employers over unpaid wages, generally agree to a 
mediated settlement for less money than they are owed to avoid a 
protracted court battle. However, workers in disputes with employers 
generally do not take action due to fear of reprisals, including 
withdrawal of sponsorship or deportation.
    There were reports that some employers abused domestic workers. 
Allegations included excessive work hours, nonpayment of wages, verbal, 
physical, and sexual abuse, and restriction of movement. Domestic 
workers may file complaints with the Ministry of Interior or go to 
court. During the year, the Ministry of Interior took action against 
hundreds of employers who abused or failed to pay their domestic 
employees. According to new regulations, ministry officials can ban an 
employer from further sponsorship of domestic employees after receiving 
four reports of abuse.
    Sponsorship and residency laws do not permit most foreign national 
employees to change employers. Employers historically have held their 
employees' passports, thus preventing them from leaving the country 
without prior permission. In 2003, the Federal Supreme Court ruled that 
employers could not legally withhold employees' passports because they 
were personal documents (see Section 5). The Ministry of Labor 
distributed pamphlets to foreign workers advising them to report 
employers who violated this regulation. However, there were reports 
that, in many cases, the law did not have a practical impact on either 
the private or public sectors, and withholding passports from employees 
still occurred.
    When employees leave their work without a valid reason before the 
expiration of the contract from a limited period, they may not, even 
with the employer's consent, take up other employment for 1 year from 
the date on which they left their work. The Ministry of Labor is the 
concerned authority for enforcing this rule (see Section 2.d.).
    Employers did not always follow laws regarding the sponsorship of 
foreign employees. Under these regulations, a company that has one or 
more employees with an expired work permit will be barred from 
employing new staff. However, the rule was not enforced consistently.
    A law enacted in 2003 requires all foreign workers seeking jobs in 
the private sector to have at least a high school certificate or 
equivalent degree. Arabs and construction, agricultural, and domestic 
workers were exempt from the law.
    The Government enforced health and safety standards and required 
every large industrial enterprise to employ a certified occupational 
safety officer; however, these standards were reportedly not observed 
uniformly.
    There were no reports of citizens who were involuntarily 
transferred, retired, or terminated from government employment sectors, 
including universities, due to their political affiliations or 
opinions.

                               __________

                                 YEMEN

    Yemen is a republic with an active bicameral legislature composed 
of an elected 301 seat House of Representatives (Majlis Al Nuwaab) and 
an appointed 111 member Consultative Council (Majlis Al Shura). 
President Ali Abdullah Saleh is the leader of the ruling party, the 
General People's Congress (GPC), which dominates the Government. The 
Constitution provides that the President be elected by popular vote 
from among at least two candidates endorsed by Parliament. In 1999, 
President Saleh was directly elected in a popular vote to another 5 
year term, amended in a 2001 referendum to a 7 year term. A competitive 
candidate did not oppose the President because his sole opponent was a 
member of the ruling GPC. In April 2003 parliamentary elections, the 
GPC maintained an absolute majority. International observers judged 
elections to be generally free and fair, although there were problems 
with underage voting, confiscation of ballot boxes, voter intimidation, 
and election related violence. The Parliament was not an effective 
counterweight to executive authority, although it increasingly 
demonstrated independence from the Government. The head of the leading 
opposition party, Islah, led the elected House of Representatives, 
which effectively blocked some legislation favored by the Executive. 
Effective political power rested with the executive branch, 
particularly the President. The Constitution provides for an 
``autonomous'' judiciary and independent judges; however, the judiciary 
was weak, and corruption and executive branch interference severely 
hampered its independence.
    The primary state security and intelligence gathering apparatus is 
the Political Security Organization (PSO), which reports directly to 
the President. In 2002, the government formed a new organization, the 
National Security Bureau (NSB), which also reports directly to the 
President's office. The NSB is still carving out its responsibilities, 
many of which appear to overlap with the PSO; however, its duties were 
not clearly delineated at year's end. The Criminal Investigative 
Department (CID) of the police reports to the Ministry of Interior and 
conducts most criminal investigations and 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. Members of the PSO and MOI 
police forces committed serious human rights abuses, including police 
beatings, arbitrary arrests, and detentions without charge.
    The country had a population of approximately 20 million; more than 
40 percent of the population lived in poverty, and the estimated 
unemployment rate was 37 percent. The country's illiteracy rate was 50 
percent, with 67.5 percent illiteracy among women. The country's market 
based economy remained impeded by government interference and 
corruption. The economy was mixed with a GDP growth rate of 2.8 
percent. Oil and remittances from workers in other Arabian Peninsula 
states were the primary sources of foreign exchange. Foreign aid was an 
important source of income.
    The Government's human rights record remained poor, and the 
Government continued to commit numerous abuses. There were limitations 
on citizens' ability to change their government. Security forces 
arbitrarily continued to arrest, detain, and torture persons. In many 
cases, the Government failed to hold members of the security forces 
accountable for abuses, although the number of officials in the PSO and 
MOI police forces tried for abuses increased for a second consecutive 
year. Prison conditions remained poor, although the Government took 
some steps to alleviate the situation. Despite constitutional 
constraints, PSO and MOI police officers routinely monitored citizens' 
activities, searched their homes, detained citizens for questioning, 
and mistreated detainees. Prolonged pretrial detention, judicial 
corruption, and executive interference undermined due process. During 
the year, there was a marked increase in limits on freedom of speech 
and of the press. The Government increased its harassment of 
journalists. The Government imposed some limits on freedom of movement.
    Violence and discrimination against women remained problems. There 
was some discrimination against persons with disabilities and against 
religious, racial, and ethnic minorities. Child labor remained a common 
problem. The Government imposed restrictions on labor unions.
                        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 
politically motivated killings by the Government or its agents; 
however, there were a few reports that security forces killed or 
injured persons whom they were apprehending, and believed were engaging 
in criminal activity, or were resisting arrest.
    In June, the Government used military force against an armed 
rebellion in the northern governorate of Saada. The rebellion was led 
by Shi'ite cleric Hussein Badr Eddine Al Houthi, founder of the 
``Shabab al Moumineen'' (The Believing Youth). Numerous cease fires and 
mediation attempts failed to end the conflict. On September 10, the 
Government announced that Al Houthi had been killed in combat. The 
Government prevented the media from fully conveying the extent of 
casualties on both sides, as well as the collateral damage. Estimates 
of civilian deaths ranged from 500 to 1,000, according to Amnesty 
International (AI). Opposition media and political leaders claimed the 
Government used excessive force in suppressing the rebellion. Some Al 
Houthi supporters captured during the conflict remained in detention at 
year's end (see Section 1.d).
    In April 2003, election related violence resulted in three 
documented deaths (see Section 3). There were no reports of arrests in 
relation to this violence.
    Tribal violence resulted in a number of killings and other abuses, 
and the Government's ability to control tribal elements remained 
limited (see Section 5). In several cases, long standing tribal 
disputes were resolved through government supported mediation by 
nongovernmental actors (see Section 4). Fatal shootings and violence 
continued during the year. In most cases, it was impossible to 
determine the perpetrator or the motive, and there were no claims of 
responsibility. Although a few may have had criminal, religious, or 
political motives, most appeared to be cases of tribal revenge or land 
disputes.
    On July 7, the trial of six suspects in the 2000 bombing of the USS 
Cole began, and observers judged it to be fair (see Section 1.e.). Two 
defendants received death sentences, while the other four received 
prison terms ranging from 5 to 10 years.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Unlike in the past, during the year, there was only one incident in 
which a tribe used kidnapping to bring their political and economic 
concerns to the attention of the Government. The kidnappers demanded 
jobs for fellow tribesman; all three foreigners were released in August 
after several hours. There were no arrests or punishments. There were 
several known instances of carjacking during the year, most perpetrated 
by economically motivated tribal elements.

    c. Torture and other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were reports that members of the PSO and MOI police forces tortured and 
abused persons in detention. There were also reports that authorities 
used force during interrogations, especially against those arrested for 
violent crimes.
    The Government acknowledged publicly that torture occurred; 
however, it claimed that torture was not official policy. Most 
observers reported that both the instances and severity of torture in 
PSO and Ministry of the Interior prisons have declined; however, there 
were reports the PSO increased its use of nonphysical indicator abuse 
such as sleep deprivation, cold water, and threats of sexual assaults. 
There were reports that the CID routinely used torture in order to 
obtain confessions.
    Illiteracy, lack of training among police, PSO and MOI forces, 
corruption, and pressure from superiors to produce convictions also 
played a role in the undue use of force. The immunity of all public 
employees from prosecution for crimes allegedly committed while on duty 
hindered accountability. The Government has taken some effective steps 
to end torture and to punish those who commit such abuses. In 1998, the 
use of leg irons and shackles in confinement was outlawed. This was 
adhered to in most MOI run prisons in the past year.
    During the year, approximately 54 police officials were disciplined 
or tried for abuses. All received sentences ranging from 20 days to 
more than 10 years imprisonment for physical attacks during 
investigations, shootings, accidental and intentional killings, fraud, 
and extortion. Seven members of the police force in Taiz were 
undergoing trial for the severe torture of a juvenile murder suspect in 
2002. The case was suspended in October after the defendants failed to 
appear for court. At year's end, the defendants remained at large, and 
there was further action in the case.
    The Constitution may be interpreted as permitting amputations, in 
accordance with Shari'a (Islamic law), and physical punishment such as 
flogging for some crimes. There were no reports of amputations or 
floggings during the year.
    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, and the Government permitted limited visits by 
independent human rights observers. The Government allowed limited 
access to detention facilities by parliamentarians and some 
nongovernmental organizations (NGOs).
    Prisons were extremely overcrowded, sanitary conditions were poor, 
and food and health care were inadequate to nonexistent. Prison 
authorities often exacted bribes from prisoners to obtain privileges, 
or refused to release prisoners who completed their sentences until 
family members paid a bribe. In some cases, authorities arrested 
without charge and held refugees, persons with mental disabilities, and 
illegal immigrants in prisons with common criminals.
    Women were held separately from men, and conditions were equally 
poor in women's prisons. By custom, young children and babies born in 
prison were likely to be incarcerated along with their mothers. At 
times, male police and prison officials subjected female prisoners to 
sexual harassment and violent interrogation. Local tradition requires 
male relatives 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. 
Security and political prisoners generally were also held in separate 
facilities operated by the PSO.
    Children were held in separate facilities from adults. Pretrial 
detainees were also held in separate facilities in major urban areas.
    Unauthorized ``private'' prisons, in rural areas controlled by 
tribes, remained a problem. Tribal leaders misused the prison system by 
placing ``problem'' tribesmen in ``private'' jails, either to punish 
them for noncriminal indiscretions or to protect them from retaliation. 
At times, such prisons were simply rooms 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. Although senior 
officials did not sanction these prisons, there were credible reports 
of the existence of private prisons in government installations. During 
the year, modest efforts by the Ministry of Interior and Ministry of 
Human Rights continued to implement directives intended to align the 
country's arrest, interrogation, and detention procedures more closely 
with international standards.
    Persons with mental illness who had committed crimes were 
imprisoned in conditions without adequate medical care. In some 
instances, authorities arrested without charge persons with mental 
illness and placed them in prisons with criminals. In August, the 
Government acknowledged this problem to the International Committee of 
the Red Cross (ICRC), and committed to rectify the situation. There was 
no further action made by the Government by year's end.
    In July 2003, the President declared the release of mentally 
disturbed prisoners into the custody of mental institutions. Despite 
the national Red Crescent's attempt to build and staff adequate and 
separate detention facilities for prisoners with mental illness, there 
were not enough mental institutions at year's end.
    Access to detainees held by the PSO was limited. Requests for 
access by parliamentarians were routinely denied. In June, the ICRC 
suspended a second round of visitations citing a lack of understanding 
of its universally applied procedures. The ICRC was still working on 
understandings of protocols for access to PSO prisons at year's end. 
The ICRC reported that after an October 30 meeting, the Ministry of 
Interior demonstrated a clearer understanding of its protocols that 
allowed for greater access to the Ministry's prisons.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, the Government generally did not observe 
these prohibitions. Enforcement of the law was irregular and in some 
cases nonexistent, particularly in cases involving security offenses. 
The CID reports to the Ministry of Interior and conducts most criminal 
investigations and arrests. The CSO, also a part of the Ministry of 
Interior, maintains a paramilitary force. Corruption was a problem. 
There was no official government response to or investigations of 
police corruption during the year.
    There were reports that some police stations maintained an 
``Internal Affairs'' section commissioned to investigate abuses, and 
that any citizen has the right to raise an abuse case with the 
Prosecutor's office commissioned to investigate cases. Enforcement of 
the law and effective investigations were irregular due to weak 
government power in tribal areas and lack of resources. Fifty four 
police officials were prosecuted for abuses (see Section 1.c.).
    According to the law, individuals cannot be arrested, unless caught 
in the act or served with a summons. 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. The law stipulates that a detainee may not be 
held longer than 7 days without a court order. Despite these 
constitutional and other legal provisions, arbitrary arrest and 
prolonged detention without charge remained common practices.
    The law prohibits incommunicado detentions and provides detainees 
with the right to inform their families of their arrests, and to 
decline answering questions without an attorney present. The Government 
must provide attorneys for indigent detainees; however, in practice, 
this did not always occur. Almost all rural cases are settled out of 
court with tribal mediators. There are provisions for bail; however, 
many authorities abided by these provisions only if bribed.
    There were reports that an unknown number of supporters of the 
rebel Shi'ite cleric Al Houthi remained in detention. According to 
Amnesty International (AI), security forces conducted mass arrests in 
Sa'da Province, as a result of the June conflict. AI reported that 
those arrested have been detained incommunicado. There were no trials 
held by year's end.
    Citizens regularly claimed that security officials did not observe 
due process procedures when arresting and detaining suspects. There 
were also 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.). Members of security forces continued to arrest and detain 
citizens for varying periods of time without charge or notification to 
their families. Detainees were often unaware of which agency was 
investigating them, and the agencies themselves frequently complicated 
the situation by unofficially transferring custodial authority of 
individuals. In some cases where a criminal suspect was at large, 
security forces detained a relative while the suspect was being sought 
(see Section 1.f.).
    The Government failed to ensure that detainees and prisoners were 
incarcerated only in authorized detention facilities. The Ministry of 
Interior and the PSO operated extrajudicial detention facilities. 
Unauthorized private prisons also existed (see Section 1.c.).
    A large percentage of the total prison population consisted of 
pretrial detainees, some of whom have been imprisoned for years without 
charge.
    Some government inspection missions and local human rights groups 
helped secure the release of a few persons held without charge; 
however, in some instances, the Government did not investigate or 
resolve these cases adequately.
    Throughout the year, the Government sponsored ideological 
dialogues, led by Islamic scholars, to attempt to release detainees in 
exchange for repentance of past extremism, denunciation of terrorism, 
commitments to obey the laws and Government, respect non Muslims, and 
refrain from attacking foreign interests. Such efforts had limited 
success.
    During the year, the Government continued to detain suspects, 
accused of links to terrorism. The Government did not publish numbers 
of detainees held under suspicion of terrorist affiliations or 
activities; however, estimates ranged between 200 and 400 individuals.
    In November, the President released approximately 120 security 
detainees in honor of Ramadan. The prisoners were released for good 
behavior and had either completed or nearly completed sentences. All 
participated in the ideological dialogues.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
``autonomous'' judiciary and independent judges; however, the judiciary 
was weak and severely hampered by corruption and executive branch 
interference. The executive branch appoints judges, removable at the 
executive's discretion. There were reports that some judges were 
harassed, reassigned, or removed from office following rulings against 
the Government. Many litigants maintained, and the Government 
acknowledged, that a judge's social ties and occasional bribery 
influenced the verdict more than the law or the facts.
    On December 22, President Saleh announced new directives to bring 
about judicial reform and the Supreme Judicial Council (SJC), an 
executive branch council tasked with managing the judiciary, dismissed 
22 judges for corruption. The SJC also designated 8 judges for 
investigation of ``alleged violations committed in the course of their 
work,'' and forced 108 judges into retirement. Many judges were poorly 
trained; some, closely associated with the Government, often rendered 
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 are five types of courts: criminal; civil and personal status 
(covering cases such as kidnapping, carjacking, attacking oil 
pipelines, and other acts of banditry and sabotage); commercial; and 
court martial. In recent years, other limited jurisdiction courts have 
been established under executive authority such as a juvenile and 
public funds court. The judicial system is organized in a three tiered 
court structure. At the base are the Courts of First Instance, which 
are broadly empowered to hear all manner of civil, criminal, 
commercial, and family matters. A single judge may hear a case in these 
courts. Decision taken in the Courts of First Instance may be appealed 
to the Courts of Appeal, of which there is one in each province and one 
in the capital. Each Court of Appeal includes separate divisions for 
criminal, military, civil, and family issues. Each division is composed 
of three judges. Above the Court of Appeals is the Supreme Court.
    The Supreme Court, the highest court, is empowered to settle 
jurisdictional disputes between different courts, hear cases brought 
against high government officials, and serve as the final court of 
appeal for all lower court decisions. The Supreme Court has eight 
separate divisions: constitutional (composed of seven judges including 
the Chief Justice); appeals' scrutiny; criminal; military; civil; 
family; commercial; and administrative. The Supreme Court has special 
panels empowered with determining the constitutionality of laws and 
regulations.
    In addition to the regular hierarchy of courts, there are courts 
for military, juvenile, tax, customs, and labor matters, whose 
decisions may be appealed to the Courts of Appeal.
    All laws are based on a mixture of old Egyptian laws, Napoleonic 
tradition, and Shari'a. There are no jury trials. Judges, who play an 
active role in questioning witnesses and the accused, adjudicate 
criminal cases. By law, the Government must provide attorneys for 
indigent defendants in high crime (felony) cases; however, in practice, 
this did not always occur. By law, prosecutors are a part of the 
judiciary and independent of the Government; however, prosecutors also 
have a role in investigating criminal cases. The police are generally 
weak and play a limited role in developing cases.
    The accused are considered innocent until proven guilty. Defense 
attorneys are allowed to counsel their clients, address the court, and 
examine witnesses and any relevant evidence. All defendants, including 
women and minorities, have the right to appeal their sentences. Trials 
were generally public; however, all courts may conduct closed sessions 
``for reasons of public security or morals.'' Foreign litigants in 
commercial disputes complained of biased rulings.
    In addition to regular courts, there is a system of tribal 
adjudication for noncriminal issues; however, in practice, tribal 
``judges'' often adjudicate criminal cases as well. The results carry 
the same if not greater weight as court judgments. Persons jailed under 
the tribal system usually are not charged formally with a crime, but 
stand publicly accused of their transgression.
    A special court exists to try persons charged with kidnapping, 
carjacking, attacking oil pipelines, and other acts considered to be of 
``public danger'' such as banditry and sabotage (see Section 1.b.). 
This court provides the defendants with the same rights provided in the 
regular courts. It is more efficient and takes better care to enforce 
those rights than regular courts. There are no military or security 
tribunals that try civilians.
    The Government continued modest judicial reform efforts. During the 
year, the Ministry of Justice conducted conferences around the country 
to strengthen the reform process. Some improvements included an 
increase in judges' salaries, an increase in the Ministry's budget, 
participation of judges in workshops, and study tours conducted by 
foreign judicial officials.
    There were no reports of prosecutors being dismissed for violating 
the law. The security services continued to arrest, charge, and submit 
cases to the prosecutor's office to try persons alleged to be linked to 
various shootings, explosions, and other acts of violence. Citizens and 
human rights groups alleged that the security forces and judiciary did 
not observe due process in most cases.
    On May 29, the trial began of 15 suspects accused of Al Qa'ida 
connections and involvement in 5 terrorist incidents including a plot 
to assassinate a foreign ambassador and attack foreign embassies. 
Defendants claimed that they were not allowed full access to the 
prosecution's evidence. Observers concluded that the trial was 
conducted according to the law and was generally fair. Sentences ranged 
from death in one case to 5 to 10 years for others. The Appeals court 
heard arguments of all the defendants in the case, but no decisions 
were rendered by year's end.
    On July 7, the Government opened its case against six suspects in 
the 2000 bombing of the USS Cole in Aden. Despite defense claims to the 
contrary, observers evaluated the conduct of the trial as generally 
fair. At year's end, defendants in the case had submitted their cases 
to the Appeals court, which did not render a decision.
    The Government continued to maintain that Abdulkarim Al Khaiwani 
was not a political prisoner since he was convicted lawfully in 
September for violations of the press law and treason (see Section 
2.a.). The Government has allowed limited access to him by various NGO 
groups. Several hundred armed supporters of the Al Houthi rebellion 
were captured and imprisoned during and shortly after the fighting in 
Saada. Most were released after participation in the ideological 
dialogues led by Islamic scholars (see Section 1.d.). On October 10, 
Judge Mohammed Luqman was sentenced to ten years in prison for sedition 
and fanning sectarian discord. Luqman had publicly opposed the 
Government's action in Saada against cleric Hussein al Houthi (see 
Section 2.a.).

    f. Arbitrary Interference With Privacy, Family, Home or 
Correspondence.--The Constitution prohibits interference with privacy; 
however, PSO and MOI police 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. PSO and MOI police 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 blocked some sexually explicit websites and some 
politically oriented sites (see Section 2.a.). The Government claimed 
that it did not monitor Internet usage; however, security authorities 
in the PSO reportedly read private e mail messages.
    The law prohibits arrests or the serving of a subpoena between the 
hours of sundown and dawn; however, there were reports, in some 
instances, that persons suspected of crimes were taken from their homes 
without warrants in the middle of the night. In some cases where a 
criminal suspect was at large, security forces detained a relative 
while the suspect was being sought. Detention of the family member 
continued while the concerned families negotiated compensation for the 
alleged wrongdoing. Arbitration and mediation by families, tribesmen, 
and other nongovernmental interlocutors was commonly used to settle 
such cases.
    No citizen may marry a foreigner without permission from the 
Ministry of Interior (see Section 5). This regulation does not carry 
the force of law, and appears to be enforced irregularly.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--The 10 week Saada rebellion ended on 
September 10, following the death of the rebel cleric, Badr Eddine Al 
Houthi. According to media estimates, more than 600 persons were 
killed; however, the actual number of civilians killed was unknown. 
There were reports that rebel prisoners were held in incommunicado 
detention (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 ``within the limits of the law''; 
however, the Government did not respect these rights in practice. The 
country's security apparatus, including the newly formed NSB, often 
threatened and harassed journalists to influence press coverage. 
Although most citizens were uninhibited in their private discussions of 
domestic and foreign policies, they generally were cautious in public, 
fearing harassment for criticism of the Government. The 1990 Press and 
Publication Law criminalizes ``the criticism of the person of the head 
of state . . . [that] does not necessarily apply to constructive 
criticism,'' the publication of ``false information'' that may spread 
``chaos and confusion in the country,'' and ``false stories intended to 
damage Arab and friendly countries or their relations'' with the 
country.
    The Ministry of Information influenced the media through its 
control of printing presses, subsidies to certain newspapers, and its 
ownership of the country's sole television and radio outlets. Few 
newspapers owned their own presses. There are 6 government controlled, 
19 independent, and 14 party affiliated newspapers. There are 
approximately 80 magazines of which 50 percent are private, 30 percent 
are government controlled, and 20 percent are party affiliated. The 
Government selected the items to be covered in news broadcasts, and it 
often did not permit broadcasts critical of the Government. The 
Government televised parliamentary debates, but edited them selectively 
to remove criticism.
    Press Law regulations specify that newspapers and magazines must 
apply annually to the Government for licensing renewal, and that they 
must show continuing evidence of approximately $4,375 (700,000 riyals) 
in operating capital. There were no reports of denied registrations; 
however, there were reports that the Government revoked the license of 
one newspaper and closed down the operations of a magazine. The 
Government closed one newspaper for allegedly not adhering to a 
registration deadline. On November 6, the Government informed several 
press sources that no new press licenses would be issued for an unknown 
period of time.
    In June, the President publicly declared an end to the practice of 
detaining journalists; however, in practice, detention of journalists 
continued. During the year, the Government increased pressure on 
independent and political party newspapers. Newspaper journalists also 
reported several instances of government harassment including 
threatening phone calls to them and their families, attacks on their 
homes, brief imprisonments, and personal surveillance. Journalists 
practiced self censorship due to fear of government reprisal. The 
Government also announced that legal proceedings would be taken against 
anyone who supported the rebel cleric Al Houthi once an extensive 
investigation on the rebellion was completed. The investigation was 
ongoing at year's end.
    Journalists were tried and sentenced for writing articles critical 
of the President or reporting on issues sensitive to the regime. On 
April 14, a prominent journalist was arrested for writing a report 
about an alleged assassination attempt on the President's son, and 
sentenced to a fine and a 6 month work ban. On May 17, three 
journalists received prison sentences from 3 to 5 months, although 
sentences were held in abeyance pending appeals. There was no further 
action on the appeal at year's end.
    On June 2, the Government closed the Al Shmuu newspaper for three 
months, and imposed a fine of $270 (50,000 riyals) for publishing a 
list of banks that owed money to the Central Bank. The editor received 
a 1 year prison sentence, held in abeyance pending appeal. There was no 
further action on the appeal at year's end.
    On September 5, the Government closed the As Shura newspaper for 
six months. The editor, Abdulkarim Al Khaiwani, received a 1 year 
prison sentence for publishing articles critical of the President's 
handling of the Al Houthi rebellion, succession, and other criticisms 
of the Government. Despite repeated calls by several local parties, 
syndicates, NGOs and international groups, the Government refused to 
release Al Khaiwani. Furthermore, the Government summoned and 
questioned seven other writers from the same paper. They were informed 
that they were also subject to possible prosecution. There was no 
appeal action by year's end.
    The Yemeni Journalists Syndicate (YJS) defended freedom of the 
press and publicized human rights concerns. The YJS has been vocal in 
condemning recent government actions that closed several publications 
and imprisoned journalists.
    Customs officials confiscated foreign publications regarded as 
pornographic or objectionable due to religious or political content. 
During the year, there were some reports that the Ministry of 
Information delayed the distribution of international Arabic language 
dailies in an effort to decrease their sales in the country. 
Authorities monitored foreign publications and banned those deemed 
harmful to national interests.
    Authors were required to obtain a permit from the Ministry of 
Culture to publish a book and also were required to submit copies to 
the Ministry. Publishers usually did not deal with an author who had 
not yet obtained a permit. Most books were approved, but the process 
was time consuming.
    The Government did not impose restrictions on Internet use; 
however, it blocked access to some sites (see section 1.f.).
    The Government restricted academic freedom to some extent, claiming 
it was necessary due to politicization of university campuses. On 
August 23, the PSO arrested and jailed four members of the University 
Student Federation in the Mahaweet governorate when the opposition 
Islah party won a student election.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, in practice, the Government 
limited this right. The Government claimed that it banned and disrupted 
some demonstrations to prevent them from degenerating into riots and 
violence. In February, authorities forcibly removed, arrested, and 
incarcerated 112 Ethiopian men, women, and children who were staging a 
sit in outside the U.N. High Commission for Human Rights (OHCHR) 
headquarters in Sana'a. The women and children, who comprised 
approximately half of the protesters, were released after 2 days; some 
of the men were incarcerated for as long as a month.
    The Government required a permit for demonstrations, which it 
issued routinely. Government informers monitored all meetings and 
assemblies.
    On June 6, authorities fired shots into the air to disburse a crowd 
of striking pilots (see Section 6.b.). On September 3 and September 6, 
the authorities blocked two planned protests against the Government's 
handling of the Al Houthi insurgency (see Section 1.a.). On November 
28, a member of the security forces shot into a crowd of protesters in 
front of an Aden court. One person was killed and another wounded. The 
protesters were monitoring the trial of a member of an intelligence 
agency who was accused of murder. Police claimed that the crowd was out 
of control. There was no further action on the incident by year's end.
    The Constitution provides for the freedom of association, and the 
Government usually respected this right in practice. In some instances, 
the GPC ruling party attempted to control professional associations and 
NGOs by influencing internal elections (see Section 6.b.).
    Associations must obtain an operating license, usually a routine 
matter, from the Ministry of Social Affairs or the Ministry of Culture.
    The Government cooperated to some extent with NGOs, although NGOs 
complained that there was a lack of response to their requests for more 
funding. According to NGO professionals, the Government's limited 
responsiveness was due to a lack of material and human resources.
    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 provides for freedom of 
religion; however, the Government limited this right in some cases. The 
Constitution declares that Islam is the state religion.
    Followers of other religions were free to worship according to 
their beliefs and to wear religiously distinctive ornaments or dress; 
however, Shari'a forbids conversion from Islam and prohibits non 
Muslims from proselytizing. The Government requires permission for the 
construction of all places of worship, and prohibits non Muslims from 
holding elected office.
    Under Islam, the conversion of a Muslim to another religion is 
considered apostasy, which the Government interprets as a crime 
punishable by death. There were no reports of cases in which the crime 
was charged or prosecuted by authorities.
    Official policy does not prohibit or prescribe punishment for the 
possession of non Islamic religious literature.
    Services for Catholic, Protestant, and Ethiopian Christians were 
held in various locations without government interference.
    Public schools provided instruction in Islam, but not in other 
religions; however, most 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 incited violence or other political 
statements considered harmful to public security. Private Islamic 
organizations maintained ties to pan Islamic organizations and, in the 
past, have operated private schools; however, the Government monitored 
their activities. Through its religious ministry, the Government 
sponsored two events: In April, approximately 350 Imams attended 
training against Islamic extremism. From June 20-24, more than 270 
Muslim clerics, scholars, and ministers of religious affairs from 
Muslim states discussed ways to promote moderate and tolerant aspects 
of Islam, and to disassociate from ideas of extremism and terrorism.
    Following unification of North and South Yemen in 1990, owners 
(including religious institutions) of property expropriated by the 
Communist government of the former People's Democratic Republic of 
Yemen (PDRY) were invited to seek restitution of their property. 
Implementation of the process has been extremely limited, and very few 
properties have been returned to previous owners.
    Shari'a based law and social customs discriminated against women 
(see Section 5).
    There were reports that citizen of religious minorities were 
prohibited from participating in the political process (see Section 3).
    There were no reports of anti-Semitic acts against Jews or Jewish 
property. The country's once sizable Jewish population has largely 
emigrated. The Government issued a press release in June accusing Jews 
living in the North of backing the Al Houthi rebellion in Saada. The 
Government shortly thereafter retracted the statement, which had been 
carried by the local media. After the ruling party tried to put forward 
a Jewish candidate, the General Election Committee adopted a policy 
barring all non Muslims from running for Parliament (see Section 3). 
There were no legal restrictions on the few hundred Jews who remained, 
although there were traditional restrictions on places of residence and 
choice of employment (see Section 5).
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, Repatriation, and Exile.--The Constitution provides for 
these rights, and the Government respected them, with some 
restrictions. The Government placed some limits on the freedom of 
movement of women, foreigners, and tourists. The two latter groups were 
required to obtain government permission before traveling. In practice, 
the Government did not obstruct domestic travel; however, the army and 
security forces maintained checkpoints on major roads.
    In certain areas, armed tribesmen occasionally either manned their 
own checkpoints or operated 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. Although not required by law, women 
customarily were asked if they had permission from a male relative 
before applying for a passport. 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.
    The law prohibits forced exile, and the Government did not use 
forced exile in practice.
    During the year, the Government continued to deport an unknown 
number of foreigners, many of whom were studying at Muslim religious 
schools, and believed to be 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.
    Although the law does not include provisions for the granting of 
refugee status or asylum to persons who meet the definition in the 1951 
U.N. Convention Relating to the Status of Refugees or its 1967 
Protocol, there were no reports of the forced return of persons to a 
country where they feared persecution. The country is party to the 
convention and the protocol. The Government continued to grant refugee 
status to Somalis who arrived in the country after 1991.
    The Government cooperated with the U.N. High Commissioner for 
Refugees in assisting refugees and asylum seekers. At times, 
authorities arrested without charge and imprisoned an unknown number of 
undocumented refugees (see Section 1.c.).
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. By law, the 
Government is accountable to the Parliament; however, the Parliament is 
not an effective counterweight to executive authority. Decision-making 
and effective political power rests 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 country's 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. International observers judged the April 
2003 parliamentary elections to be ``generally free and fair''; 
however, there were some problems with underage voting, confiscation of 
ballot boxes, voter intimidation, and vote buying. In addition, 
international observers reported that some officials were allegedly 
prevented from approving results that gave victory to opposition 
parties. There were reports that supporters of rival candidates shot 
and killed at least three persons and wounded another. No arrests 
occurred. President Saleh's ruling GPC party maintained its large 
majority in Parliament. Approximately 75 percent of those eligible 
voted (8 million) and 43 percent of voters were women.
    Ali Abdullah Saleh, the President and leader of the GPC, was 
elected to a 5 year term in the country's first nationwide direct 
presidential election in 1999, winning 96.3 percent of the vote. In 
2001, the 5 year term was amended to a 7 year term. The Constitution 
provides that the President is elected by popular vote from at least 
two candidates endorsed by Parliament. Despite the fact that the 
President's sole opponent was a member of his own party, NGOs, foreign 
embassies, and U.N. Development Program (UNDP) observers found the 
election free and fair. The candidate selected by the leftist 
opposition coalition did not receive the minimum number of required 
votes from the GPC dominated Parliament.
    The Constitution permits Parliament to initiate legislation; 
however, to date it has not done so. In addition, the Government 
routinely consulted senior parliamentary leaders when it drafted 
important national legislation. Parliament debates policies that the 
Government submits. Although the GPC, 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 the Government for some actions, 
including the issue of detainees, corruption, and aspects of the 
Government's counter terrorism campaign. Ministers frequently were 
called to Parliament to defend actions, policies, or proposed 
legislation, although they sometimes refused to appear. At times, 
parliamentarians were sharply critical during such sessions.
    There were several political parties. The GPC dominated Parliament, 
and Islah was the only other significant party. All 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. Some government opponents 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 
Yemeni Socialist Party (YSP) and several smaller parties returned to 
active political life by participating in the 2001 local elections, 
constitutional referendum, and the April 2003 parliamentary election.
    The law mandates that political parties should be viable national 
organizations, and cannot restrict their membership to a particular 
region. Parties based on regional, tribal, sectarian, class, 
professional, gender, or racial identities are not permitted. The 
Government provided financial support to political parties, including a 
small stipend to publish their own newspapers.
    Corruption was a problem, particularly in the judicial branch. 
During the year, Parliament became more active in areas of economic 
reform and corruption, winning a major victory by voting to cancel a 
suspect oil deal arranged by the Ministry of Oil, and calling ministers 
to account for their actions. Parliament continued to call on the 
executive branch to reform the administration of government, including 
decentralization of finances, fighting corruption, and providing clear 
and transparent processes for government contracts.
    Formal government authority is centralized in Sana'a; many 
citizens, especially in urban areas, complained about the inability of 
local and governorate entities to make policy or resource decisions. 
The Local Authority Law decentralizes authority by establishing locally 
elected district and governorate councils, headed by government 
appointed governors. The first elections for the councils were held 
concurrently with the constitutional referendum in 2001. At year's end, 
a few local councils were still not constituted, and many continued to 
lack sufficient resources. In some governorates, tribal leaders 
exercised considerable discretion in the interpretation and enforcement 
of the law.
    The law requires a degree of transparency and public access to 
information, and the Press and Publications Law provides journalists 
with some access to government reports and information; however, in 
practice, the Government offers few procedures to ensure transparency, 
open bidding, or effective competition in awarding government 
contracts. Detailed accounting of expenditures rarely occurs in a 
timely fashion. The Government provided limited information on 
websites; however, most citizens did not have access to the Internet.
    Although women voted and held office, cultural norms rooted in 
religious interpretation often limited their exercise of these rights, 
and the number of women in government and politics did not correspond 
to their percentage of the population (see Section 5). An increasing 
number of women held senior leadership positions in the Government.
    During the year, a group of women from the major parties secured 
agreement from the Supreme Committee for Elections and Referenda (SCER) 
to establish a Women's Department within the SCER.
    Many Akhdam, a small ethnic minority, who may be descendants of 
African slaves, did not participate in the political process due to 
socioeconomic factors. All non Muslims are banned from running for 
Parliament. This policy of the General Election Committee was reached 
in 2001 after the ruling GPC party tried to run a Jewish candidate. 
There were no reports that persons with disabilities were prohibited 
from participating in the political process.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Law for Associations and Foundations regulates the formation 
and activities of NGOs. Domestic and international human rights groups 
generally investigated and published their finding on human rights 
cases without restriction. Government officials were somewhat 
cooperative and responsive to their views; however, NGOs reported there 
was often a lack of response to their requests. During the year, 
several government sponsored initiatives, particularly those promoted 
by the Ministry of Human Rights, were aimed at furthering cooperation 
with NGOs. There were reports that a few local NGOs were not invited to 
participate in some of these activities.
    Several human rights NGOs continued to operate throughout the year. 
Groups included the Human Rights Information and Training Center, the 
National Organization for Defending Rights and Freedoms, the Sisters 
Arab Forum, and the Civic Democratic Forum. Although some NGOs were 
supported by the Government or ruling party, others were clearly 
supported by opposition parties or fully independent. A few NGOs 
practiced self censorship.
    The Government gives AI, Human Rights Watch, the Parliament of the 
European Union, and the Committee to Protect Journalists access to 
officials, records, refugee camps, and prisons (see Section 1.c.). The 
ICRC maintained a resident representative to inspect prisons during the 
year, although access to PSO prisons was restricted.
    The Ministry of Human Rights, established in 2003, attempted to 
raise awareness of human rights via public information campaigns, 
training of human rights activists, and participation in numerous 
conferences. Through a newly established complaint mechanism, the 
Ministry resolved an unknown number of human rights cases out of 
approximately 500 submissions, primarily through coordination and 
correspondence with other ministries and human rights NGOs. Observers 
concluded that the new system was operational and had great potential, 
but that it was too early to evaluate its effectiveness.
    Parliament has an active committee on human rights; however, some 
members complained the committee did not operate independently due to 
personal conflicts of interest by its leadership. During the year, the 
committee addressed issues of prison conditions, torture, and child 
trafficking. The committee issued unofficial reports citing the causes 
of child trafficking.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal rights and equal opportunity 
for all citizens; 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, the provision rarely was enforced. Although spousal 
abuse reportedly was common, it generally was undocumented. Violence 
against women and children was considered a family affair, and usually 
not reported to the police. Due to social norms and customs, an abused 
woman was expected to take her complaint to a male relative (rather 
than the authorities) to intercede on her behalf, or provide her 
sanctuary if required. A small shelter for battered women in Aden 
assisted victims, and telephone hotlines operated with moderate success 
in Aden and Sana'a.
    The law prohibits rape; however, it was a problem. The punishment 
for rape is imprisonment up to 15 years; however, it was seldom 
imposed.
    The press, women's rights activists, and the Ministry for Human 
Rights continued to investigate or report on violations of women's 
rights. During the year, NGOs, in conjunction with each other and the 
Ministry of Human Rights, sponsored several women's rights conferences 
dealing with issues such as violence against women, honor killings, and 
increasing the political representation of women.
    The law prohibits female genital mutilation (FGM); however, it was 
practiced to a limited degree. The prevalence of the practice varied 
substantially by region. Government health workers and officials 
actively continued to discourage the practice.
    Prostitution is illegal; however, it occurred. The punishment for 
prostitution is imprisonment of up to 3 years or a fine. In a new 
phenomenon, there were widespread reports of Iraqi women traveling to 
the country to work in the sex industry (see Section 5, Trafficking in 
Persons).
    The Penal Code allows leniency for persons guilty of committing a 
``crime against honor,'' a violent assault or killing committed against 
females for perceived immodest or defiant behavior. Legal provisions 
regarding violence against women state that an accused man should be 
put to death for killing a woman. However, a husband who kills his wife 
and her lover may be fined or imprisoned for a term of 1 year or less.
    The social custom and local interpretation of Shari'a discriminated 
against women. Men were permitted to take as many as four wives, 
although very few did so. By law, the minimum age of marriage is 15 
years; however, the law was not widely enforced, and some girls married 
as early as age 12 (see Section 5, Children). The practice of bride 
price payments was widespread, despite efforts to limit the size of 
such payments.
    The law states that the wife must obey the husband. Husbands may 
divorce wives without justifying their action in court. A woman has the 
legal right to divorce; however, she must provide a justification, and 
there are a number of practical, social, and financial negative 
considerations.
    Women who seek to travel abroad must customarily obtain permission 
from their husbands or fathers to receive a passport, and to travel 
(see Section 2.d.). Male relatives were expected to accompany women 
when traveling; however, enforcement of this requirement was not 
consistent. Some women reported that they were able to travel freely 
without male accompaniment.
    Shari'a permits a Muslim man to marry a non Muslim woman; however, 
no Muslim woman may marry a non Muslim. Women do not have the right to 
confer citizenship on their foreign born spouses; however, they may 
confer citizenship on children born of foreign born fathers. The 
foreign wife of a male citizen must remain in the country for two years 
in order to obtain a residence permit.
    According to a Ministry of Interior 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 Ministry of Interior. A foreign woman who wishes to 
marry a male citizen must prove to the Ministry that she is ``of good 
conduct and behavior,'' and ``is free from contagious disease.''
    The Government continued to support women's rights as exemplified 
by local law, and the expansion of the public role of women. The 
President and Government strongly encouraged women to vote and 
supported several NGO sponsored conferences to increase the role of 
women in political life.
    According to 2002 government statistics, approximately 67.5 percent 
of women were illiterate, compared with approximately 27.7 percent of 
men. The fertility rate was 6.5 children per woman. Most women had 
little access to basic health care.
    In general, women in the South, particularly in Aden, were better 
educated and had somewhat greater employment opportunities than their 
northern counterparts. However, since the 1994 war of secession, the 
number of women in government in the South has declined, due to 
cultural pressure from the North, as well as stagnation of the economy. 
According to the UNDP, female workers accounted for 19 percent of the 
paid labor force. In 2003, the Government amended a law to require that 
every public or private institution employing more than 50 female 
workers must provide assistance with the care of their children; 
however this regulation was not enforced.
    The Labor Law stipulates that women are equal to men in conditions 
of employment and employment rights; however, female activists and NGOs 
reported that discrimination was a common practice in both the public 
and private sectors. Mechanisms to enforce equal protection were weak 
or nonexistent.
    There were no laws prohibiting sexual harassment; however it was a 
problem in the workplace.
    The National Women's Committee completed a report on the United 
Nations Beijing +10 Conference for women's rights in the country. It 
also completed a second phase of a review of discriminatory laws 
against female citizens, and began an initiative to support a quota 
system.
    The NGO Women Rights and Social Justice specialized in influencing 
policy makers to counter prejudice against women. It held its third 
symposium titled ``Women's Rights in Islam.''
    The Sisters Arab Forum held a regional conference on strengthening 
women's rights vis-a-vis the 1994 Beijing Conference. Women from across 
the region attended.
    There were a number of NGOs working for women's advancement, 
including: the Social Association for Productive Families, which 
promoted vocational development for women; the Women and Children's 
Department of the Center for Future Studies, which organized seminars 
and published studies on women and children; the Woman and Child 
Development Association, focused on health education and illiteracy; 
the Yemeni Council for Motherhood and Childhood, which provided micro 
credit and vocational training to women; and the Zahara Women's 
Association for Welfare, which conducted voter education and grassroots 
education.

    Children.--While the Government asserted 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. According to 2003 UNDP statistics, the infant mortality 
rate was 71 deaths per 1,000 births. Male children received 
preferential treatment and had better health and survival rates.
    The law provides for universal, compulsory, and free education from 
age 6 to 15 years; however, compulsory attendance was not enforced. 
Many children, especially girls, did not attend primary school. 
According to a 2003 UNDP report, average student attendance in primary 
schools was 76 percent for boys and 45 percent for girls. In rural 
areas, 52 percent of children attended school, whereas the rate in 
urban areas was 81 percent.
    Child marriage was common in rural areas. The law requires that a 
girl be 15 years of age to marry; however, it was not enforced, and 
marriages of girls as young as age 12 occurred (see Section 5, Women).
    The law does not prohibit child abuse. Although exact figures were 
lacking, it was a widespread problem.
    FGM was practiced on a limited scale (see Section 5, Women).
    Child labor was a problem. The Child Rights Law prohibits child 
labor; however, the law has not been implemented and children as young 
as 4 years of age worked in workshops, agriculture, or as street 
vendors (see Section 6.d.).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were credible reports of trafficking in women and 
children. The law, which does not differentiate between children or 
adult victims, allows for a prison sentence of up to 10 years for 
anyone convicted of trafficking in persons. During the year, one child 
trafficker received a 3 year prison sentence. Other laws forbid and 
severely punish kidnapping, sexual assault, and facilitation of 
prostitution. The Child Rights law mandates the protection of all 
children from economic and sexual exploitation.
    Trafficking was a relatively new phenomenon in the country, and 
there were no reliable statistics available. During the year, there 
were reports of Iraqi women trafficked to the country for the purpose 
of prostitution. As the problem of sex trafficking was new, authorities 
were unable to provide information on the scope and methods of sex 
trafficking, but they suspected that many women were trafficked to the 
country by organized criminal syndicates. The Government took steps to 
address this problem by instituting a new visa requirement for Iraqi 
citizens traveling to the country.
    Press reports claimed that children were trafficked out of the 
country to work as street beggars, domestic help, or as camel jockeys 
in oil rich Gulf States at a rate of approximately 200 children per 
week. The Government increased its efforts to combat child trafficking. 
Parliament sent numerous delegations to areas known as points of origin 
for child trafficking in order to investigate the problem. Authorities 
increased the number of arrests of alleged traffickers and prosecuted 
two traffickers. The Government worked with UNICEF on a study to 
examine and increase its understanding of the problem of trafficking in 
children. Government investigations revealed that extreme poverty was 
the primary motivation behind child trafficking and that the victims' 
families were almost always complicit. There were no information 
campaigns to raise awareness of the problem. A lack of resources, 
skills, and awareness hindered government action against trafficking in 
persons.

    Persons With Disabilities.--There was discrimination against 
persons with mental and physical disabilities 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 that mandates 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.
    During the year, the Handicapped Society, the Challenge Society, 
the Yemeni Development Foundation, Al Saleh Social Establishment, and 
the Islamic World Handicap and Training Council provided assistance to 
persons with disabilities, including rehabilitation assistance, 
vocational training, cultural and sports activities, and collaborative 
workshops on how to address the issue of disabilities in the country. 
The Government's Social Fund for Development, administered by the 
Ministry of Social Affairs, provided limited basic services to assist 
persons with disabilities.
    At times, authorities arrested without charge and imprisoned 
persons with mental disabilities (see Section 1.c.).

    National/Racial/Ethnic Minorities.--The Akhdam (an estimated 2 to 5 
percent of the population) were considered the lowest social class. 
They lived in poverty and endured persistent social discrimination. The 
Government's Social Fund for Development also provided basic services 
to assist the group.
    Human rights groups have reported that some immigrants of African 
origin had difficulty in securing Ministry of Interior permission to 
marry citizens (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. Tensions over land or sovereignty in 
particular regions, which periodically escalated into violent 
confrontations, continued between the Government and a few tribes.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and 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 in unions and trade union 
federations.
    The law permits trade unions to establish only if federated within 
the General Federation of Trade Unions of Yemen (GFWTUY), the sole 
national umbrella organization. The GFWTUY claimed approximately 
350,000 members in 14 unions and denied any association with the 
Government; however, it worked closely with the Government to resolve 
labor disputes through negotiation.
    Only the General Assembly of the GFWTUY may dissolve unions. The 
law provides equal labor rights for women. The law does not stipulate a 
minimum membership for unions or limit them to a specific enterprise or 
firm. Thus citizens may associate by profession or trade.
    The law generally protects employees from antiunion discrimination. 
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 is composed of an 
employer representative and a GFWTUY representative. Such cases often 
were disposed favorably toward workers, especially if the employer was 
a foreign company.

    b. The Right to Organize and Bargain Collectively.--The labor law 
applies to all workers except public servants, foreign workers, day 
laborers, and domestic servants. The 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 existed. Agreements may be invalidated if they are ``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.
    In some instances, the GPC ruling party attempted to control 
professional associations and NGOs by influencing internal elections 
(see Section 2.a.). In April, the Medical Association of Sana'a elected 
a chairman associated with the opposition Islah party, the Government 
refused to accept the results of the election and formed an alternative 
medical association.
    The labor law provides for the right to strike only if prior 
attempts at negotiation and arbitration fail. The proposal to strike 
must be submitted to at least 60 percent of all concerned workers, of 
whom 25 percent must vote in favor. Permission to strike also must be 
obtained from the GFWTUY. Strikes for explicit ``political purposes'' 
were prohibited.
    On June 6, police fired into the air to disburse a crowd of 
national airline pilots, who were striking for higher wages; no 
injuries were reported. There were some peaceful strikes during the 
year.
    There were reports that private sector employers discriminated 
against union members through transfers, demotions, and dismissals.
    There were no export processing zones in operation.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Child Rights Law prohibits child labor; however, it has not been 
effectively implemented.
    The established minimum age for employment was 15 years in the 
private sector and 18 years in the public sector. By special permit, 
children between the ages of 12 and 15 years could 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 due to family poverty. 
Even in urban areas, children worked in stores and workshops, sold 
goods and begged on the streets. Many children of school age worked 
instead of attending school, particularly in areas in which schools 
were not easily accessible.
    The Child Labor Unit at the Ministry of Labor was responsible for 
implementing and enforcing child labor laws and regulations; however, 
the unit's lack of resources hampered enforcement.
    The Ministry of Labor estimated that there are close to half a 
million working children, ages 6 to 14 year, and that working children 
equaled 10 to 15 percent of the total work force. The Government was an 
active partner with the ILO's International Program to Eliminate Child 
Labor. During the year, this program offered remedial education, 
vocational training, counseling, and reintegration of child laborers 
into schools. In September, the Government entered into a grant 
agreement with a foreign government aimed at combating the worst forms 
of child labor in the country.

    e. Acceptable Conditions of Work.--There was no established minimum 
wage for any type of employment. The labor law provides equal wages for 
workers and civil servants. Private sector workers, especially skilled 
technicians, earned a far higher wage. The average daily wage did not 
provide a decent standard of living for a worker and family. The 
minimum civil service wage during the year did not meet the country's 
poverty level.
    The law specifies a maximum 48 hour workweek with a maximum 8 hour 
workday; however, many workshops and stores operated 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 is responsible for regulating workplace 
health and safety conditions. The requisite legislation for regulating 
occupational health is contained in the labor law; however, enforcement 
was weak to nonexistent. Many workers regularly were exposed to toxic 
industrial products and developed respiratory illnesses. Some foreign 
owned companies and major manufacturers implemented 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.

                               __________
                               SOUTH ASIA

                              ----------                              


                              AFGHANISTAN

    Afghanistan oversaw the ratification of a new Constitution on 
January 4. Hamid Karzai was elected President in the country's first 
presidential election held on October 9, which was deemed acceptable by 
the majority of its citizens. Although a few major provincial centers 
remained under the effective control of regional commanders for most of 
the year, the Government made progress in asserting its authority, and 
the commanders acknowledged the central government's legitimacy. Karzai 
dismissed and appointed new governors to many of the 34 provinces. 
Judicial power rested with the Supreme Court. Under the new Government, 
the rule of law applied throughout the country; however, in practice, 
recognition of the rule of law, particularly outside of Kabul, was 
limited. The nominally independent judiciary was accused by some of 
corruption and being subject to political pressure from officials and 
commanders, especially at the provincial and local levels. The judicial 
system operated on an intermittent basis during the year, while the 
Government and the international community trained judges and lawyers 
and reconstructed courthouses.
    Police, under the Ministry of Interior, had primary responsibility 
for internal order; however, civilian authorities did not always 
maintain effective control of security forces. Some local and regional 
commanders maintained considerable power, as the Government was not in 
a position to exercise effective control nationwide. NATO retained 
command of the International Security Assistance Force (ISAF) in Kabul; 
its U.N. Security Council mandate was extended to October 13, 2005. 
Some members of security forces committed serious human rights abuses.
    The economy, based primarily on agriculture and animal husbandry, 
is market based. A July estimate found the population to be 
approximately 28.5 million, and the International Monetary Fund (IMF) 
estimated the economic growth rate at 7.5 percent for the year. Wages 
kept pace with inflation. Persistent drought, low literacy, and slow 
recovery from over two decades of war were a strain on the economy. The 
country remained heavily dependent on foreign assistance, and 
approximately 50 percent of the Government's operating budget came from 
external donor support. According to the World Food Program (WFP), some 
1.4 million citizens have been affected by continued drought and crop 
failures, and the United Nations Office on Drugs and Crime (UNODC) 
reported in November that opium cultivation increased by two-thirds and 
spread to all 32 provinces of the country. According to the UNODC 
report, narcotics became the main factor of economic growth, involving 
10 percent of the population.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. There 
were instances where local security forces and police committed 
extrajudicial killings, and officials used torture in prisons. Efforts 
to bring to justice serious human rights offenders were often 
ineffective; impunity from the law remained a serious concern. 
Punishment of officials usually took the form of administrative actions 
rather than prosecution. Prolonged pretrial detention and poor prison 
conditions led to deteriorating health conditions and death among some 
prisoners. The Government generally provided for freedom of speech, the 
press, assembly, association, religion, and movement; however, problems 
remained. Violence--including rape and kidnapping--and societal 
discrimination against women and minorities continued. Trafficking of 
persons was a problem. There was widespread disregard for, and abuse 
of, internationally recognized worker rights. Child labor continued to 
be a problem.
    Terrorist attacks and severe violence continued during the year. 
Taliban, local commanders, and other antigovernment forces threatened, 
robbed, attacked, and occasionally killed local villagers, political 
opponents, and prisoners. Some areas outside Kabul were not under the 
Government's control. Increased Taliban, al-Qa'ida, and other 
antigovernment groups' activity, particularly in the south and 
southeast, added to security concerns. U.N. agencies and 
nongovernmental organization (NGOs) temporarily cancelled or curtailed 
their activities in these and other areas at various times 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.--There were reports 
of politically motivated or extrajudicial killings by the Government or 
its agents. For example, on August 14, 17 bodies were discovered at the 
Shindand market place with evidence that 6 of the 17 individuals, 
including a 60-year-old man, were tortured and beheaded. An 
investigation was launched and remained open at year's end.
    On January 2, officials hanged four bandits in the central bazaar 
of Farah when they were arrested after a gunfight with government 
forces. In March and April, while in police custody, four detainees in 
Herat were killed as the result of torture, according to the Afghan 
Independent Human Rights Commission (AIHRC).
    During the year, no trial date was set for police officers arrested 
for killing two demonstrators in Kabul in 2002.
    There were no known politically motivated killings by the 
Government or its agents; however, factional forces killed civilians 
during the fight against Taliban supporters.
    The Government and government-allied coalition forces carried out 
raids and attacks on alleged militant settlements that resulted in the 
deaths of civilians. On September 17, government-allied coalition 
troops accidentally killed one Afghan youth and injured another during 
a clash with militants in Uruzgan Province (see Section 1.g.).
    The International Committee of the Red Cross (ICRC) reported that 
landmines and unexploded ordnance killed or wounded 847 persons during 
the year (see Section 1.g.).
    Rebel forces, including Taliban, al-Qa'ida, and Hizb-e-Islami 
Gulbuddin, killed numerous civilians during their attacks. There were 
reports that the Taliban and its allies summarily executed NGO workers 
and other persons. Attacks on international organizations, on 
international aid workers and their local counterparts, and on foreign 
interests and nationals increased significantly (see Sections 1.g. and 
4).
    In many areas, 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.
    On June 29, authorities announced that one man was sentenced to 
death for the 2002 assassination of Vice President and Public Works 
Minister Haji Abdul Qadir; two other accomplices were given jail 
sentences. There were no developments in other 2002 cases.
    The Government made few efforts to bring to justice those persons 
responsible for the most serious abuses committed during the past 24 
years (see Section 4).

    b. Disappearance.--Abductions and disappearances occurred during 
the year. On October 28, armed militants abducted three U.N. workers. 
The three were released in Kabul in November, and in December, 
Pakistani security forces arrested Haji Fazal Karim, chief of the 
militant group Jaish-al Muslimeen, in Karachi, for the kidnapping. The 
case remained open at year's end.
    The whereabouts of most of the women and girls who were kidnapped 
or abducted by the Taliban between 1998 and 2001, and of those persons 
arrested by the Taliban for political reasons, remained unknown at 
year's end.
    In January, the Governor of Herat and the AIHRC claimed that three 
policemen taken from the Herat central police district and held without 
charge for several months in July 2003 were released. The AIHRC alleged 
that the three were beaten while in custody. There was no judicial 
follow up. Local Shindand district commander Amanullah Khan denied any 
responsibility in the December 2003 abduction of a commander of Herat's 
21st Division, based in Shindand.
    There continued to be reports of abduction by Taliban, allied 
militias, and unknown gunmen. The whereabouts of an international NGO 
driver abducted by the Taliban on January 5 remained unknown. The 
driver for a mine-clearance agency who was abducted by gunmen in Ghazni 
in November 2003 was released to his family. There were numerous 
reports of kidnapped--and possibly trafficked--children during the year 
(see Section 5, Trafficking).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were reports of some abuses. For example, there were continued reports 
that some local police authorities in Herat and other locations 
routinely employed torture on detainees (see Section 1.a.). There was 
no followup to the 2002 incident in which Herat Governor Ismail Khan's 
security forces arrested journalist Mohammad Rafiq Shahir and 
reportedly beat him severely.
    In March, Human Rights Watch (HRW) claimed that coalition forces 
operating in the country arbitrarily detained civilians and committed 
cruel, inhumane, and degrading acts against detainees.
    Security forces reportedly used excessive force during their fight 
against Taliban and al-Qa'ida remnants, including looting, beating, and 
torturing of civilians. Violence and instability hampered relief and 
reconstruction efforts in different parts of the country and led to 
numerous human rights abuses.
    Prison conditions remained poor, and there were reportedly many 
other secret or informal detention centers in the country (see Section 
1.d.). Prisoners lived in overcrowded, unsanitary conditions in 
collective cells and were not sheltered adequately from severe winter 
conditions. Prisoners reportedly were beaten, tortured, or denied 
adequate food. The Justice Ministry's assumption of prison management 
from the Interior Ministry in March 2003 improved conditions 
marginally. The humanitarian NGO Emergency reported in January that 
infectious diseases were common among prisoners.
    A number of regional leaders, particularly Ismail Khan in Herat and 
General Dostum in Sheberghan, maintained secret or unofficial prisons 
that most likely held political detainees (see Section 1.d.). In May, 
following a prison riot and hunger strike, most of the approximately 
900 Taliban and Pakistani prisoners at Sheberghan Prison were moved to 
Pul-e-Charkhi Prison in Kabul. In September, President Karzai ordered 
from this group the release of 416 ex-combatants, mainly Taliban, as 
well as 433 Pakistanis.
    According to the AIHRC, six prisoners died in prison during the 
year, two from illness, and four others from injuries received during 
fights.
    Approximately 4,500 convicts were held in 32 government-run prisons 
across the country. There were 15 correctional centers for juveniles, 
and approximately 8 women's detention centers. Men and women were 
housed in separate facilities. Living conditions of all prisons did not 
meet international standards, and conditions in women's facilities were 
worse than in men's facilities. Children under 12 years were 
incarcerated with their mothers. Juveniles (under 18 years) were 
detained in juvenile correctional facilities; however, juveniles 
charged with murder were detained in adult facilities but were assigned 
to a separate area within the facilities. There were no pretrial 
detention facilities.
    The Government permitted the International Committee of the Red 
Cross (ICRC) to visit all prisons that the Government controlled, and 
the ICRC conducted such visits during the year; however, the ICRC 
alleged that it lacked full and transparent access to some prisoners. 
The AIHRC monitored prison conditions regularly during the year, and 
independently of the Ministry of Justice.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest or detention; however, arbitrary arrest and detention 
were serious problems. Legal and law enforcement institutions operated 
unevenly throughout the country, and justice was administered on an 
intermittent basis according to a mixture of codified law, Shari'a law, 
and local custom.
    Human rights groups reported that local police authorities extorted 
bribes from civilians in return for their release from prison or to 
avoid arrest. The Afghan National Police (ANP) had approximately 26,000 
trained policemen and women at year's end, roughly half of the 
Government's target of 62,000 ANP. Judicial and police procedures and 
practices for taking persons into custody and bringing them to justice 
followed no established code and varied depending on the area and local 
authorities. Some areas had a more formal judicial structure than 
others. Limits on lengths of pretrial detention were not respected. The 
AIHRC received several hundred reports of pretrial detention during the 
year. According to the laws, police can detain suspects for up to 24 
hours, primary and secondary courts can detain for up to 2 months, and 
the final court can detain for up to 5 months.
    Private prisons were a problem. The country's intelligence agency 
ran at least two prisons, and there were unconfirmed reports of private 
detention facilities around Kabul and in northern regions of the 
country. Representatives of international agencies and the AIHRC were 
unable to gain access to these prisons during the year. The AIHRC 
reported numerous cases of arbitrary arrest and detention. For example, 
in Ghazni Province, Governor Asadulah arbitrarily arrested seven 
suspects in December and did not allow anyone to visit these detainees. 
No charges were filed, and these detainees remained incarcerated at 
year's end. During the year, the Governor of Helmand arbitrarily 
arrested a suspect and detained him for 4 months. At year's end, no 
charges were filed against the suspect, and the suspect remained in 
prison at year's end.
    The Constitution provides for access to legal counsel (see Section 
1.e.). The country's law limited pretrial detention to 9 months; 
however, there were documented cases where suspects were held for 
longer periods. There were credible reports that some detainees were 
tortured to elicit confessions while awaiting trial.
    The AIHRC confirmed cases of troops loyal to Commander Ismatullah 
in Laghman Province looting and forcing women into marriages; however, 
allegations of rape were not substantiated (see Section 5).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
right in practice. The Government, in accordance with Islamic principle 
and international standards, assigned the Government to reorganize and 
reform its judiciary system, and the Government, with assistance from 
the international community, continued to work on reestablishing a 
functioning nationwide judicial system. Many municipal and provincial 
authorities relied on some interpretation of Islamic law and 
traditional tribal codes of justice. The mandate of the Judicial Reform 
Commission expired during the year, and its responsibilities shifted to 
the Ministry of Justice.
    In the cities, courts decided criminal and civil cases. The Supreme 
Court was located in Kabul. There was a National Security Court that 
tried terrorist and other cases, although it was unclear how the new 
National Security Courts functioned in practice. 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 could be appealed. The courts reportedly heard 
cases in sessions that lasted only a few minutes.
    In rural areas, local elders and shuras (community councils) were 
the primary means of settling criminal matters and civil disputes and 
sometimes allegedly levied unsanctioned punishments, including flogging 
or death by stoning, as well as ordering, in murder cases, the 
defendant to provide young girls in marriage to the victims' family. In 
such proceedings, the accused typically had no right to legal 
representation, bail, or appeal.
    The courts' procedures did not meet internationally accepted 
standards for fair trials. The administration and implementation of 
justice varied from area to area, as many judges were uneducated or 
poorly trained and based their judgments on a combination of their 
personal understanding of Islamic law and tribal codes of honor. Low 
pay was a factor in reports of widespread corruption. Insecurity and 
pressure from public officials and the family of the accused also 
threatened judicial impartiality.
    During the year, codification and harmonization of laws started; 
however, the Judicial Reform Commission (JRC) and Ministry of Justice 
lacked the capacity to handle the large volume of new and amended 
legislation.
    Defendants had the right to an attorney under the law, but this 
right was inconsistently applied. Citizens' lack of awareness of their 
constitutional rights was a problem, and there was no functioning 
public defender system. Juries were not used, and defendants were not 
allowed to confront or question witnesses.
    A number of regional leaders were suspected of holding political 
prisoners, but there were no reliable estimates of the numbers 
involved.
    On April 20, Abdullah Shah, convicted of mass murder, was executed. 
Human rights groups criticized Shah's execution because they considered 
his trial and appeals process seriously flawed, and they held that Shah 
was a material witness to abuses committed by other prominent Afghans, 
including some members of the current Government.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such action; however, armed 
groups of police officials forcibly invaded and looted the homes and 
businesses of civilians with impunity, due to the absence of a 
responsive and strong police force or legal protection for victims. On 
April 10, troops from the Junbesh and Jamiat parties' military wings 
looted houses during fighting east of Mazar-e-Sharif.
    Police authorities often placed women under detention in prison at 
the request of family members for defying the family's wishes on the 
choice of a spouse, or for other moral offenses. An unknown number of 
women were imprisoned for these reasons. Some women were in detention 
centers because they were runaways from home.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--During 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.
    Interfactional fighting between regional commanders, persistent 
Taliban and al-Qa'ida activity, and criminal activity contributed to 
continued reports of unlawful depravations of life. Militants targeted 
foreigners and local employees of NGOs for unlawful killings. Civilians 
also were killed during fighting between coalition and rebel forces.
    During the year, battles between rival tribes and local commanders 
resulted in numerous civilian casualties. For example, on February 25, 
five employees of an indigenous NGO were killed near Kabul. In April, 
two suspects in the case were arrested. At year's end, the case 
remained ongoing. On June 2, three foreign and two local staff members 
of Doctors Without Borders (MSF) were killed in an ambush in the 
provincial capital of Badghis Province when a car carrying the five 
workers reportedly was hit by gunfire and attacked with grenades. On 
June 10, 11 Chinese construction workers were killed in northern parts 
of the country. Security officials said they arrested 10 militants 
linked to Hizb-e-Islami-Gulbuddin and the Taliban for the killings.
    Militants also targeted civilians and elections officials in a 
campaign to derail national elections. Taliban spokesmen declared that 
all presidential candidates were high priority targets. During the 
year, six election workers were killed and at least seven others 
wounded. On June 27, Taliban fighters stopped a bus carrying 17 
passengers in Uruzgan Province and killed 14 of the 17 passengers for 
possessing voter registration cards.
    Sporadic fighting between forces loyal to General Dostum and 
General Atta continued during the year. On August 14, commander 
Amanullah Khan, and other rivals of Herat Governor Ismail Khan, 
launched an offensive against Ismail Khan's troops. In southern Herat 
alone, at least 21 men, and perhaps dozens more, were killed in the 
initial fighting. Coalition and government forces intervened to halt 
the fighting.
    There were numerous bombings during the year. For example, on June 
26, two female election workers were killed in a bomb blast in 
Jalalabad carried out by the Taliban. On August 28, another bomb blast 
killed nine children and an adult at a school in Paktia Province.
    The Ministry of Interior stated that, of 2 individuals arrested for 
the July 2003 mosque bombing in which 17 persons were injured in 
Kandahar, 1 was released by court order and the other escaped from jail 
in October 2003.
    Police arrested three foreign nationals in July for allegedly 
running a private prison in Kabul and jailing and torturing at least 
eight Afghans as part of a private war on terror. On September 15, a 
court in Kabul handed the group 8- to 10-year prison sentences; their 
four local accomplices received between 1- and 5-year prison sentences.
    Intimidation or violence directed at NGO workers increased during 
the year. During the year, suspected Taliban killed at least 31 aid 
workers, compared to approximately 13 during 2003. For example, the 
Taliban claimed responsibility for the June 2 killing of five employees 
of MSF, including three Europeans, in Badghis Province. On June 9, 
police announced they had arrested 10 suspects.
    The status of two suspects arrested by security forces for the 
killing of two local aid workers in September 2003 was unknown at 
year's end. The two suspects arrested for the November 2003 killing of 
Bettina Goislard, a French United Nations High Commission on Refugees 
(UNHCR) worker in Ghazni Province, were sentenced to death. It was 
believed that the attackers acted with the assistance of Taliban 
remnants and al-Qa'ida terrorists (see Section 1.a.).
    Violence and instability hampered relief and reconstruction efforts 
in different parts of the country, and there were reports by NGOs that 
some local commanders were charging them for the relief supplies they 
were bringing into the country. The delivery of assistance was also 
limited by the difficulties in moving relief goods overland to remote 
areas.
    There was no further significant displacement of Pashtuns and 
others from Faryab, Jawzjan, and Badghis Provinces; however, continued 
harassment and insecurity limited the return of Pashtun families to 
their villages in northern areas. On the border of Nangarhar and Logar 
provinces, an unknown number of persons were killed during heavy 
fighting between rival tribes over natural resources. Sporadic fighting 
and lawlessness remained a hindrance to assistance efforts in the north 
and northwest through much of the year.
    There were no developments in the 2002 investigation of bodies of 
Taliban prisoners in Dasht-i Leili, where international experts found 
evidence of summary execution and death by suffocation.
    Estimates of the remaining number of landmines planted during and 
after the Soviet occupation ranged from 450,000, according to the Halo 
Trust, to 7 million, according to the U.N. 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. During the year, the ICRC recorded 847 new victims of 
mines and other explosive remnants of war. Including unreported 
incidents, the ICRC estimated there were approximately 100 incidents 
per month taking place in the country.
    With funding from international donors, the U.N. organized and 
trained mine detection and clearance teams, which operated throughout 
the country. More than 1.5 million refugees and internally displaces 
persons (IDPs) returned to areas cleared of mines and unexploded 
ordnance. U.N. agencies and NGOs conducted a number of educational 
programs and mine awareness campaigns for women and children in various 
parts of the country.
    Continued warfare, as well as prolonged and severe drought, also 
resulted in the involuntary displacement of civilians.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Article 34 of the Constitution 
provides for freedom of speech and of the press; however, some senior 
officials, particularly at the local level, attempted to intimidate 
journalists and influence their reporting. The 2002 Press Law contained 
an injunction against information that ``could mean insult to the 
sacred religion of Islam and other religions.'' The ambiguity about 
offensive material offered the potential for abuse of this clause in 
order to restrict press freedom. On April 1, President Karzai signed an 
amended Press Law following its review by the Ministry of Information 
and Culture. The new law retains the broad and vague content 
restriction on ``subjects that are contrary to principles of Islam and 
offensive to other religions and sects,'' but excludes any reference to 
Shari'a and created a government commission with powers to decide 
whether journalists accused of violating the law should face court 
prosecution or an administrative punishment, such as a fine.
    The independent media were active and publicly reflected differing 
political views, although this varied from region to region. The 
Government owned at least 35 publications and most of the electronic 
news media. Many other newspapers were published only sporadically, and 
many were affiliated with different provincial authorities. Factional 
authorities tightly controlled media in some parts of the country, and 
the degree of freedom of expression varied significantly between 
regions. The foreign media was covered under the freedom of speech law; 
however, they were prohibited from commenting negatively on the Islamic 
religion and from publishing materials that were considered a threat to 
the President.
    During the year, some government departments were predisposed to 
crack down on journalists, and members of the intelligence service 
reportedly intimidated and threatened journalists. General unspecified 
threats against media organizations were also a common occurrence.
    While some independent journalists and writers published magazines 
and newsletters, according to Reporters Without Borders, circulation 
largely was confined to Kabul, and many publications 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, some radio and television stations were 
under the control of local authorities. There were approximately 300 
publications, 40 radio stations, and several television stations in the 
country. Mazar-e-Sharif alone had an estimated 50 publications. On 
September 12, the first independent radio station established entirely 
by private sector funds was inaugurated in Ghazni Province.
    Journalists were subjected to harassment, intimidation, and 
violence during the year. In June, authorities in Herat interfered in 
the functioning of an independent women's community radio station, 
Radio Sahar. The situation was resolved through negotiation and 
dialogue with the authorities, according to Internews. In August, the 
Ministry of Information and Culture announced the creation of a 
commission of religious clergy to monitor the media, but its authority 
in practice to censor content was not specified.
    In June 2003, police briefly arrested the editors of the weekly 
newspaper Aftaab and shut down the newspaper for allegedly contravening 
the old press law's injunction against anti-Islamic content. The 
charges were eventually dropped; however, the newspaper never resumed 
publication.
    On August 5, authorities announced the arrest of a man suspected of 
involvement in the killing of four journalists in 2001. The case 
remained open at year's end. In April 2003, five other suspects were 
arrested--two of whom confessed, according to authorities--for 
suspected involvement in the killing. Their status was unknown at 
year's end.
    There were a few reports that government forces prohibited music, 
movies, and television on religious grounds. For example, in January, 
the Supreme Court briefly stopped a television station from airing 
female singers. The Government lifted the ban in late January, saying 
female singers on television were permitted under the new Constitution. 
In April, officials in Nangarhar Province briefly banned the 
performance of female singers on television and radio; however, this 
decision was reversed a few days later. The central Government has not 
banned any form of media, although there was a brief ban on cable 
television in early 2003. Cable operators provided a wide variety of 
channels, including Western movie and music channels. The Government 
did not restrict the ownership of satellite dishes by private citizens.
    The Government did not limit or block Internet access during the 
year.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, association, and the right to form 
political parties without prior permission; however, this right was 
restricted in practice. Insecurity and interference from local 
authorities inhibited freedom of assembly and association in some areas 
outside Kabul. Political parties based on ethnicity, language, Islamic 
school of thought, and region were not allowed; however, political 
parties generally were able to conduct activities throughout the 
country without opposition or hindrance, except in regions where 
antigovernment violence affected overall security (see Section 3). The 
October 2003 Political Parties Law obliges parties to register with the 
Ministry of Justice and requires political parties to pursue objectives 
that are consistent with the principles of Islam. There was a report 
that Noorulhaq Olomi's Afghanistan National United Party was denied the 
right to registration, allegedly because Noorulhaq was a communist, 
despite meeting all legal requirements (see Section 3).
    In Herat Province, party activists did not conduct political 
activities openly because of Governor Ismail Khan's intolerance of 
political activities. On June 18, police in Kabul allegedly disrupted 
and threatened a meeting of party activists; however, the police denied 
this incident. On September 12, Afghan security forces killed seven 
demonstrators in Herat. In September, demonstrators protesting the 
removal of Ismail Khan as Governor allegedly attacked U.N. offices and 
government-allied forces.

    c. Freedom of Religion.--The new Constitution proclaims that Islam 
is the ``religion of the state,'' but provides that non-Muslim citizens 
are free to perform their rituals within the limits determined by laws 
for public decency and public peace; however, there was some harassment 
of foreign missionaries and others. The Constitution also declares that 
no law can be contrary to the beliefs and provisions of the sacred 
religion of Islam. The new Constitution does not grant preferential 
status to the Hanafi school of Islamic jurisprudence associated with 
the Sunnis, and makes no reference to Shari'a law. The Government 
continued a policy of religious tolerance during the year; however, 
custom and law required all citizens to profess a religious 
affiliation.
    Historically, the minority Shi'a community faced discrimination 
from the majority Sunni population. The authorities did not require 
licensing and registration of religious groups in any part of the 
country. There were no laws forbidding proselytizing, although 
proselytizing was viewed as contrary to the beliefs of Islam. Blasphemy 
and apostasy were in theory punishable by death under the current, 
unreformed penal code. In early September, the Supreme Court ruled that 
presidential candidate Latif Pedram be disqualified for making 
allegedly un-Islamic remarks in public. After some government offices, 
the AIHRC, and the international community questioned the 
constitutionality of this ruling, Pedram was allowed to remain in the 
race.
    Public school curriculums included religious subjects, but 
religious leaders conducted detailed religious study. Non-Muslims were 
not required to study Islam, and there was no restriction on parental 
religious teaching.
    The Shi'a religious affiliation of the Hazaras was historically a 
significant factor leading to their repression, and there was continued 
social discrimination against Hazaras.
    Militants sometimes harassed foreign missionaries and other 
religiously oriented organizations. There was an unconfirmed report 
that the Taliban killed a former Muslim cleric on June 30, allegedly 
for preaching Christianity. There were unconfirmed allegations that 
converts to Christianity faced societal discrimination and threats.
    Sikhs and Hindus returning to the country faced difficulties in 
obtaining housing and land in Kabul and other provinces. Both 
communities did not receive land on which to cremate their dead; 
however, unlike in previous years, the Hindu and Sikh communities 
reportedly did not face any acts of discrimination.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights; however, certain laws limited citizens' movement. The passport 
law requires women to obtain permission from a male family member 
before having a passport application processed. In some areas of the 
country, women were forbidden by local custom or tradition to leave the 
home except in the company of a male relative. The law also prohibits 
women from traveling alone outside the country without a male relative, 
and male relatives must accompany women participating in Hajj. 
Additionally, sporadic fighting, brigandage and landmines hampered 
travel within the country. Despite these obstacles, many men and women 
continued to travel relatively freely, with buses using routes in most 
parts of the country.
    Taxi, truck, and bus drivers complained that militia and police 
personnel operated illegal checkpoints and extorted them for money and 
goods; however, the number of such checkpoints decreased during the 
year. In March, local militants shot and injured a police chief at an 
illegal checkpoint in Mazar-e-Sharif.
    The Constitution prohibits forced exile, and the Government did not 
use either forced internal or external exile in practice.
    There were estimates that up to 165,000 persons were displaced 
internally. However, during the year, over 750,000 refugees and a 
modest number of IDPs were resettled. Since 2002, over 3 million 
citizens have returned to the country. Women and children constituted 
75 percent of the refugee population. Refugee returnees settled 
primarily in urban areas and 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 to the country. For 
example, in mid-August, refugees returning from Iran were stranded for 
several days due to fighting between different provincial governors and 
warlords in and around Herat Province (see Section 1.a.).
    Ethnic Hazaras prevented some Kuchi nomads from returning to 
traditional grazing lands in the central highlands for a number of 
reasons, including allegations that the Kuchis were pro-Taliban and 
thus complicit in the massacres perpetrated against Hazaras in the 
1990s. Hazaras also found difficulty in returning to the country. In 
December, a local leader from Karukh district in Herat blocked the 
return of approximately 200 Hazara refugees from Iran.
    According to the U.N., 100,000 Pashtuns, displaced from northern 
areas after 2001 because their ethnic group was closely associated with 
the Taliban regime, remained displaced.
    The Government has not established a system for providing 
protection for refugees or those seeking asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right for the first 
time on October 9, directly electing Hamid Karzai from a slate of 18 
candidates. Karzai received 55.4 percent of votes cast in an election 
that was deemed acceptable to the majority of Afghans.
    A Constitutional Loya Jirga (CLJ) approved a new Constitution on 
January 4, replacing the 1964 Constitution in operation under the 2001 
Bonn Agreement. According to HRW, local authorities used fraud and 
intimidation to get their supporters elected to the CLJ; however, other 
reports, including those prepared by the U.N., suggested that 
intimidation was localized and did not significantly affect the outcome 
of elections.
    At the CLJ, there were 502 delegates, 100 women and 402 men. The 
then-Interim President, Hamid Karzai, appointed 52 of the delegates, 
while the rest were elected. Of the 52 appointed delegates, 25 were 
women and 27 were men. Debate was intense during the CLJ, and citizens 
had the opportunity to question senior leaders; however, some observers 
criticized the proceedings for alleged vote buying and intimidation. 
According to HRW, some delegates expressed alarm at the intrusive 
presence of agents from the Government's intelligence service. Also 
participating in the CLJ were representatives of refugees, IDPs, 
Kuchis, Hindus and Sikhs, and persons with disabilities.
    The Government did not ban any political parties, other than the 
Taliban; however, the Supreme Court banned communists from forming a 
political party because it alleged that communists were atheists. The 
Ministry of Justice courted claims of selective discrimination because 
it avoided registering the National Unity Party, whose leaders were 
former communists, although the party met all legal requirements for 
registration. During the year, approximately 40 accredited political 
parties registered with the Ministry of Justice and began preparing for 
national elections.
    Political parties generally were able to conduct activities 
throughout the country without opposition or hindrance, except in 
regions where antigovernment violence affected overall security. Joint 
reports by UNAMA and AIHRC revealed that officials sometimes interfered 
with political parties, mainly due to a lack of awareness of citizens' 
political rights. Political parties also exercised significant self-
censorship. Political activities were visibly discouraged or curtailed 
in some parts of the country. For example, the Republican Party's 
activities were restricted in provinces that were controlled by Ismail 
Khan and General Rashid Dostum. However, UNAMA and AIHRC's conclusions 
were that political freedom improved substantially and steadily during 
the year.
    There was widespread public perception of corruption in the 
executive branch of government, including the involvement of officials 
up to the ministerial level in the illegal narcotics trade. However, no 
visible actions were taken to combat corruption beyond public 
statements by government officials.
    Article 50 of the Constitution provides citizens the right to 
access government information, except where this right might violate 
the rights of others. The national Government generally provided such 
access in practice, but officials at the local level were less 
cooperative.
    The Constitution reserves 2 seats from each province in the lower 
house of Parliament specifically for women, for a total of 68. There 
were two women in President Karzai's ethnically inclusive Cabinet. The 
chairperson of the AIHRC was also a woman. There were two women on the 
6-member Interim Electoral Commission. The CLJ included 100 female 
delegates. The Constitution requires that 2 seats in each province must 
be filled by women in Parliament, 3 seats by religious scholars, 11 
seats by refugees in Iran, 13 seats by refugees in Pakistan, 9 seats by 
Kuchis, and 6 seats by IDPs.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were somewhat cooperative and responsive to their views. Some of these 
human rights groups were based in Pakistan, with branches inside the 
country. The lack of security and instability in some parts of the 
country severely reduced NGO activities in these areas. In the first 
half of the year, suspected Taliban members fired on NGO vehicles, 
attacked NGO offices, and killed at least 31 aid workers (see Sections 
1.a. and 1.g.). During rioting in Herat to protest Governor Ismail 
Khan's removal, protestors burned U.N. agencies' offices and the 
provincial office of the AIHRC. MSF suspended its activities after five 
of its employees were killed on June 2, claiming government inaction on 
security and apprehending the killers. Police later arrested several 
suspects in the case (see Section 1.g.).
    NGOs accused Minister of Planning Ramazan Bashardost of indirectly 
contributing to violent attacks on NGOs through his repeated critical 
public remarks about their activities and functioning.
    Local employees ran several international NGOs, including Global 
Rights (formerly International Human Rights Law Group) and HRW, which 
monitored the situation inside the country.
    The AIHRC, created by Article 58 of the Constitution, continued its 
role in addressing human rights problems within the country. The 11-
member appointed commission generally acted independently of the 
Government, often voicing strong criticism of government institutions 
and actions, and accepting and investigating complaints of human rights 
abuses. During the year, the AIHRC established three field offices 
outside Kabul. The ICRC visited some of the AIHRC field offices and 
collaborated with AIHRC on some human rights abuse cases. During the 
year, the AIHRC assisted the ICRC in sharing information on detention 
cases and issues of national prison monitoring.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for the equal rights of men and women; 
however, some local customs and practices that discriminated against 
women generally prevailed in much of the country. The severity of 
discrimination varied from area to area, depending on the local 
leadership's attitude toward education for girls and employment for 
women, and on local customs. Historically, the minority Shi'a faced 
discrimination from the majority Sunni population.

    Women.--Women in urban areas regained some measure of access to 
public life, education, health care, and employment; however, the lack 
of education perpetuated during the Taliban years, and limited 
employment possibilities, continued to impede the ability of many women 
to improve their situation. In February, the Government established the 
first unit of female police, and small numbers of women began to join 
the police force during the year.
    Violence against women persisted, including beatings, rapes, forced 
marriages, and kidnappings. Such incidents generally went unreported, 
and most information was anecdotal. The Ministry of Women's Affairs 
estimated that more than 50 percent of marriages involved women under 
16, the legal minimum age of marriage for women. It was difficult to 
document rapes, in view of the social stigma that surrounded them. 
Information on domestic violence and rape was limited. In the climate 
of secrecy and impunity, domestic violence against women and rape 
remained a serious problem.
    Women composed 7 out of the 35 members of the Constitutional 
Commission set up before the CLJ. Women also participated actively in 
the CLJ proceedings (see Section 3); however, some women delegates 
denounced their colleagues in the CLJ for attempting to shut them out 
of leadership positions. One woman served as Deputy Chairwoman of the 
CLJ and chaired several sessions of the CLJ, and others held positions 
of responsibility in the working groups. Women were able to question 
leaders openly and discussed inter-gender issues during the CLJ. 
Massouda Jalal, who challenged and lost to President Karzai in the 2002 
race for ELJ president, was one of 18 candidates in the October 9 
presidential election. There were also 3 female vice-presidential 
running mates in the election, and 41 percent of all registered voters 
were women.
    In detention facilities, there were 136 women, many of whom were 
imprisoned at the request of a family member. Many of the incarcerated 
opposed the wishes of the family in the choice of a marriage partner, 
were accused of adultery, or 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. Some women 
resided in detention facilities because they had run away from home due 
to domestic violence or the prospect of forced marriage, and there were 
no shelters for women in this situation. There were approximately eight 
detention centers for women in the country.
    In previous years, women in the north, particularly from Pashtun 
families, were the targets of sexual violence perpetrated by commanders 
from other ethnic groups. During the year, there were at least four 
credible reports of soldiers and commanders loyal to local warlords 
raping girls, boys, and women in provinces in the eastern, 
southeastern, and central part of the country. In one of these cases, a 
perpetrator was arrested and his trial was ongoing at year's end.
    There were growing concerns about women committing self-immolation, 
most often conducted in order to escape from oppressive family 
circumstances, such as forced marriage. Although comprehensive and 
accurate statistics were not available, hospital doctors reported that 
self-immolations were increasingly common among young women in the 
western part of the country. Self-immolation was also reported to be 
particularly high in Farah Province. The AIHRC investigated 300 cases 
by year's end. Reports of suicide among women were often related to 
forced marriages. In September 2003, a fatwa was issued that allowed a 
woman to marry again if her husband was missing more than 4 years. 
There were reports of death threats against women activists.
    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; in some 
areas, women were forbidden to leave the home except in the company of 
a male relative (see Section 2.d.). According to the Institute for 
Media, Policy and Civil Society (IMPACS), women in Logar were 
prohibited from traveling to the area of town where a community radio 
station was based, and male journalists often were not allowed to 
interview women for their reports.
    Many women continued to wear the burqa because of conservative 
traditions and fear of harassment or violence; however, this varied 
greatly among regions. Cases of local authorities policing aspects of 
women's appearance, to conform to a conservative interpretation of 
Islam and local customs, appeared to have diminished. Government-owned 
media allowed female singers on television over the objectives of 
religious conservatives, effectively ending a ban dating to 1992 (see 
Section 2.a.). In February, authorities in Herat closed a driving 
school for women.
    A report released by the International Organization for Migration 
in 2003 claimed that trafficking was an increasing problem. Human 
rights violations related to trafficking take the form of forced labor, 
forced prostitution, and sexual exploitation of children (see Section 
5, Trafficking).
    Government regulations prohibited married women from attending high 
school classes; however, during the year this regulation was changed, 
and married women are allowed to attend high school classes.
    Women continued to be denied access to adequate medical facilities. 
According to the AIHRC, nearly 40 percent of the 756 basic primary-
health facilities in 2002 had no female workers, a major deterrent for 
women because societal barriers discouraged them from seeking care from 
male health workers.

    Children.--The Constitution makes education to the intermediate 
level mandatory, and provides for free education to the college, or 
bachelor's degree level. 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. 
A back-to-school campaign launched by the Ministry of Education and 
coalition supporters increased school enrollment from 4.2 million 
children in 2003 to over 4.8 million during the year.
    UNICEF reported that 34 percent of children enrolled in school were 
girls, although this figure hid large disparities from province to 
province, with enrollment as low as 15 percent in some, and an 
estimated 1.5 million school-age girls not yet enrolled in classes. 
Since 2002, the number of girls attending school had increased by over 
30 percent. Southern provinces also showed a net increase of about 30 
percent, despite higher levels of insecurity and conflict.
    Nevertheless, lack of teachers and materials as well as security 
concerns remained deterrents to girls' education. In some parts of the 
country, access to education was further impeded by violence in which 
schools, teachers, and students were threatened or physically attacked. 
For example, two girls' schools were partially destroyed in attacks in 
Badakhshan and Farah on February 19 and March 2, respectively. Similar 
attacks on schools in general took place throughout the year. There 
were approximately 40 attacks on girls' schools during 2003.
    While most girls throughout the country were able to attend school, 
a climate of insecurity persisted in some areas. On April 28, suspected 
Taliban burned and destroyed two primary schools in Kandahar Province. 
Girls' schools also continued to be the target of attacks by Taliban 
and other extremists (see Section 6.a.). The Government and 
international donors built more than 2,000 schools during the year.
    Child abuse was endemic throughout the country. Abuses ranged from 
general neglect, physical abuses, abandonment, and confinement to work 
in order to pay off families' debts. There were no child labor laws or 
other legislation to protect child abuse victims (see Section 6.d.).
    Children did not have adequate access to health care, and only one 
children's hospital existed in the country; however, it was not 
accessible to citizens in distant provincial districts outside Kabul.
    Child trafficking was widespread and continued to be a problem 
during the year (see Section 5, Trafficking).
    Police were investigating 85 cases of children reportedly kidnapped 
and killed for their organs.
    In May 2003, President Karzai issued a decree that prohibited the 
recruitment of children and young persons under the age of 22 to the 
Afghan National Army. UNICEF initiated a program that demobilized and 
reintegrated approximately 5,000 of an estimated 8,000 former child 
soldiers. Afghan militias, including the Taliban and Northern Alliance, 
used child soldiers in past years (see Section 6.d.).

    c. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, traffickers were prosecuted under other 
legislation. The country was a source and transit point for trafficked 
persons. An International Organization for Migration (IOM) report 
released in late 2003 reported qualitative and anecdotal evidence of 
increased trafficking in girls and children to Pakistan, Iran, and the 
Gulf States; however, the lack of systematic monitoring and crime 
statistics in general prevented a quantitative assessment of the scale 
of the problem. The few quantitative data available suggested that 
trafficking in children, mainly boys, was the predominant form of 
trafficking, at least across borders. An IOM report released during the 
year confirmed that the buying and selling of women and girls 
continued.
    Some girls reportedly were kept in brothels. There were continued 
reports of poor families 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. UNICEF cited unconfirmed reports of the abduction 
of women and children in the southern part of the country. Although 
prosecutions of traffickers increased, and the Government devoted 
greater attention to trafficking in persons during the year, 
prosecution of perpetrators continued to be inconsistent. During the 
year, the AIHRC received 198 reports of child trafficking, and there 
were approximately 20 arrests and 7 convictions of child traffickers. 
The Ministry of Interior reported 198 cases of kidnapping in 2003, but 
it was unclear how many of these cases had a trafficking element. 
President Karzai issued a decree mandating the death penalty for child 
traffickers convicted of murder, and lengthened prison terms. 
Trafficking victims, especially those trafficked for sexual 
exploitation, faced societal discrimination, particularly in their home 
villages, and the risk of contracting sexually transmitted diseases.
    At year's end, according to the AIHRC, approximately 314 children 
were repatriated after having been allegedly trafficked to Saudi 
Arabia, Pakistan, Zambia, and Oman. The Ministry of Labor and Social 
Affairs, with the assistance of UNICEF, set up a transit center to 
assist with these returns, and other agencies such as the AIHRC helped 
with the children's reunification and reintegration.

    Persons With Disabilities.--The Constitution commits the State to 
assist persons with disabilities and protect their rights; however, the 
Government took no measures to mandate accessibility for persons with 
disabilities
    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. 
During the year, the Disabled Sports Federation was established, with 
approximately 1,000 members across the country. The first center for 
children with cerebral palsy was inaugurated in Kabul on May 17, 
offering physiotherapy, counseling, and training courses.

    National/Racial/Ethnic Minorities.--During the year, social 
discrimination against Hazaras and other Shi'as continued. Pashtuns in 
Herat Province accused Governor Ismail Khan, a Tajik, of discrimination 
and abuses against their ethnic group. The nomadic Kuchis expressed 
concern that the voter registration process underrepresented their 
population; however, the Government and the Joint Electoral Management 
Body (JEMB) worked with this group to address their concerns.

    Other Societal Abuses and Discrimination.--The law criminalizes 
homosexual activity, and this was enforced in practice. In August, a 
foreign national was arrested in Kabul, initially on the charge of 
homosexual rape; however, the charges were later dropped.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and a mixture of 
labor laws from earlier periods provide broad provisions for protection 
of workers; however, little was known about their enforcement or 
practices. Labor rights were not understood outside of the Ministry of 
Labor, and workers were not aware of their rights. There was no 
effective central authority to enforce them. The only large employers 
in Kabul were the minimally functioning ministries and local and 
international NGOs.

    b. The Right to Organize and Bargain Collectively.--The law does 
not provide for the right to strike; however, 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 are no export processing zones.

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

    d. Prohibition of Child Labor and Minimum Age For Employment.--The 
Constitution prohibits children under the age of 15 from working 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, collecting paper, scrape 
metal and firewood, shining shoes, and begging. Some of these practices 
exposed children to the danger of landmines.

    e. Acceptable Conditions of Work.--There was no available 
information regarding a statutory minimum wage or maximum workweek, or 
the enforcement of safe labor practices. Many workers were allotted 
time off regularly for prayers and observance of religious holidays.

                               __________

                               BANGLADESH

    Bangladesh is a parliamentary democracy, with broad powers 
exercised by the Prime Minister. Khaleda Zia, leader of the Bangladesh 
Nationalist Party (BNP), became Prime Minister following parliamentary 
elections in 2001, deemed to be free and fair by international and 
domestic observers. The 2001 elections, supervised by a nonparty 
caretaker government, took place in a climate of sporadic violence and 
isolated irregularities. The higher levels of the judiciary displayed 
some degree of independence and often ruled against the Government; 
however, the judiciary was subject to influence from the executive and 
the legislature. Lower judicial officers were reluctant to challenge 
government decisions and suffered from corruption.
    The Home Affairs Ministry controls the police and paramilitary 
forces, which have primary responsibility for internal security. The 
army is responsible for external security but also occasionally has 
been given domestic security responsibilities. The Government created a 
new police unit, the Rapid Action Battalion (RAB), composed of 
personnel from different law enforcement and security agencies, 
including the military, to deal with violent criminals. The civilian 
authorities maintained effective control of the security forces. The 
RAB and security forces committed human rights abuses and were rarely 
disciplined, even for egregious actions. Police were often reluctant to 
pursue investigations against persons affiliated with the ruling party, 
and the Government frequently used the police for political purposes. 
Members of the security forces committed numerous serious human rights 
abuses.
    The country had a primarily agricultural and market-based economy; 
however, the Government owned most utility companies, some transport 
companies, and many large manufacturing and distribution firms. The 
population for the year was estimated at 140 million. The economic 
growth rate was 5.5 percent. Wages and benefits kept pace with the 
relatively low rate of inflation. General strikes, often politically 
motivated, took a heavy toll on the economy, as did monsoon flooding 
that caused damage to crops and infrastructure.
    The Government's poor human rights record worsened, and the 
Government continued to commit numerous abuses. Security forces 
committed a number of extrajudicial killings. The police; the 
paramilitary organization, Bangladesh Rifles (BDR); the auxiliary 
organization, Ansar; and the military deputed to the RAB used 
unwarranted lethal force. Police often employed excessive, sometimes 
lethal, force in dealing with opposition demonstrators, and police and 
RAB personnel routinely employed physical and psychological torture 
during arrests and interrogations. Prison conditions were extremely 
poor and were a contributing factor in some deaths in custody. Police 
corruption remained a problem. Nearly all abuses went unpunished, and 
the climate of impunity, reinforced by 2003 legislation shielding 
security forces from legal challenge of their actions, remained a 
serious obstacle to ending abuse and killings. Violence, often 
resulting in deaths, was a pervasive element in the country's politics. 
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. Press reports of 
vigilante killings were common. 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. Violence and 
discrimination against women remained serious problems, as did 
trafficking in women and children for the purpose of prostitution and 
at times for forced labor. Abuse of children and child prostitution 
were problems. Religious freedom was restricted, and societal 
discrimination against religious minorities, persons with disabilities, 
and indigenous persons, was a problem. The Government limited worker 
rights, especially in the Export Processing Zones (EPZs), and child 
labor and abuse of child workers remained widespread.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Security forces 
committed numerous politically motivated and extrajudicial killings. 
The police, the BDR, and the RAB used unwarranted lethal force.
    During the year, there were an increased number of killings by 
security personnel (see Section 1.c.). Nearly all abuses went 
uninvestigated and unpunished. The resulting climate of impunity 
remained a serious obstacle to ending abuse and killings. In the few 
instances where charges were levied, punishment of those found guilty 
was predominantly administrative. According to press reports, the RAB 
killed 79 persons during the year in an ongoing anticrime operation. 
There were also reports of crossfire deaths at the hands of police. The 
deaths, all under unusual circumstances, occurred while the accused 
were in custody and during police operations; however, the Government 
described the deaths of some identified criminals as occurring in 
crossfire between the RAB and crime gangs.
    On July 15, a RAB team arrested opposition Awami League (AL) 
activist Sumon Ahmed Majumder, a witness to the May 7 killing of AL 
legislator Ahsanullah Master. Sumon later died at the hospital after 
his arrest, and independent human rights investigators determined that 
Sumon died from torture while in the custody of the RAB. At year's end, 
no one was charged for Sumon's death, while the Government charged 
Sumon for extortion.
    On August 5, RAB members killed a criminal, Pichchi Hannan, in a 
crossfire incident. Hannan was arrested on June 26 and was killed in a 
predawn shootout between RAB members and Hannan affiliates while Hannan 
was reportedly trying to escape. The Government made no inquiry into 
Hannan's death.
    During the year, the court dismissed the case against police 
accused in the July 2003 killing of Mobarak Hossain.
    Violence, often resulting in deaths, was a pervasive element in the 
country's politics and increased during the year (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, 526 persons were killed and 6,235 injured in 
politically motivated violence during the year (see Sections 1.c., 
1.d., and 2.a.).
    On May 7, gunmen killed AL legislator Ahsanullah Master at a party 
meeting in Tongi. On July 10, police filed charges against 30 persons, 
including a youth front leader of ruling BNP, accusing them of the 
killing. The case remained open at year's end.
    On May 21, an explosion at a Muslim shrine in Sylhet killed several 
persons and injured dozens of others, including the British High 
Commissioner to Bangladesh, Anwar Chowdhury. The Government did not 
conduct a serious investigation, and no charges were filed.
    On August 21, a series of explosions at a rally in Dhaka, where AL 
president Sheikh Hasina was speaking, killed at least 20 persons, 
including the AL women's affairs secretary Ivy Rahman, and injured 
several hundred others. On August 22, the Government formed a judicial 
commission to investigate the incident, and on October 2, the 
commission submitted its report to the Government. Although the 
Government did not release the report, newspapers stated that the one-
member inquiry commission hinted at the involvement of a foreign 
intelligence agency in masterminding the attack and executing it with 
internal assistance.
    There were no developments in the case of the 1975 killing of 
Sheikh Mujibur Rahman. On October 20, the Dhaka Metropolitan Court 
acquitted five BNP members, sentenced three army officers and nine 
others to life in prison, and sentenced three others to death for the 
1975 jail killing case of four AL politicians.
    Vigilante killings and killings by mobs were common. On February 9, 
mobs beat and killed four alleged members of a banned leftist group in 
Khulna and Bagerhat. On April 1, a vigilante, identifying himself as 
``Bangla Bhai'' or Brother of Bengal, launched an anticrime campaign in 
the northern district of Rajshahi and adjoining areas, initially with 
support from police. Several alleged criminals belonging to an outlawed 
leftist group were killed in the vigilante campaign, which continued 
for approximately 2 months until the Government ordered Bangla Bhai's 
arrest in response to criticism by the press and opposition parties. At 
year's end, Bangla Bhai remained free and in hiding. On September 26, a 
mob burned to death three alleged robbers on Free School Street in 
Dhaka.
    During the year, no government action was taken in the case 
involving the November 2003 police response to a protest at Narayanganj 
(see Section 6.b.).
    Violence along the border with India remained a problem. Domestic 
human rights nongovernmental organizations (NGOs) reported that Indian 
border forces killed as many as 76 citizens during the year. According 
to press accounts and human rights groups, border violence claimed 
several hundred citizens' lives during the past 6 years.

    b. Disappearance.--Disappearances and kidnappings were problems 
during the year. According to press accounts monitored by the 
Bangladesh Society for the Enforcement of Human Rights (BSEHR), a total 
of 344 kidnappings took place during the year. According to Odhikar, 
another human rights organization, 28 persons were kidnapped for 
political reasons during the year. Kidnapping for profit remained a 
serious problem. For example, on February 23, Hasan Mahbub Bablu, 
manager of a resort hotel in Bandarban Hill District, was freed after 
his family reportedly paid a ransom of more than $25,400 (taka 1.5 
million) for his release after 3 weeks of captivity. In general, 
released victims were unwilling to admit to ransom payment for fear of 
further attack, and it was difficult to verify such reports. There were 
no major developments in the July 2003 kidnapping of BNP leader and 
prominent businessman Jamaluddin Chowdhury from Chittagong.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and cruel, inhuman, or 
degrading punishment; however, police and the RAB routinely employed 
physical and psychological torture as well as cruel, inhuman, and 
degrading treatment during arrests and interrogations. Torture 
consisted of threats and beatings, and the use of electric shock. 
According to the Bangladesh Rehabilitation Center for Trauma Victims, 
there were 1,959 victims of torture and 42 deaths due to torture by 
security forces during the year (see Sections 1.a., 1.d., and 2.a.). 
Another human rights organization, Ain-O-Shalish Kendro (ASK), reported 
26 deaths due to torture during the year. The Government rarely 
charged, convicted, or punished those responsible, and a climate of 
impunity allowed such police abuses to continue.
    On May 14, in Chittagong, a team of Anwara police picked up retired 
schoolteacher Abu Ahmed Master, took him to the police station, and 
kicked and beat him. Upon his son's arrival at the station, the 
officer-in-charge demanded $847 (taka 50,000) and threatened to kill 
his father. Police released Master early in the morning on May 15, upon 
payment of the bribe. The District Anti-Corruption office investigated 
the incident and submitted a report, and at year's end, the case 
remained open. On August 10, police sergeant Altaf Hossain Mollah hung 
Aminul Kabir Sumon upside down from the ceiling of Wari police outpost, 
spinning him until he lost consciousness. Sumon, a reporter for the 
Bangladesh Crime News Agency, was in Dhaka seeking Altaf's comment on 
allegations of his complicity in trafficking and prostitution. The 
Government suspended Altaf but took no further action.
    According to BSEHR, there were 11 incidents of rape by law 
enforcement personnel or other officials during the year. On December 
18, in Chuadanga, police took Dolly Khatun to a police camp for 
questioning, where 14 police officers subsequently raped her. 
Responding to public outcry, the Government withdrew all 14 policemen 
from duty and arrested 5 of them. On December 21, Khatun filed criminal 
charges against the policemen. The case remained open at year's end. In 
most cases, law enforcement personnel accused of rape and torture were 
not investigated; however, in some instances the Government took 
action. In September, three policemen convicted of raping and killing a 
teenage girl in Dinajpur in 1995 were hanged inside Rangpur prison. In 
some cases, women were often detained in ``safe custody'' after 
reporting a rape (in reality, confined in jail cells), where they 
endured poor conditions and were sometimes abused and raped again (see 
Section 5).
    Human rights groups and press reports indicated that vigilantism 
against women for perceived moral transgressions occurred in rural 
areas, often under a fatwa (see Section 2.c.), and included punishments 
such as whipping. The press monitoring unit of ASK recorded 35 
incidents of fatwa during the year. In these cases, seven 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 to some custodial deaths. During the year, 103 persons died in 
prison while 240 others died in the custody of police and other 
security forces, either in an encounter or in security forces' or 
police custody (see Section 1.a.). All prisons were overcrowded and 
lacked adequate facilities. Government figures indicated that the 
existing prison population of 76,148 was nearly 300 percent of the 
official prison capacity of 25,823. Of the entire prison population, 
52,137 were awaiting trial, 23,536 had been convicted, and 36 were 
detained without any charges, according to figures received by a human 
rights organization. In most cases, cells were so crowded that 
prisoners slept in shifts.
    Juveniles were required by law to be detained separately from 
adults; however, in practice, due to a lack of facilities, many were 
incarcerated with adult prisoners. In April 2003, the High Court 
directed the Government to house accused juveniles apart from other 
prisoners and to transfer them to correctional homes expeditiously. The 
Court also directed the Government to include child rights' 
organization representatives on the list of nonofficial jail visitors. 
Pretrial detainees were not held separately from convicted prisoners.
    Women were detained separately from men but faced the same 
extremely poor conditions.
    Although the law prohibits women in safe custody from being housed 
with criminals, in practice, no separate facilities existed. In 2002, 
the Government began transferring women in safe custody to homes for 
vagrants or NGO-run shelters, where available.
    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 or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, authorities frequently 
violated these provisions, even in nonpreventive detention cases. The 
Constitution specifically allows preventive detention, with specified 
safeguards, and provides for the detention of individuals on suspicion 
of criminal activity without an order from a magistrate or a warrant. 
The Government arrested and detained persons arbitrarily and used 
national security legislation such as the Special Powers Act (SPA) of 
1974 to detain citizens without filing formal charges or specific 
complaints.
    Police were organized nationally. Other security forces were 
charged with policing border areas and were asked to perform anticrime 
drives. Police were seen as ineffective, often reluctant to investigate 
persons affiliated with the ruling party, and were thought to be used 
frequently for political purposes by the Government. There was 
widespread corruption and a severe lack of resources, training, and 
discipline. In February 2003, the Parliament adopted legislation to 
shield security forces from legal consequences for their acts during 
the countrywide anticrime drive known as Operation Clean Heart, which 
resulted in an estimated 50 deaths and an unknown number of torture 
victims. The Joint Drive Indemnity Act barred persons from seeking 
justice through the courts for the deaths and human rights violations 
that occurred during the drive, which began in 2002 and ended in 
January 2003. In April 2003, the High Court issued a notice to the 
Government regarding the legality of the Indemnity Act, but there were 
no developments at year's end. The Government established the RAB, a 
better-equipped, new police unit drawing personnel from other police 
units and other security agencies, including the military, and 
developed some plans for overall police reform, but few concrete steps 
were taken to address human rights problems and the RAB committed 
serious human rights violations. Victims of police abuse were generally 
reluctant to file cases against police, as there was no independent 
body charged with investigation of criminal allegations against members 
of the police force.
    The law does not provide for the use of warrants in all cases. 
Section 54 of the Criminal Procedure Code and Section 86 of the Dhaka 
Metropolitan Police (DMP) Ordinance provide for the detention of 
persons on the suspicion of criminal activity without an order from a 
magistrate or a warrant, and the Government regularly arrested persons 
without formal charges or specific complaints. Both ordinances were 
misused during the year. Mass arrests, often politically motivated, 
continued to occur. According to Odhikar, in the Dhaka Metropolitan 
Area, a total of 4,126 persons were arrested from January through 
August of the year under Section 54 and another 58,722 under Sections 
86 and 100 of the DMP Ordinance.
    Authorities used Sections 54 and 86 to detain persons on false 
charges as punishment for the expression of views critical of or 
different from the Government. On September 24, in Dhaka, police 
arrested large numbers of opposition party members prior to the 
opposition's planned public rallies on October 3. The High Court, 
following the filing of a petition from human rights NGOs, barred 
police from arresting any citizen under Section 86 until October 3; 
however, police continued to arrest persons under section 54. The 
Constitution provides for the right to a prompt judicial determination; 
however, this was rarely enforced in practice. For example, on August 
5, the Bangladesh National Women Lawyers' Association (BNWLA) filed a 
petition seeking release of Shama Nishat, a 14-year-old girl, who 
remained in prison without charge. The court granted the petition and 
ordered transfer of the girl to BNWLA custody. In December 2003, a 14-
year-old boy was released from prison after 2 years in custody. The 
child was arrested in a blanket sweep against criminals and was never 
charged with any offense. Under the SPA, the Government or a district 
magistrate may order a person detained for 30 days to prevent the 
commission of an act that could threaten national security; however, 
detainees were sometimes held for longer periods. In SPA cases, the 
magistrate must, by the 15th day, inform the detainee of the grounds of 
his detention, and an advisory board is supposed to examine the cases 
of SPA detainees after 4 months. Detainees had the right to appeal.
    There was a functioning bail system in the regular courts; however, 
under certain security and crime law, a non-bailable period of 
detention existed. On August 3, a High Court panel ordered the 
Government to free on bail over 7,400 detainees who had been in prison 
without undergoing trial for more than 360 days.
    Criminal detainees were granted access to attorneys; however, 
detainees were not entitled to be represented by a lawyer before an 
advisory board. State-funded defense attorneys rarely were provided, 
and there were few legal aid programs to offer financial assistance. 
Lawyers usually were allowed only after charges were filed. In April 
2003, the High Court issued a directive that allowed legal 
representatives to visit those arrested under Section 54.
    Arbitrary arrests were rampant during the year. The Government 
sometimes used serial detentions to prevent the release of political 
activists. On May 22, police arrested Kazi Faruque Ahmed, the president 
of the NGO Proshika, ostensibly for cheating and corruption (see 
Section 4).
    During the year, the Government submitted to the court a list that 
included 16 persons who had been in prison without trial for more than 
11 years, 10 over 10 years, 29 more than 9 years, 51 more than 8 years, 
111 for more than 7 years, 238 for more than 6 years, 502 more than 5 
years, 917 more than 4 years, 1,592 more than 3 years and 3,673 more 
than 2 years.
    The Government frequently used Sections 54 and 86 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. On April 18, police conducted a mass arrest drive 
to undermine the AL's efforts to unseat the Government. Police arrested 
over 10,000 persons in reaction to the AL's campaign to unseat the 
Government. According to media reports, courts handed down some short 
prison sentences without giving the detainees the opportunity to defend 
themselves, but most were eventually released.
    Odhikar's press monitoring report found that a total of 526 persons 
were killed, approximately 6,235 persons were injured, and 2,918 were 
arrested for political reasons during the year (see Sections 1.a., 1.c, 
and 2.a.). The Odhikar figure for arrests for political reasons did not 
include the mass arrests from April.
    It was difficult to estimate the total number of detentions for 
political reasons. Many activists were charged with crimes, and many 
criminals claimed to be political activists. Most such detentions 
appeared to last for several days or weeks, and defendants in most 
cases received bail; however, dismissal of wrongful charges or 
acquittal took years.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice, a longstanding temporary 
provision of the Constitution places the lower courts under the 
executive, and the courts were subject to the executive's influence. 
The higher levels of the judiciary displayed some degree of 
independence and often ruled against the Government in criminal, civil, 
and politically controversial cases. Corruption, judicial inefficiency, 
and a large backlog were serious problems. The court system has two 
levels: the lower courts and the Supreme Court. Both hear civil and 
criminal cases. The lower courts consist of magistrates, who are part 
of the executive branch of the Government, and session and district 
judges, who belong to the judicial branch. The Supreme Court is divided 
into two sections: the High Court and the Appellate Court. The High 
Court hears original cases and 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.
    On August 17, the Supreme Court criticized the Government for its 
failure to establish a timeframe in which to implement a 1997 High 
Court order to separate the judiciary from the executive. At year's 
end, the Government did not implement the order in full.
    The law provides the accused with the right to be represented by 
counsel, to review accusatory material, to call witnesses, and to 
appeal verdicts. Trials were public, and defendants had the right to an 
attorney; however, state-funded attorneys were rarely provided. Under 
the provisions of the Public Safety Act, Law and Order Disruption 
Crimes Speedy Trial Act (STA), and the Women and Children Repression 
Prevention Act, special tribunals hear cases and issue verdicts. Cases 
under these laws must be investigated and tried within specific time 
limits, although the law was unclear regarding the disposition of the 
case if it was not finished within the allotted time periods. 
Defendants were presumed innocent and had the right to appeal.
    In July, Parliament codified the use of Alternative Dispute 
Resolution (ADR) and extended its use to Sylhet and Chittagong. ADR 
allows citizens to have the opportunity to present their cases before 
filing for mediation. According to government sources, wider use of 
mediation in civil cases has quickened the administration of justice.
    The court system was plagued by corruption and a substantial 
backlog of cases, and trials were typically marked by extended 
continuances while the accused remained in prison. These conditions 
effectively prevented many persons from obtaining a fair trial. A 
September 14 Transparency International survey revealed that 
magistrates, attorneys, and court officials demanded bribes from 
defendants in more than 67 percent of the cases filed under the STA 
(see Section 1.d.). On April 20, the President dismissed Syed Shahidur 
Rahman, a judge of the High Court, on the charge of misconduct for 
accepting money to fix bail for an accused in a criminal case (see 
Section 1.d.).
    The Government stated that it held no political prisoners; however, 
opposition parties and human rights monitors claimed that many 
political activists were arrested and convicted for unfounded criminal 
charges (see Section 1.d.). NGOs did not have access to prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions except in cases of the 
SPA, which permitted them. Police, even in cases not affiliated with 
the SPA, rarely obtained warrants, and officers violating these 
procedures were not punished. Reporters Without Borders (RSF) claimed 
that police monitored journalists' e-mail. The police Special Branch, 
National Security Intelligence, and the Directorate General of Forces 
Intelligence employed informers to report on and conduct surveillance 
on citizens perceived to be political opponents of the Government.
    The Government, on occasion, forcibly resettled persons. In 2002, 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.
    Police sometimes threatened members of the families of individuals 
who were wanted by police. During the year, there were instances of 
physical abuse or detention of family members by law enforcement 
personnel to extract information regarding wanted relatives.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and press, subject to what it deemed 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, in practice, the 
Government limited these rights.
    Individuals were not always able to criticize the Government 
publicly without fear of reprisal, and the Government often attempted 
to impede criticism by prohibiting or dispersing political gatherings.
    There were hundreds of both daily and weekly publications. Most 
newspapers reported critically on government policies and activities, 
including those of the Prime Minister. In addition to an official 
government-owned news service, there was one private news service 
affiliated with a major international company.
    Despite this proliferation of news articles, in 2003 RSF reported 
that armed rebel movements, militias, or political parties constantly 
endangered the lives of journalists and that the Government did little 
to protect them, and instead, provided immunity to those responsible 
for violence.
    Newspaper ownership and content were not subject to direct 
government restriction; however, the Government was able to influence 
journalists because it sponsored advertising and allocated cheap 
newsprint, central to the viability of many newspapers. Unlike in 
previous years, commercial firms were not as reluctant to advertise in 
newspapers critical of the Government. The Government owned and 
controlled most radio and television stations, and most of these 
stations focused the bulk of their coverage on the Government. 
Opposition party news often received little coverage in the government-
owned media.
    The Ministry of Information authorized one private radio station 
and three private television stations. Cable operators generally 
functioned without government interference; however, all private 
stations were required to broadcast, without charge, some government 
news programs and speeches by the Prime Minister and the President as a 
condition of operation.
    During the year, the Committee to Protect Journalists and RSF 
severely criticized the treatment and the security situation of 
journalists in the country. Attacks on journalists and newspapers, and 
efforts to intimidate them by the Government, political party 
activists, and others, occurred frequently during the year. Attacks 
against journalists by political activists were common during times of 
political violence, and some journalists were injured in police 
actions. According to Odhikar, 111 journalists were injured, 5 killed, 
9 arrested, 2 kidnapped, 32 assaulted, and 293 threatened during the 
year. Additionally, 6 newspaper offices came under attack during the 
year. Also, editors and senior journalists allegedly received anonymous 
phone calls regarding published articles unfavorable to the Government; 
however, threats of explicit violence were rare in such calls.
    On January 15, assailants killed Manik Chandra Saha, president of 
the Khulna Press Club and reporter for the New Age and the Sangbad 
newspapers, by targeting him with explosives. In March, police filed 
charges against alleged members of a left-wing group for Saha's death. 
On June 27, an explosion killed the editor of the Daily Janmabhumi; 
police placed responsibility on alleged leftists. Both cases were 
pending at year's end (see Section 1.a.).
    On October 3, Dipankar Chakrabarty, the executive editor of the 
Daily Durjoy Bangla and vice president of a faction of the Bangladesh 
Federal Union of Journalists, died after being attacked on his way home 
from work. Three persons were arrested but freed on bail, and the case 
was pending at year's end.
    The Government applied indirect pressure to coerce journalists into 
self-censorship. For example, on July 1, an official of the Prime 
Minister's press wing called a private television reporter and 
threatened to limit his access to ruling party functions if he did not 
stop covering an opposition candidate's campaign. The reporter was 
withdrawn from voting day coverage by his supervisors for failing to 
comply.
    Foreign publications and films were subject to review and 
censorship. A government Film Censor Board reviewed local and foreign 
films and has the authority to censor or ban them on the grounds of 
state security, law and order, religious sentiment, obscenity, foreign 
relations, defamation, or plagiarism. Video rental libraries stocked a 
wide variety of films, and government efforts to enforce censorship on 
rentals were sporadic and ineffective.
    The Government used censorship most often in cases of immodest or 
obscene photographs, perceived misrepresentation or defamation of 
Islam, and for objectionable comments regarding national leaders. On 
April 15, the Government confiscated the April 2 issue of the Indian 
magazine, Desh, for using indecent words about Adam and Eve. In April, 
the Government condemned and forbade Time magazine from being placed in 
government establishments, including on the national airline, Biman, 
because of its negative portrayal of the country.
    Novelist Taslima Nasreen remained abroad after being freed on bond 
for criminal charges still pending against her for insulting Muslim 
beliefs (see Section 2.c.). In 2002, a court sentenced Nasreen in 
absentia to 1 year in jail for her ``derogatory remarks about Islam'' 
in a case filed in 1999 by a Jamaat-e-Islmani leader.
    The Government did not directly restrict citizens' access to the 
Internet. RSF claimed police continued surveillance of journalist's e-
mail (see Section 1.f.).
    The Government did not limit academic freedom; however, research on 
sensitive religious and political topics was not encouraged.

    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. The law allows the Government to ban 
assemblies of more than 4 persons, and, according to 1 human rights 
organization, the Government imposed 57 such bans during the year. The 
Government sometimes used bans to prohibit rallies for security 
reasons. On January 3, Piren Snal, a member of the Garo tribe in 
Madhupur forest in Tangail district, was killed as police and forest 
guards opened fire on a procession of tribal people protesting an eco-
park project in the forestland. The Magistrate Court conducted a 
judicial investigation into the incident in response to a petition 
filed by Snal's family and dismissed the case on November 17 on the 
basis of insufficient information. Snal's family filed another petition 
contesting the legitimacy of the investigation's report, and the case 
was pending at year's end.
    On March 11, pro-BNP activists, in tandem with police, attacked 
former president Badruddoza Chowdhury and his supporters, injuring more 
than 300 persons near Mohakhali in Dhaka as they were marching toward a 
downtown venue where Chowdhury was scheduled to launch a new political 
party. Police rarely interfered with ruling party processions on any 
occasion, but police often used force to disrupt and discourage 
opposition processions. On February 12, police clubbed participants at 
an AL procession in Dhaka, causing injuries to dozens of activists, 
including Member of Parliament (M.P.) Ahsanullah Master, and Saber 
Hossain Chowdhury, political secretary to the AL president.
    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 the Government generally 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, and the 
Government generally respected this right in practice. Although the 
Government is secular, religion exerted a powerful influence on 
politics. Discrimination against members of religious minorities 
existed at both the governmental and societal level; however, there was 
no clear evidence of government persecution, although religious 
minorities were disadvantaged in practice in such areas as access to 
government jobs, political office, and access to justice.
    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 funds for social development projects. The Government had the 
ability to cancel the registration of an NGO or to take other actions 
such as dissolving the executive committee of the NGO, freezing its 
bank accounts, or canceling projects; however, such powers rarely were 
used and did not affect NGOs with religious affiliations.
    Discrimination against Ahmadiyas continued during the year. In 
January, the Government announced a ban on Ahmadiya publications in 
response to some Muslim groups' demand for the Ahmadiyas to be declared 
non-Muslims. In December, the High Court ordered a stay, effectively 
stopping the official enactment of the executive order. On two 
occasions, police seized books from Ahmadiya mosques in Dhaka and 
Patuakhali, and in January, in Khulna, a young man was briefly detained 
for carrying Ahmadiya leaflets. At times police allowed, and even 
assisted, demonstrators to remove signs referring to Ahmadiya mosques 
as mosques instead of as houses of worship.
    As in previous years, the Government failed to prepare a list of 
property that was expropriated by the State from Hindus during 
partition in 1947.
    The Government allowed various religions to establish places of 
worship, train clergy, travel for religious purposes, and maintain 
links with co-religionists abroad. The law permitted citizens to 
proselytize; however, strong social resistance to conversion from Islam 
meant that most missionary efforts by Christian groups were aimed at 
serving communities that had been Christian for several generations. 
Foreign missionaries were allowed to work in the country, but their 
right to proselytize was not explicitly 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 government harassment during 
the year.
    Discrimination against Ahmadiyas, Hindus, and Christians occurred 
during the year. In April, police failed to prevent Muslim 
demonstrators from destroying 12 houses belonging to Ahmadiyas and 
harassing 15 converted Ahmadiya men and women in a village in Rangpur. 
The converts were held against their will for several hours and 
pressured to renounce their new faith by some local Muslims. The 
Ahmadiyas appealed to the Government for protection in the face of 
threats from Khatme Nabuyat Movement and Aamra Dhakabashi, and on 
August 27, police arrested four leaders of Aamra Dhakabashi prior to 
their planned siege of the central Ahmadiya complex in Dhaka.
    On January 1, according to press reports, armed attackers led by a 
local BNP leader allegedly set 20 houses belonging to Hindus on fire, 
injuring 30 persons. Victims alleged that the attack originated over a 
pending property dispute. On September 22, a group of Muslims set afire 
seven houses belonging to Hindus at Adam Sarkerpara village in Rangpur 
district. The alleged arsonists subsequently attacked those attempting 
to extinguish the fire and reportedly stole 18 cattle.
    On September 18, unidentified assailants killed Dr. Joseph Gomes, a 
Christian convert, near his home in Jamalpur district. Police arrested 
a local madrasah teacher, Maulana Abdus Sobhan Munshi, alias Michha 
Munshi, for the killing, held him for 2 weeks, and released him. At 
year's end, no one else was charged for this crime.
    In September, police arrested 18 persons, 2 of whom confessed, for 
the November 2003 arson in which 11 members of a Hindu family were 
killed in Chittagong. The Government made no arrests, and none were 
expected in the December 2003 killing of an Ahmadiya leader in Jessore. 
On September 14, Ahmadiya leaders submitted a no-confidence petition to 
the court rejecting the police investigation report of the murder. The 
case was transferred from the local police to the Criminal 
Investigations Department of the police for investigation at year's 
end.
    Religious minorities were disadvantaged in access to government 
jobs and political office. Selection boards in the government services 
often lacked minority group representation.
    For a more detailed discussion, see the 2004 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 these rights in 
practice; however, there were instances in which the Government 
restricted these rights.
    On February 23, alleged members of a pro-Government group in 
Chittagong Hill Tracts (CHT) attacked a motorcade of eminent jurist and 
president of Gono Forum, Dr. Kamal Hossain, on his way to Rangamati to 
attend a rally organized by a tribal organization. Dr. Hossain and his 
entourage returned to Chittagong city due to lack of security. On 
February 26, AL president Sheikh Hasina's motorcade came under attack 
near Charkawa ferry station in Barisal.
    On February 6, Immigration officials at Zia International Airport 
in Dhaka barred Jatiya Party chairman and former president Hossain 
Muhammad Ershad from traveling to the Maldives. Ershad claimed that 
immigration officials acted upon the instruction of higher authorities. 
Talks between the Government and the Jatiya party leaders resolved the 
problem, and Ershad was allowed to go abroad. In May, the Government 
refused permission for Shantu Larma, chairman of the CHT Regional 
Council, to leave the country to attend the third session of the U.N. 
Permanent Forum on Indigenous issues.
    The country's passports were invalid for travel to Israel, and 
Salah Uddin Shoaib Chaudhury remained in prison for his attempted 
November 2003 travel to Israel.
    The Constitution does not provide for exile, and it was not used.
    There was a pattern of continued neglect of refugees, specifically 
towards the Bihari and Rohingya refugees. Approximately 300,000 non-
Bengali Bihari Muslims who emigrated to the former East Pakistan during 
the 1947 partition of British India and who supported Pakistan during 
the 1971 War of Independence continued to live in camps throughout the 
country. According to Refugees International, they lived in camps in 
the country with little access to education, medical attention, and in 
unsanitary conditions. Some Biharis declined citizenship in 1972 and 
were awaiting repatriation to Pakistan, where the Government was 
reluctant to accept them. In May 2003, 10 Bangladesh-born Bihari 
residents of the Geneva Camp were granted voting rights when the High 
Court declared them citizens. Many of the stranded Biharis born after 
1971 have assimilated into the mainstream Bengali-speaking environment 
and likely would accept citizenship if it was offered.
    During the year, 20,291 Rohingya refugees remained in 2 camps 
administered by the Government in cooperation with the U.N. High 
Commissioner for Refugees (UNHCR). The Government continued to ignore 
UNHCR requests to allow Rohingya refugees unable to return to Burma to 
work, benefit from local medical programs, or participate in the 
educations system, insisting that all Rohingya refugees remain in camps 
until their return to Burma. The Government repatriated 210 refugees 
during the year.
    The Government denied asylum to the Rohingya by categorizing them 
as illegal economic migrants and turned back as many persons as 
possible at the border. According to the UNHCR, some refugees returned 
by the Government were fleeing persecution and were entitled to refugee 
status. Some unregistered persons in the UNHCR camps returned illegally 
after their official repatriation to Burma, sharing food and lodging 
with relatives who received rations based on the number of registered 
members of the camps. On a number of occasions, camp officials handed 
some of the unregistered persons over to police, who sent them to 
prison under the Foreigners' Act. There were 109 Rohingya refugees in 
local prisons in the Cox's Bazar area at year's end. UNHCR officials 
visited the detained refugees once a month.
    In June, to protest the Government's forced repatriation, 
mistreatment by police, auxiliary Ansar personnel, and Majhis (refugee 
community leaders selected by BDG camp officials to work as 
volunteers), some refugees in Kutupaalong camp staged demonstrations, 
refused their rations, and boycotted the government-run medical clinic. 
The demonstrators also demanded relocation of the camp to a site closer 
to Cox's Bazaar city to get better protection from UNHCR. The 
demonstrators attacked an official of the World Food Program, prevented 
children from attending school, and stopped women from attending a 
self-help program. According to UNHCR, on June 6, police fired 
approximately 15 rounds into a group of several hundred protestors 
throwing stones during a regular night patrol. No injury was reported. 
In early September, the Government officially rejected a UNHCR proposal 
to grant the refugees rights for temporary stay and freedom of movement 
under a self-reliance program.
    The Constitution does not provide for the granting of asylum or 
refugee status in accordance with the 1951 U.S. Convention Relating to 
the Status of Refugees or its 1967 Protocol, and the Government has not 
established a system for providing protection to refugees. In practice, 
the Government provided some protection against refoulement, the return 
of persons to a country where they feared persecution. Working with the 
UNHCR, the Government provided temporary protection to individual 
asylum seekers whom the UNHCR interviewed and recognized as refugees on 
a case-by-case basis.
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, 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; some 
candidates allegedly purchased nomination from party leaders with 
generous campaign contributions or personal gifts.
    Khaleda Zia, leader of the BNP, became Prime Minister following 
parliamentary elections in 2001, deemed to be free and fair by 
international and domestic observers. The 2001 elections, supervised by 
a nonparty caretaker government, took place in a climate of sporadic 
violence and isolated irregularities. The BNP formed a four-party 
alliance government with the Jamaat-e-Islami, Bangladesh Jatiya Party, 
and the Islami Oikko Jote. The political scene was dominated by two 
major parties, the BNP and the AL.
    In June, the AL returned to Parliament after a year's boycott; 
however, the AL walked out of Parliament again in September, alleging 
the Speaker's biased role in favor of the ruling party. They later 
returned to Parliament in November.
    Corruption remained a problem. Transparency International 
Bangladesh (TIB) indicated, in a report published in September, that 
systemic corruption posed a serious challenge to efforts to promote 
good governance. A TIB sample survey revealed that 90 percent of the 
population paid bribes to officials during land transfer registration; 
magistrates, court officials, and lawyers solicited bribes in more than 
67 percent of the cases filed under the STA; and in Chittagong port, 
officials belonging to the port authority and customs extracted an 
estimated annual $133 million (taka 7.83 billion) in bribes from 
importers and exporters. The Official Secrets Act of 1923 protected 
corrupt government officials from public scrutiny, hindering 
transparency and accountability at all levels.
    In November, the Government announced the formation of a 3-member 
Anti-Corruption Commission. At year's end, the commission was not fully 
functional.
    There was no law providing for public access to government 
information. Instead, the Official Secrets Act protected government 
officials from scrutiny, typically in the name of national security.
    There were 7 women in the 300-seat Parliament. On May 17, 
Parliament passed the 14th constitutional amendment bill, adding 45 
parliamentary seats reserved for women. The seats were to be 
distributed among political parties proportionate to their numerical 
strength. The AL, which did not participate in the debate on adding the 
45 seats, protested the amendment outside of Parliament, saying that it 
fell short of the promise to make a provision for women to be elected 
directly by the people. In October, Parliament passed a law detailing 
new election procedures; however, election of women to the seats did 
not occur by year's end. Some women's rights groups also protested the 
amendment on similar grounds and challenged its validity in the High 
Court.
    There were four women holding ministerial positions, including the 
position of Prime Minister. As of October, 4 of the 79 judges in the 
Supreme Court were women.
    There was no provision for providing seats for minorities. Members 
of minority groups constituted approximately 17 percent of the 
population but held less than 3 percent of the Parliamentary seats.
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 independently and without government restriction, 
investigating and publishing their findings on human rights cases. 
While human rights groups were often sharply critical of the 
Government, they also practiced self-censorship, particularly on 
politically sensitive cases and subjects. The Government pressured some 
individual human rights advocates by filing false allegations against 
them or by delaying reentry visas for international human rights 
activists. Missionaries who advocated on behalf of human rights faced 
similar problems. A few human rights activists reported harassment by 
the intelligence agencies. For example, the Government blocked foreign 
funding to the PRIP Trust because the organization's executive 
director, Aroma Dutta, championed minority rights during the 2001 
general election.
    During the year, the Government drafted legislation to impose 
stricter control on NGOs and prevent them from engaging in political 
activities. The Government, however, withdrew a draft bill from 
Parliament following protests by some NGOs and objections from some 
development partners.
    On June 20, after arresting him on 15 separate occasions during the 
year, police filed a sedition case against Kazi Faruque Ahmed, 
president of the NGO Proshika, and six of his colleagues, implicating 
them in a plot to overthrow the Government in April. Police raided the 
Proshika headquarters several times and seized some documents. On July 
26, Ahmed was released on bail. The Government targeted Proshika 
because the group allegedly helped the AL campaign in the last general 
election (see Section 1.d.).
    On August 21, a RAB team arrested Rafiq Al Islam, president of the 
country's chapter of Non-Violence International, under Section 54. His 
name was later included on the list of accused in a case filed under 
the Arms Act. Islam, an antimine campaigner, remained free on bail 
after September 19, and his case was pending (see Section 1.d.).
    The Government cooperated with international organizations such as 
the UNHRC and the ICRC; however, the ICRC did not visit the country 
during the year. In December, the Asia Pacific director of the UNHCR 
visited the country to investigate the status of the Rohingyas. Despite 
its election pledge and repeated public announcements, the Government 
did not enact legislation establishing an independent National Human 
Rights Commission.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination; however, 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.--Domestic violence was widespread. Although violence against 
women was difficult to quantify because of unreliable statistics and 
societal inhibitions about reporting such violence, much of the 
reported violence against women was related to disputes over dowries. 
During the year, according to BNWLA, husbands killed 155 women and 
tortured 35 women. Odhikar found 166 reported dowry-related killings, 
and 78 reported dowry-related incidents of torture during the year. The 
law prohibits rape and physical spousal abuse but makes no specific 
provision for spousal rape as a crime. During the year, 896 rapes were 
reported; 117 victims were killed and 13 committed suicide after being 
raped. Human rights monitors insisted that the actual number of rapes 
was higher, as many rape victims did not report the incidents in order 
to avoid social disgrace. Prosecution of rapists was uneven. In 
September, four persons were sentenced to life imprisonment for gang-
raping a girl in April 2003.
    Prostitution was legal and remained a problem during the year. The 
minimum age of 18 for legal prostitution was commonly ignored by 
authorities and circumvented by false statements of age. Procurers of 
minors were rarely prosecuted, and large numbers of child prostitutes 
worked in brothels. UNICEF estimated that there were 10,000 child 
prostitutes working in the country, but other estimates placed the 
figure as high as 29,000 (see Section 5, Children).
    Laws specifically prohibit certain forms of discrimination against 
women, provide for special procedures for persons accused of violence 
against women and children, call for harsher penalties, provide 
compensation to victims, and require action against investigating 
officers for negligence or willful failure of duty; however, 
enforcement of these laws was weak. In July 2003, an amendment to the 
current law was passed, weakening provisions for dowry crimes and 
addressing the issue of suicide committed by female victims of acts of 
dishonor.
    According to government sources, the Social Welfare Department ran 
6 homes for vagrants and 1 training center for destitute persons, with 
a total capacity of 2,300 individuals. In addition, the Women Affairs 
Department ran six shelters, one each in the six divisional 
headquarters, for abused women and children. In 2002, the Department 
opened a Safe Custody Center in Dhaka. The BNWLA also had two shelters 
in Dhaka, and other NGOs ran 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 were unable 
to gain release (see Section 1.c.). In September, there were 184 women 
in safe custody with 320 children accompanying them.
    Incidents of vigilantism against women--sometimes led by religious 
leaders (by means of fatwas)--at times occurred, particularly in rural 
areas. These included punishments such as the whipping of women accused 
of moral offenses (see Section 1.c.). ASK reported 35 such cases during 
the year. For example, in October 26, in a village in Shatkira 
district, rural elites forced Papia Khatam from her village and ordered 
her not to return for 5 years because they concluded she gave birth to 
an illegitimate child found dead in a pond.
    Acid attacks remained a serious problem. Assailants threw acid in 
the faces of women and a growing number of men, leaving victims 
disfigured and often blind. According to Odhikar, more than 300 persons 
fell victim to acid attacks during the year. Odhikar and Bangladesh 
Shisu Adhikar Forum reported that 191 of the attacks were against 
women, 65 against men, and 66 against children. Few perpetrators of the 
acid attacks were prosecuted. In 2002, the Government enacted 
legislation to control the availability of acid and reduce acid 
violence directed towards women, but lack of awareness of the law and 
poor enforcement limited its impact. The new Acid Crime Control Law 
provides for speedier prosecutions in special tribunals and generally 
does not allow bail. While the special tribunals were not entirely 
effective, during the year, according to the Acid Survivors Foundation, 
36 persons were convicted of acid attacks.
    Women remained in a subordinate position in society, and the 
Government did not act effectively to protect their basic rights. The 
Muslim Family Ordinance codifies traditional Islamic law concerning 
inheritance, marriage, and divorce for registered marriages. Marriages 
in rural areas sometimes were not registered because of ignorance of 
the law.
    Employment opportunities were greater for women than for men in the 
last decade, largely due to the growth of the export garment industry, 
80 percent staffed by women. Programs run by the Government and NGOs 
extending microcredit to rural women improved their economic power. Pay 
was generally comparable for men and women performing similar work.
    No action was taken, and none was expected, in the deaths of 60 
maidservants who died from alleged torture at the hands of their 
employers in 2003. According to a Public Administration Reforms 
Commission report in 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 had only limited effect. In 
recent years, approximately 15 percent of all recruits into government 
service were women.

    Children.--The Government was generally responsive to children's 
rights and welfare. Many of these efforts were supplemented by local 
and foreign NGOs, and these joint efforts allowed the country to make 
significant progress in improving health, nutrition, and education; 
however, slightly more than one-half of all children were chronically 
malnourished.
    Under the law, children between 6 and 10 years of age must attend 
school through the fifth grade. Primary education was free and 
compulsory. The implementation of compulsory primary education fell 
short in part because parents kept children out of school, preferring 
instead to have them working for money or helping with household 
chores. Government incentives to families sending children to schools 
contributed significantly to the rise in the enrollments in primary 
schools in recent years. According to 2001 statistics provided by 
Campaign for Popular Education, 80 per cent of school-age children were 
enrolled in schools with almost an equal male-female ratio. In a 2002 
report, they stated that 70 percent of the children completed education 
up to the fifth grade and that the dropout rate was 24.3 percent. 
According to Education Ministry statistics, 97 percent of school-age 
children were enrolled in primary schools during the year. The 
Government expanded incentives for female education by making education 
free for girls up to grade 12 and using a stipend system from grades 6 
to 12. Boys received free education only to grade 5.
    There were a few government hospitals designated exclusively for 
children, and boys and girls had equal access to medical care in 
government hospitals.
    According to human rights groups, 341 children were abducted, 
nearly 1,401 suffered unnatural deaths, and more than 660 children fell 
victim to serious abuses such as rape, sexual harassment, torture, and 
acid attack during the year. According to child rights activists, 
during the year, violence against children declined to some extent due 
to growing awareness regarding child rights.
    Child labor remained a problem and frequently resulted in the abuse 
of children, mainly through mistreatment by employers during domestic 
service and occasionally included servitude and prostitution (see 
Sections 6.c. and 6.d.). Sometimes children were seriously injured or 
killed in workplaces. Reports from human rights monitors indicated that 
child abandonment, kidnapping, and trafficking continued to be serious 
and widespread problems. There was extensive trafficking of children 
(see Section 5, Trafficking).
    According to a 2002 report published by the Government news agency 
Bangladesh Shongbad Shongsta, there were approximately 400,000 homeless 
children, of which as many as 150,000 had no knowledge of their 
parents. Few facilities existed for children whose parents were 
incarcerated.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking was a serious problem. Trafficking in children for 
immoral or illegal purposes carries the death penalty or life 
imprisonment, and the Government took measures for the expeditious 
prosecution of traffickers. During the year, 43 cases were disposed of 
by the Special Courts dealing with incidents of repression against 
women and children. Accused persons in 33 of those cases were convicted 
and given punishment ranging from death to 10 years in prison. Besides 
police, the Coast Guard, Bangladesh Rifles (border guards), and the 
RAB, a number of NGOs recovered victims and assisted victims of 
trafficking.
    According to government sources, law enforcement personnel 
recovered 147 victims of trafficking during the year. In 17 different 
incidents during the year, victims managed to escape from traffickers 
and reported to police. The Government returned 85 of the victims to 
their families, sent 9 to government homes, and transferred 19 to NGO-
run shelters.
    There was extensive trafficking in both women and children, 
primarily to India, Pakistan, Bahrain, the United Arab Emirates (UAE), 
Kuwait, and destinations within the country, mainly for prostitution 
and in some instances for labor servitude. Some boys were trafficked to 
the Middle East to be used as camel jockeys.
    The BNWLA rescued 314 trafficking victims from within the country 
and repatriated 32 others from the UAE and India during the year. The 
number of persons arrested for trafficking was difficult to obtain, as 
charges against traffickers were sometimes for lesser crimes, such as 
crossing borders without proper documents. A 2002 newspaper report 
quoting statistics from the Center for Women and Children Studies 
(CWCS) stated that only 1 percent of trafficked children and 55 percent 
of kidnapped children were rescued between 2000 and 2002. According to 
the CWCS, most trafficked boys were under 10 years of age, while most 
trafficked girls were between 11 and 16 years of age.
    The exact number of women and children trafficked was unknown, but 
some human rights monitors estimated that more than 20,000 women and 
children were trafficked annually from the country for prostitution; 
however, the Government did not support this figure. 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.
    Human rights monitors credibly reported in the preceding years that 
police and local government officials often ignored trafficking in 
women and children for prostitution and were easily bribed (see 
Sections 1.c. and 5).
    In previous years, there were reports that police corruption 
facilitated trafficking of women and children; however, there were no 
reports of this occurring during the year.
    Many NGOs and community-based organizations worked on the problem 
of trafficking through prevention, research, data collection, 
documentation, advocacy, awareness creation and networking, cross-
border collaboration, legal enforcement, and rescue, rehabilitation, 
and legislative reform. For example, Action Against Trafficking and 
Sexual Exploitation of Children, a national anti-trafficking network, 
worked to link NGOs and government agencies by establishing a resource 
center to disseminate data and provide technical support to grassroots 
organizations. The Association for Community Development conducted 
workshops and outreach programs to reach potential victims of 
trafficking before they were victimized. Over the past 3 years, because 
of the cooperation among NGOS and others involved, including the 
Government, a common, unified umbrella program was established to 
address the trafficking problem.
    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 the Government launched a major national anti-
trafficking prevention campaign to increase awareness of the problem 
among vulnerable groups. Nevertheless, the Government's 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 late May, the Government established a unit in the police 
headquarters to monitor counter-trafficking activities by law 
enforcement agencies. The cell started functioning in June. An 
interministerial committee headed by the Secretary of the Home Ministry 
regularly monitored the activities of the police cell and prosecution 
of the cases relating to trafficking. In early July, a Deputy Attorney 
General was designated to coordinate prosecution of the cases. The 
Government also formed monitoring units in each of the 64 district 
headquarters.
    Despite constraints such as lack of birth and marriage records at 
the village level, some trafficking cases were prosecuted. There was 
also some success in increasing shelter capacity and developing 
rehabilitation programs.

    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 law focuses on prevention of disability, treatment, 
education, rehabilitation and employment, transport accessibility, and 
advocacy.
    The Ministry of Social Welfare set up a task force, composed of 
government officials and members of NGOs, who adopted an action plan at 
year's end to improve the overall welfare of the disabled.
    Government facilities for treating persons with mental handicaps 
were inadequate. Several private initiatives existed in the areas of 
medical and vocational rehabilitation, as well as employment of persons 
with disabilities. During the year, at least four visually impaired 
persons were hired for government jobs.

    Indigenous People.--Tribal people have had a marginal ability to 
influence decisions concerning the use of their lands. Despite the 1997 
CHT Peace Accord, which ended 25 years of insurgency in the CHT, law 
and order problems and alleged human rights violations continued, as 
did dissatisfaction with the implementation of the Peace Accord. The 
Land Commission dealing with land disputes between tribal individuals 
and Bengali settlers did not function effectively in addressing 
critical land disputes. Tribal leaders remained disappointed with the 
lack of assistance provided to those who left the area during the 
insurgency.
    Shantu Larma, a former insurgent leader, held talks with the Prime 
Minister in December 2003, building upon several similar sessions in 
2002, to discuss implementation of the Peace Accord; however, violence 
continued in the CHT. According to a human rights organization, 41 
persons died and 199 were injured in violence in the CHT during the 
year. During the same period, 127 persons were abducted, 3 were 
missing, and 106 were arrested.
    During the year, the Parbatiya Chattagram Jana Sanghati Samity 
(PCJSS), which had spearheaded the insurgency and later signed the 
Peace Accord, blocked roads and observed general strikes, demanding 
early implementation of all the provisions of the accord. Extortion and 
kidnapping for ransom were rampant in the CHT.
    PCJSS and the anti-accord tribal group, United People's Democratic 
Forum (UPDF), blamed each other for most of the abductions in 
Khagrachhari and Rangamati. On February 9, armed tribal youths abducted 
seven UPDF members from a wedding party at Shabekong in Naniarchar. 
There were also reports of violence involving Bengalis and tribal 
people in Rangamati.
    The army withdrew an estimated two dozen camps from the CHT in 
partial fulfillment of the PCJSS demand for withdrawal of all army 
camps as required in the Peace Accord. Police have replaced the army in 
some of the camps.
    Tribal people in other areas also reported loss of land to Bengali 
Muslims. In 2001, the Forestry Department inaugurated an eco-park on 
the lands inhabited by the predominantly Christian Khasi tribals in 
Moulvibazar. 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 slowly implemented the project 
during the year. In 2003, the Government started implementing the 
Modhupur National Park Development Project on Garo ancestral land 
without consulting the Garo people.

    Other Societal Abuses and Discrimination.--The law provides for 
punishment for intercourse ``against the order of nature with any man, 
woman or animal.'' In practice the law was rarely invoked; however, 
according to HRW, gay men were harassed and raped by police and local 
criminals without proper methods of recourse, due to societal 
discrimination against gays. HRW also found that gay men often faced 
threats of extortion. According to HRW, considerable official and 
societal discrimination existed against those who provided HIV 
prevention services, and against high-risk groups likely to spread HIV/
AIDS.
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.
    According to the law, a workplace must have 30 percent union 
participation for union registration. Would-be unionists technically 
are forbidden to engage in many activities prior to registration and 
legally are not protected from employer retaliation during this period. 
Labor activists protested that this requirement severely restricted 
workers' rights to organize, particularly in small enterprises and the 
private sector, and the International Labor Organization (ILO) 
requested the Government to amend the 30 percent provision. The ILO 
also 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.
    Unions were highly politicized, and unions were strongest in state-
owned enterprises and in such institutions as the government-run port 
in Chittagong. Civil Service and security force employees were 
forbidden to join unions because of their highly political character. 
Teachers in both the public and the private sector were not allowed to 
form trade unions.
    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 arrested union members under the SPA or 
regular criminal codes.
    Trade unionists were required to obtain government clearance to 
travel to ILO meetings, but unlike in previous years, there were no 
known reports that clearances were denied during the year.
    On May 7, union leader Ashan Ullah, executive president of the 
International Confederation of Free Trade Union (ICFTU) affiliated with 
the Jatiyo Sramik League, was shot and injured while addressing a rally 
in Tongi.
    The ICFTU noted a number of exclusions of international trade union 
rights under the Industrial Relations Ordinance. These were 
restrictions regarding membership in unions and election of union 
officials, restrictions on activities of public servants' associations, 
restrictions on the right to organize and bargain collectively in 
export processing zones (EPZs), and restrictions on the right to 
strike.

    b. The Right to Organize and Bargain Collectively.--The law does 
not explicitly ban discrimination by employers against union members 
and organizers and, 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. 
Alternative dispute resolution techniques began to be used to decrease 
the backlog.
    Collective bargaining by workers is legal on the condition unions 
legally registered by the Registrar of Trade Unions as collective 
bargaining agents represent workers. Collective bargaining occurred 
occasionally in large private enterprises such as pharmaceuticals, 
jute, or textiles, but due to concerns over job security, most workers 
did not practice collective bargaining. Collective bargaining in small 
private enterprises generally did not occur.
    The right to strike is not recognized specifically by the law, but 
strikes were a common form of workers' protest and are recognized as a 
legitimate avenue for addressing unresolved grievances by the 
Industrial Relations Ordinance of 1969. In addition, opposition 
political parties used general strikes to pressure the Government to 
meet political demands. Some employees organized in professional 
associations or unregistered unions went on strike during the year. 
Wildcat strikes were illegal but occurred, and wildcat strikes in the 
transportation sector were particularly common.
    There were no updates to the November 2003 incident at the Pantex 
Factory, or the October 2003 case involving police harassment and 
beating of striking diploma nurses (see Section 6.a.).
    The Essential Services Ordinance permits the Government to bar 
strikes for 3 months in any sector it declares essential. During the 
year, the Government continued to impose the Ordinance, originally 
applied in 2002, to the Power Development Board, the Dhaka Electric 
Supply Authority, Bangladesh Biman Airline, the Chittagong Port 
Authority, and the Bangladesh Petroleum Corporation.
    In 2003, the Government announced it would not allow collective 
bargaining authority in jute mills during production time. 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 are 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.
    There are EPZs in the country. On July 14, Parliament passed a bill 
allowing limited freedom of association rights in EPZs. The country's 
five EPZs are exempt from the application of the Employment of Labor 
(Standing Orders) Act, the Industrial Relations Ordinance, and the 
Factories Act, thereby excluding workers in the zones from protection 
for their rights to organize and bargain collectively, and from 
coverage by laws governing wages, hours, and safety and health 
standards. While substitutes for some of the provisions of these laws 
are implemented through EPZ regulations, unions for the 128,915 workers 
are prohibited in the EPZs.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or bonded labor, including by children; however, the 
Government did not enforce this prohibition effectively. The Factories 
Act and Shops and Establishments Act created inspection mechanisms to 
enforce laws against forced labor, but these laws were not enforced 
rigorously, partly because resources for enforcement were scarce. There 
was no bonded or forced labor in large-scale enterprises; nevertheless, 
numerous domestic servants, including many children, worked in 
conditions that resembled servitude and many suffered physical abuse, 
sometimes resulting in death. There continued to be numerous reports of 
violence against domestic workers. The Government sometimes brought 
criminal charges against employers who abused domestic servants. Many 
impoverished families settled instead for financial compensation. 
Trafficking of women and children was a problem (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Because of widespread poverty, many children began to work at a very 
young age. According to the Government's National Child Labor Survey 
published in November 2003, the Government estimated that approximately 
3.2 million children between the ages of 5 and 14 years worked. Working 
children were found in 200 different types of activities, such as 
shrimp farming, 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, on January 17, a child 
age 13 died when he became stuck to a conveyer belt while he worked in 
a spinning mill at Savar.
    Children often worked alongside family members in small-scale and 
subsistence agriculture. Hours usually were long, the pay low, and the 
conditions hazardous. Many children worked in the beedi (hand-rolled 
cigarette) industry, and children under 18 years sometimes worked in 
hazardous circumstances in the leather industry or the brick-breaking 
industry. An estimated 10,000 children worked long hours on fish farms 
on small islands in Southwestern Bagerhat district for 5 months a year 
in hazardous conditions. The farm owners paid and fed the children 
poorly. The Coast Guard periodically rescued and returned child workers 
to their home villages.
    Children routinely performed domestic work. The Government 
sometimes brought criminal charges against employers who abused 
domestic servants. Under the law, every child must attend school 
through grade 5 or the age of 10 years. However, there was no effective 
mechanism to enforce this provision.
    There was virtually no enforcement of child labor laws outside the 
export garment sector. Penalties for child labor violations were 
nominal fines ranging from an estimated $4 to $10 (taka 228 to taka 
570). Most child workers were employed in agriculture and other 
informal sectors, where no government oversight occurred.
    The Bangladesh Garment Manufacturers' and Exporters Association 
(BGMEA), the Department of Labor, and the ILO jointly inspected an 
estimated 4,000 BGMEA-member factories with the declared intention of 
eliminating child labor in the garment sector. The inspectors found 23 
children working in 11 of those factories between January and August 
25. Each factory having child labor was fined $100 (taka 5,900). 
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 to 38 
percent. Former child employees were also offered a small monthly 
stipend to help replace their lost income while attending UNICEF-
sponsored schools.
    The Non-Formal Education Directorate of the Government, 
international organizations, and some NGO partners sponsored programs 
to provide education to some working children in urban slum areas 
around the country. The Government has been a member of ILO-IPEC since 
1994. ILO-IPEC programs include a $6 million project to eliminate the 
worst forms of child labor in five targeted industries: beedi 
production, matchmaking, tanneries, construction, and child domestic 
workers. As of December 2003, 19,874 children had been removed from 
hazardous work, 19,508 were attending non-formal education training, 
7,623 had been admitted to formal schooling, and 3,060 were receiving 
pre-vocational training. Employers from 51 beedi and brick-breaking 
industries have declared their sites child labor free.

    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. In 2001, according to the 
ICFTU, 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 $58 (taka 3,400) for a worker in an EPZ and 
approximately $45 (taka 2,650) for a worker outside an EPZ. This 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.
    The Factories Act nominally sets occupational health and safety 
standards. The law is comprehensive but largely was ignored by 
employers. 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.

                               __________

                                 BHUTAN

    Bhutan is a hereditary monarchy. King Jigme Singye Wangchuck 
governs with the support of a National Assembly, a Cabinet, a Council 
of Ministers, and the Monastic Body, a 3,500-member institution headed 
by 4 representatives selected with the consent of the King. The King is 
the head of state and is responsible for matters relating to the 
country's security and sovereignty. There is no written constitution to 
protect fundamental political and human rights. A committee consisting 
of elected representatives, religious leaders, judicial and government 
officials continued to draft a constitution. Citizens voted for 105 of 
the 150 representatives in the National Assembly in 2003, with the 
remainder appointed by the King, the Buddhist clergy, and the Council 
of Ministers. The National Judicial Commission, a government-appointed 
body, oversees the judiciary.
    The Royal Bhutan Police, under full control of the Government, has 
sole responsibility for the maintenance of internal security. The 
civilian authorities maintained effective control of the security 
forces. Some members of the security forces committed human rights 
abuses.
    The economy was centrally directed. It was based primarily on 
agriculture, which provided the main livelihood for 80 percent of the 
population and accounted for approximately half of the gross domestic 
product (GDP); the population was approximately 800,000. Hydroelectric 
power production and tourism were key sources of revenue. The GDP 
growth rate was 6.5 percent, and wages generally kept up with 
inflation.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, problems remained. The King 
exercised strong and direct power over security and sovereignty, though 
day-to-day governance was the responsibility of the Prime Minister and 
the Council of Ministers. The Government placed limitations on civil, 
political, and workers' rights. The Government prohibited political 
parties, and none operated legally. Unlike in previous years, there 
were no reports of arbitrary arrest or detention. The King, using 
recommendations from the National Judicial Commission, made judicial 
appointments to the High Court and District. The National Judicial 
Commission reviewed judicial reform and processed appointments to the 
bench. The authorities infringed on citizens' privacy rights. The 
Government restricted freedom of religion, speech, press, assembly, and 
association. A significant refugee problem persisted. The Government 
restricted 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 laws proscribe torture and abuse. Unlike in previous 
years, there were no reports of torture, cruel, inhuman or degrading 
treatment or punishment.
    Prison conditions reportedly were Spartan. The International 
Committee of the Red Cross (ICRC) conducted two visits to the Lodrai 
Sub-district Jail and Chamgang Central Jail during the year. Prisoners 
incarcerated for political reasons were kept in areas separate from 
common criminals and men and women were kept in separate cells.
    The Government and the ICRC signed a 5-year Memorandum of 
Understanding in 1998, and in September, the Government extended the 
ICRC prison visits program for another year, as it has done annually. 
The ICRC was allowed generally unhindered access to prisons. An 
exception was the country's denial of an ICRC request to visit Indian 
prisoners of war and assist in the evacuation of women and children 
stranded by fighting following the December 2003 military offensive 
against guerillas from the United Liberation Front of Asom (Assam) 
(ULFA), which had been using the country as a base of operations 
against India. All of the ULFA prisoners reportedly were turned over to 
Indian authorities.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.
    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. Human rights activists alleged 
that legal protections were incomplete, due to deficiencies in police 
training and practice. The initiation of ICRC prison visits and the 
establishment of an ICRC mail service between detainees and family 
members helped to alleviate reports in previous years of incommunicado 
detention of prisoners.
    According to the ICRC, of those persons detained in connection with 
political dissidence and violence in 1991-92, 70 continued to serve 
sentences after conviction by the High Court. Reports indicated that 
six of those detained in 1991-92 were released in 2003. There were no 
developments and none expected in the case of Damber Singh Pulami, a 
member of the banned Bhutan People's Party, arrested in 2001. Some 
Nepal-based refugees who reportedly returned to the country without 
authorization were subsequently arrested.

    e. Denial of Fair Public Trial.--The judiciary is overseen by the 
National Judicial Commission, which was established in 2003. The King 
appointed a 39-member committee to draft a constitution in 2001, 
intended to establish a constitutional monarchy (see Section 3). The 
judicial system consists of three branches, the Sub-Divisional Court, 
the District Court, and a High Court. Only the King can pardon or 
commute a sentence. Judges to the High Court and twenty District Courts 
were appointed by the King on the recommendation of the National 
Judicial Commission and may be removed, suspended or censured by him, 
but only after the National Judicial Commission requests such action. 
The Chief Justice, using recommendations of the Judicial Service 
Council, made judicial appointments to the sub-divisional courts.
    The Office of Legal Affairs (OLA) is the judicial support 
department of the Government and conducted state prosecutions, drafted 
and reviewed legislation, and rendered legal counsel. The OLA is 
composed of a Legal Services Division with domestic, international, and 
human rights sections, and a Prosecution Division, with a criminal 
section and a civil section.
    Citizens generally had the right to a fair trial. Criminal cases 
and a variety of civil matters were adjudicated under both customary 
law and legal code established in the 17th century, revised in 1958 and 
1965, and codified in 2001 as the Bhutan Civil and Criminal Procedure 
Code. 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 had the right to be presented with written 
charges in their own language, and to be given time to prepare their 
own defense. According to some political dissidents, this practice was 
not always respected.
    There were reports that defendants received legal representation at 
trial, and could choose from a list of 165 government-licensed 
advocates to assist with their defense; however, it was not known how 
many defendants actually received such assistance. Defendants were also 
able to present their own cases. Village headmen, who had the power to 
arbitrate disputes, constituted the bottom rung of the judicial system. 
Magistrates, each with responsibility for a block of villages, could 
review the decisions of village headmen. 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, except for family law and cases involving juveniles. 
There was a legal requirement that citizens pay for their legal 
counsel; however, many citizens were unable to afford representation 
and thus, in practice, did not receive legal assistance in court.
    Questions on family law such as marriage, divorce, adoption and 
child custody were addressed under the Marriage Act of 1980, amended in 
1996.
    Approximately 70 prisoners were serving sentences for offenses 
related to political dissidence or violence. Most were ethnic Nepalese 
who committed the alleged offenses during 1991-92, and may be political 
prisoners (see Section 1.d.).

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The laws do not provide for these rights, and 
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 ethnic majority in all 
public places, and strictly enforced this law for visits to Buddhist 
religious buildings, monasteries, 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 (see Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Government restricted freedom 
of speech, and to a lesser extent, freedom of the press. The country's 
only regular publication was Kuensel, a weekly newspaper with a 
circulation of 15,000. It also reported stories on a daily basis 
through its on-line edition (kuenselonline.com). Kuensel was formerly 
government-run, and human rights groups stated that government 
ministries reviewed editorial material and suppressed or changed 
content. According to the Government, Kuensel was independent and 
funded entirely through advertising and subscription revenue. Its board 
consisted of senior civil servants and private individuals. Kuensel was 
published in the English, Dzongkha, and Nepali languages, although the 
Nepali edition had a minimal circulation. It supported the Government 
but occasionally reported criticism of the King and of government 
policies in the National Assembly. Unlike in previous years, there were 
no reports that journalists working for Kuensel were subjected to 
government threats and harassment. The Government maintained that there 
were no restrictions on individuals starting new publications; it 
argued instead that the market was too small to support any. Foreign 
newspapers and magazines were available, but readership was in the 
hundreds and primarily limited to government officials. There were no 
reports of government restrictions on academic freedom.
    The Government allowed television broadcasts of locally produced 
and foreign programs. There were 50 cable providers in the country with 
more than 15,000 subscribers. A large variety of programming was 
available, including CNN and BBC. The Government did not censor cable 
content. The radio station was government owned.
    The Government did not restrict use of the Internet; however, the 
Government did regulate all material it considered pornographic. In May 
2003, the Royal Bhutan University, comprised of 10 colleges, opened in 
Thimphu.

    b. Freedom of Peaceful Assembly and Association.--The law does not 
provide for freedom of assembly and association and the Government 
restricted these rights in practice by not permitting the creation of 
political parties and organizations; however, the Government allowed 
civic and business organizations to function freely. The Government 
regarded political parties organized by ethnic Nepalese exiles--the 
Bhutan People's Party, the Bhutan National Democratic Party, and the 
Druk National Congress as ``terrorist and antinational'' organizations 
and declared them illegal. These parties, which sought the repatriation 
of refugees and democratic reforms, 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 and Buddhism 
was the state religion. Approximately two-thirds of the population 
practiced either Drukpa Kagyupa or Ningmapa Buddhism.
    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. Societal pressure for conformity with Drukpa Kagyupa norms was 
prevalent.
    The King declared that major Hindu festivals were national 
holidays, and the royal family participated in them. However, there 
were no Hindu temples in Thimphu, despite the migration of many ethnic 
Nepalese to the city. NGOs reported that permission from the Government 
to build a Hindu temple was required but rarely granted. Followers of 
religions other than Buddhism and Hinduism generally were free to 
worship in private homes but could not erect religious buildings or 
congregate in public. International Christian relief organizations and 
Jesuit priests were active in education and humanitarian activities. 
Proselytization through financial and material inducement was illegal, 
and dissidents living outside the country claimed that the Government 
prohibited conversions. The Government denied the dissidents' claims, 
and asserted that any citizen was free to practice any religion openly.
    According to dissidents living outside of the country, only 
Buddhist religious teaching was permitted in the schools. Some 
dissidents claimed that Buddhist prayer is compulsory in all 
government-run schools. Applicants for government services sometimes 
were asked their religion before services were rendered. All government 
civil servants were required to take an oath of allegiance to the King, 
the country, and the people. The oath did not have religious content, 
but was administered by a Buddhist lama (see Section 5).
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law does not provide for these 
rights, and the Government placed some limits on them in practice. 
Citizens traveling in border regions were required to show their 
citizenship identity cards at immigration check points, which in some 
cases were located a considerable distance from what is in effect an 
open border with India. By treaty, citizens may reside and work in 
India. In addition, ethnic Nepalese claimed that they were frequently 
denied security clearances, which is a prerequisite for obtaining a 
passport form. The ethnic Nepalese said that since the clearances were 
based on the security clearance of their parents, the clearances 
frequently excluded children of ethnic Nepalese. All citizens must have 
a security clearance from the Government.
    The law neither provides for nor prohibits forced exile. Although 
the Government officially does not use formal exile, many political 
dissidents freed under government amnesties stated that they were 
released on the condition that they depart the country. The Government 
denied this. Many of those released subsequently registered at refugee 
camps in Nepal, and some relocated to India.
    The law does not provide for the granting of asylum in accordance 
with the 1951 U.N. Convention Relating to the Status of Refugees or its 
1967 Protocol (see Section 5); however, the Government recognizes the 
right to asylum in accordance with international refugee law. The 
Government has not established a system for providing protection to 
refugees. There were no reports that the Government did not provide 
protection against refoulement, the return of persons to a country 
where they feared persecution.
    During the mid- and late-1980s, citizenship became a highly 
contentious matter. Requirements for citizenship resulted in the 
denaturalization of many ethnic Nepalese residents of the country; 
however, residents who lost citizenship under the 1985 citizenship law 
were permitted to apply for naturalization if they were able to 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. In addition, citizens who 
voluntarily emigrated lost their citizenship. Beginning in 1988, the 
Government expelled large numbers of ethnic Nepalese to enforce the new 
citizenship law.
    Many of the ethnic Nepalese went to camps in Nepal where they 
remained. According to the U.N. High Commissioner for Refugees (UNHCR), 
over 100,000 ethnic Nepalese from the country have been living in 7 
camps in southeastern Nepal since the early 1990s. Also, approximately 
15,000 additional persons fled the country and now reside in the Indian 
states of West Bengal and Assam, but UNHCR has not accorded them 
refugee status. Since 1994, there have been an ongoing series of 
negotiations between Nepal and the country to resolve the Bhutanese 
refugee problem.
    In June 2003, the Joint Verification Team (JVT), composed of 
representatives of both the country and Nepal, released verification 
results for one of the refugee camps, the Khudunabari camp. It 
identified 2.4 percent of the total camp population as eligible 
Bhutanese citizens, with the absolute right of return, 70.6 percent 
were ``voluntary migrants,'' and would have to apply for citizenship in 
Bhutan if they chose to return, 24.2 percent were found to be ``non-
nationals'' and could not return, and 2 percent were found to be 
criminals and would have to face charges if they returned to the 
country. The 2.4 percent categorized as Bhutanese citizens remained in 
Nepal at year's end. During the year, the Government did not restart 
the JVT process, citing concerns over the security situation in Nepal 
following an attack on its verification team members by refugees in 
Khudunabari camp in December 2003.
    The Citizenship Act 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 from or 
otherwise departed the country.
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 the year, the 39-member Drafting Commission continued its 
consultations with international constitutional law experts. The Chief 
Justice of the High Court chaired the drafting committee, which was 
composed of representatives of the Monastic body, the people, the 
judiciary, and the Royal Government.
    In 2003, citizens elected 105 members of the 150-member National 
Assembly. Of the remaining 45 seats, the Buddhist clergy selected 10, 
and the King appointed the remaining 35 members. The National Assembly 
has the power to remove ministers whom the King appoints, but it never 
has done so. Political authority has been devolved to the National 
Assembly, which can pass legislation; however, ultimate control still 
resided in the King and the Cabinet, which is composed of the Royal 
Advisory Council and the Council of Ministers.
    The National Assembly, which convenes once a year, elects the 
Council of Ministers and the Royal Advisory Council. A special session, 
if necessary can be called at any time.
    Each National Assembly constituency consists of a number of 
villages. Each village is permitted to nominate one candidate, and the 
vote is conducted by secret ballot, according to national election law. 
There is no provision for self-nomination, and the law states that no 
person may campaign for the candidacy or canvass through other means. 
Political parties were not allowed. Parties established abroad by 
ethnic Nepalese and Eastern Bhutanese were banned (see Section 2.b.).
    In 2003, human rights activists claimed that the only time 
individual citizens have any involvement in choosing a National 
Assembly representative is when they were asked by the village headman 
for consensus approval of a village candidate. The activists claimed 
that district officials suggested candidates, who in turn take their 
direction from the central Government, and that consensus approval 
takes place at a public gathering. Human rights activists stated that 
there was no secret ballot; however, the Government refuted these 
allegations. According to the Government, a secret ballot was now 
mandatory, even if there was only one candidate.
    All cabinet ministers are nominated by the King and elected by the 
National Assembly. A minister's term is limited to 5 years, after which 
he or she must pass a vote of confidence in the National Assembly to 
remain in office. 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. The position of chairman rotates 
on a yearly basis, beginning with the minister who receives the most 
votes. The Chairman of the Council of Ministers also serves as Prime 
Minster and head of government. At year's end, Finance Minister Yeshey 
Zimba served as chairman and prime minister.
    Corruption was a growing concern during the year; however, the 
Government took some steps to combat the problem. In December, the 
Government created the Public Accounts Committee in the National 
Assembly, an anti-corruption agency charged with monitoring how 
government funds were spent. The Government also instituted an anti-
corruption fraud alert system where citizens could post information on 
corrupt practices on the Royal Audit Authority website.
    There is no law providing for public access to government 
information.
    There were 15 women in the 150-member National Assembly. There were 
2 women in the High Court, 23 percent of civil service employees were 
women, and women held more than 30 percent of positions at the Ministry 
of Foreign Affairs. There was no provision for allocating a set number 
or percentage of parliamentary seats for women or members of minority 
groups.
    All major ethnic groups were represented in the National Assembly, 
including 14 ethnic Nepalese. However, NGOs reported that ethnic 
Nepalese were underrepresented in the Assembly.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no legal human rights organizations 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.
    ICRC representatives conducted a biannual prison visit, and the 
Government allowed them unhindered access to detention facilities, 
including those in southern districts inhabited by ethnic Nepalese.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law does not prohibit discrimination on the basis of race, sex, 
disability, language, or social status. In the past, the Government 
committed many abuses against ethnic Nepalese, which led to the 
departure of 100,000 of them. 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 that ethnic 
and gender discrimination in employment was not a problem. It claimed 
that ethnic Nepalese filled 16 percent of the civil service or 
government employment, which was less than their proportion of the 
total population. Bhutanese human rights groups active outside the 
country claimed that ethnic Nepalese actually make up approximately 
one-third of the country's population, and that the Government 
underreported their numbers. The Government stated that 25 percent of 
the population was ethnic Nepalese. Ethnic Nepalese claimed they were 
subject to discrimination and prejudice.

    Women.--The law does not specifically prohibit domestic violence 
against women; however, the provisions of criminal law generally cover 
such crimes. There was no evidence that rape or spousal abuse were 
extensive problems. However, NGOs reported that many women did not 
report rape because of cultural taboos or because they were unaware of 
their legal options.
    The Rape Act contains a clear definition of criminal sexual assault 
and specified penalties. In cases of rape involving minors, sentences 
range from 5 to 17 years in prison. In extreme cases, a rapist may be 
imprisoned for life. There were few reported instances of sexual 
harassment.
    Women were accorded respect in the traditions of most ethnic groups 
and participated freely in the social and economic life of the country. 
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 accounted for the large numbers of women who owned 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 and it was 47 
percent. Women in unskilled jobs generally were paid slightly less than 
men in the same positions. Women constituted approximately 30 percent 
of the formal work force.
    Questions related to family law, including divorce, child custody, 
and inheritance were adjudicated by the Marriage Act of 1996. The 
minimum age of marriage for women was 18 years. The law provides for 
equal treatment for both men and women; however, the application of 
different legal practices based on membership in a religious or ethnic 
group often resulted in discrimination against women. Polygamy is 
allowed, provided the first wife gives her permission. Polyandry is 
permitted but rare. Marriages may be arranged by the marriage partners 
themselves as well as by their parents. Divorce was common. The law 
requires that all marriages be registered.
    The National Women's Association of Bhutan has been active since 
1981 and has tried to encourage women to improve their living standards 
and socio-economic status. A National Commission on Women and Children 
was established during the year to promote the rights of women and 
children.

    Children.--The Government demonstrated its commitment to child 
welfare by rapidly expanding the number of primary schools, healthcare 
facilities, and immunization programs. For example, the King 
established the Youth Development Fund in 1998 to provide assistance 
for ongoing and new youth activities and programs. 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. During the year, 
the participation rate for children in primary schools was estimated at 
85 percent, with the rate of completion of 7 years of schooling at 86 
percent for girls and at 73 percent for boys. There is no law barring 
ethnic Nepalese children from attending school. However, many primary 
schools in southern areas heavily populated by ethnic Nepalese were 
closed in 1990 and remained closed. The closure of the schools 
effectively barred ethnic Nepalese in southern areas from obtaining 
primary and secondary education. Dissidents claimed that the few 
schools operating in the south gave preference to the children of 
government officials and members of the security forces. The shortage 
of places in these schools often forced local inhabitants to send their 
children to other areas of the country for schooling.
    The Government denied security clearance forms to children of 
ethnic Nepalese who the Government claimed were ``anti-nationals.'' 
Exile groups claimed that Nepalese secondary-level 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 were related to prominent dissidents or 
refugees. This allegation was based on the fact that they were denied 
the security clearance necessary to obtain a passport for travel 
abroad. The Government refuted this claim, stating that all 
scholarships were merit based.

    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. In September 2003, Bhutan ratified the 
South Asian Association for Regional Cooperation (SAARC) convention on 
preventing and combating trafficking in women and children for 
prostitution.

    Persons With Disabilities.--The law does not specifically protect 
the rights of citizens with disabilities, nor does it mandate access to 
buildings; however, there was no evidence of official discrimination 
against persons with disabilities with regard to employment, education, 
access to health care, or in the provision of other state services.

    National/Racial/Ethnic Minorities.--After the expulsion of many 
ethnic Nepalese in the early 1990s, discriminatory measures with regard 
to ethnic minority communities continued. The law requires that the 
national dress be worn for official occasions and as a school uniform, 
and that Dzongkha be taught as a second language in all schools. No 
instruction in Nepali as a second language was required or offered.
    Drukpa Bhutanese have been resettled in the southern part of the 
country on land vacated by the ethnic Nepalese living in refugee camps 
in Nepal (see Section 2.d.). Human rights groups maintained that this 
prejudiced 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 facilitate the return of ethnic Nepalese refugees has 
tended to reinforce societal prejudices against this group, as has the 
Government's one-time only policy on the forced retirement of refugee 
family members in government service and the resettlement of Drukpa on 
land vacated by expelled ethnic Nepalese in the south. The Government 
claimed the resettlement scheme was part of a nationwide program to 
discourage migration to urban centers and reduce landless people's 
dependence on migrant farming.
Section 6. Worker Rights
    a. The Right of Association.--The law does not allow workers to 
form or join unions and there were no labor unions. The Government 
maintained that, with very little industrialization, there was little 
labor to be organized. The total labor force numbered approximately 
412,000 persons, of whom 279,000 worked in rural areas. In 2003, a 
Ministry of Labor was established to analyze the country's labor 
situation and provide vocational training.

    b. The Right to Organize and Bargain Collectively.--The law does 
not authorize collective bargaining or the right to strike, and the 
Government was not a member of the International Labor Organization. 
Industry accounted for approximately 25 percent of the GDP but employed 
only a minute fraction of the total work force. The country lacked a 
large pool of ready labor; for major projects, such as road works, the 
Government brought in hired laborers from India.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced or compulsory labor and there were no reports that 
such practices occurred. However, voluntary community service was often 
practiced, which included building local roads, schools and hospitals. 
The system of mandatory national work service was abolished in 1996; 
however, NGOs stated that this practice was still administered 
selectively. For instance, NGOs believed the practice often selected 
poor agricultural workers at the height of the harvesting season. There 
was no evidence to suggest that domestic workers were subjected to 
coerced or bonded labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There is no minimum age for employment; however, the minimum age of 18 
was established ``in all matters of the state.'' Children often 
performed agricultural work and chores on family farms. The law does 
not specifically prohibit forced or compulsory labor by children, but 
there were no reports that such practices occurred. As a state party to 
the U.N. Convention on the Rights of the Child, the Government 
supported the provisions contained therein.

    e. Acceptable Conditions of Work.--A 1994 circular established wage 
rates, rules and regulations for labor recruiting agencies. It also 
established 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, and employers must grant regular days of leisure. 
Work in excess of this must be paid at one and one-half times normal 
rates.
    The largest salaried work force was the government service, which 
had an administered wage structure last revised in 1988 but 
supplemented by special allowances and increases. The last such 
increase was in 1999. Civil Service regulations require equal pay for 
equal work for men and women. According to the latest Census of 
Manufacturing Industries, only 38 industrial establishments employed 
more than 50 workers. The Government favored family-owned farms. Land 
laws prohibit a farmer from selling his or her last 5 acres and require 
the sale of holdings in excess of 25 acres. This, along with the 
country's rugged geography, resulted in a predominantly self-employed 
agricultural workforce. Workers are entitled to free medical care. 
Persons who could not receive adequate care within the country were 
flown to other countries (usually India) for treatment. Workers are 
eligible for compensation for partial or total disability, and, in the 
event of death, their families are entitled to compensation. Existing 
labor regulations do not grant workers the right to remove themselves 
from work situations that endanger health and safety without 
jeopardizing their continued employment.

                               __________

                                 INDIA

    India is a longstanding parliamentary democracy with a bicameral 
parliament. The Head of State is President A.P.J. Abdul Kalam, who was 
elected in 2002 by an electoral college consisting of Members of 
Parliament (M.P.s) and members of state assemblies. Prime Minister Atal 
Bihari Vajpayee, whose Bharatiya Janata Party (BJP) led a multiparty 
coalition, headed the Government until May. Manmohan Singh was named 
Prime Minister following the victory in the April-May general elections 
of his Congress-led coalition. The general elections, and the October 
State Assembly elections held in Andhra Pradesh, Sikkim, Karnataka, 
Madhya Pradesh, Orissa, Arunachal Pradesh, and Maharashtra were 
considered free and fair, despite scattered episodes of violence. The 
judiciary is independent; however, it faced a serious backlog, and 
nongovernmental organizations (NGOs) alleged that corruption influenced 
some court decisions.
    Although the 28 state governments have primary responsibility for 
maintaining law and order, the central Government provides guidance and 
support. The Ministry for Home Affairs controls most paramilitary 
forces, the internal intelligence bureaus, and the nationwide police 
service, and provides training for senior police officers of the state-
organized police forces. The civilian authorities maintained effective 
control of the security forces. Members of the security forces 
committed numerous serious human rights abuses.
    The country continued its transition from a government-controlled 
to a largely market-oriented economy. The private sector was 
predominant in agriculture, most non-financial services, consumer goods 
manufacturing, and some heavy industrial sectors. The economic growth 
rate during the year was approximately 7 percent. A 1.7 percent annual 
population growth rate, and a population that surpassed 1.03 billion, 
according to the most recent census figures of 2001, compounded the 
country's economic problems. Wages and benefits kept pace with 
inflation. On December 26, a large-scale tsunami devastated parts of 
the southeastern coastal areas of the country, killing, injuring and 
displacing thousands of persons.
    The Government generally respected the human rights of its 
citizens; however, numerous serious problems remained. Police and 
security forces were sometimes responsible for extrajudicial killings, 
including staged encounter killings, and custodial deaths. Government 
officials often used special antiterrorism legislation to justify the 
excessive use of force while combating active insurgencies in Jammu and 
Kashmir and several northeastern states. Security force officials who 
committed human rights abuses generally enjoyed de facto legal 
impunity, although there were numerous reports of investigations into 
individual abuse cases as well as punishment of some perpetrators. 
Other violations included: torture and rape by police and other 
government agents; poor prison conditions; lengthy pretrial detention 
without charge; prolonged detention while undergoing trial; occasional 
limits on press freedom and freedom of movement; harassment and arrest 
of human rights monitors; extensive societal violence and legal and 
societal discrimination against women; forced prostitution; child 
prostitution and female infanticide; trafficking in women and children; 
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; and 
widespread exploitation of indentured, bonded, and child labor.
    Separatist guerrillas in Kashmir and the Northeast committed 
numerous serious abuses, including killing armed forces personnel, 
police, government officials, and civilians. They also engaged in 
torture, rape, and other forms of violence, including beheadings, 
kidnapping, and extortion.
                        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 deprivation of life by government forces (including deaths in 
custody and staged encounter killings) continued throughout the year. 
The highest incidences were in Uttar Pradesh, Andhra Pradesh, Bihar, 
Chhattisgarh, as well as states with ongoing insurgencies such as Jammu 
and Kashmir, Manipur, and Assam. Security forces offered bounties for 
wanted militants. Police and prison officers also committed 
extrajudicial killings of criminals and suspected criminals in a number 
of states. Militant groups killed members of rival factions, government 
security forces, government officials, and civilians in Jammu and 
Kashmir, several northeastern states, and in the Naxalite belt in 
Eastern India (particularly Andhra Pradesh, Chhattisgarh, Jharkhand, 
Bihar, and West Bengal).
    The Home Ministry reported that militant attacks in Jammu and 
Kashmir declined from the previous year, with 733 civilians (including 
92 women, 32 children, and 62 political workers), 330 security force 
members and 976 militants killed during the year. Human rights groups 
alleged that security forces killed numerous captured non-Kashmiri 
militants from Pakistan or other countries, often after torturing them, 
and staged many encounters, summarily executing suspected militants and 
civilians believed to be assisting them. There were no widely accepted 
data on the magnitude of the problem of extrajudicial killings in Jammu 
and Kashmir, with estimates or reports largely depending on the 
political orientation of the source. The Jammu and Kashmir State Human 
Rights Commission reportedly received 15 complaints relating to 
custodial deaths in 2003 and 27 complaints relating to disappearances. 
Human rights organizations sought to clarify these cases by submitting 
numerous requests to Jammu and Kashmir authorities in recent years, but 
received inadequate and unsatisfactory responses.
    According to human rights activists, press reports, and anecdotal 
accounts, the bodies of persons detained by security forces in Jammu 
and Kashmir were often returned to relatives or otherwise discovered 
with multiple bullet wounds and/or marks of torture. The South Asian 
Human Rights Documentation Center (SAHRDC) reported that the total 
number of such custodial deaths decreased slightly during the year, but 
remained a serious problem.
    There were no developments in the 2003 case of Mohammed Ashraf 
Malik who was found dead in a forest in Jammu and Kashmir after having 
been in Rashtriya Rifles (a paramilitary unit) custody.
    In February in the Bandipora area of north Kashmir, five civilian 
porters were killed after security forces allegedly used them as human 
shields in a gunfight with militants. The incident led to widespread 
demonstrations and rioting. Following the incident, Army Chief of Staff 
General N.C. Vij announced that the Army would no longer use civilian 
porters in combat operations. On March 31, State Finance Minister 
Muzaffar Beig and Northern Commander Lt. General Hari Prasad reported 
that those responsible for the incident had been punished, but gave no 
details.
    In June, Gujarat police killed three men and a woman, alleged to 
have been on a mission to kill Gujarat Chief Minister Narendra Modi. 
The National Human Rights Commission (NHRC) asked the Director General 
of Police and Senior Superintendent of Police in Ahmedabad to 
investigate. Human Rights activists challenged police allegations that 
these persons were linked to this plot, but the case was never fully 
resolved. A Gujarat court later dismissed charges against 13 other 
persons implicated in this case due to lack of evidence. The family 
members of those killed did not file petitions claiming the killings 
were extrajudicial, and no action was taken against police involved in 
the killing.
    On July 11, Manorama Devi, an alleged member of the People's 
Liberation Army (PLA) in the northeastern state of Manipur, died while 
in the custody of the Assam Rifles, a paramilitary unit in the state. 
Officials initially denied that Devi was killed, tortured, or raped, 
but the postmortem found that she died of multiple gunshot wounds, was 
bleeding from the vagina, and had a perforated liver and gall bladder, 
among other injuries, and forensic tests detected semen stains on her 
clothes. The case prompted demonstrations and riots, and led to a 
serious deterioration of the security situation in Manipur. The 
National Commission for Women (NCW) publicized the case, and the Army 
ordered an investigation; however, by year's end, culpability for her 
death had not been established.
    Prosecutions in custodial death cases were often subject to lengthy 
delays. In February, for instance, a Delhi police constable was 
sentenced to life imprisonment for a custodial death at Lahori Gate 
police station that occurred 12 years earlier.
    The national and Jammu and Kashmir state governments took initial 
steps to respond to charges that authorities have not been transparent 
in their treatment of human rights violators, and that those who 
committed abuses enjoyed impunity. In March, the press reported that 
the Jammu and Kashmir Government had opened investigations into 37 
cases of alleged deaths in custody and disappearances reported since 
the Government took office in 2002. In April, Chief of Army Staff 
General N.C. Vij reported that of 1,340 allegations of human rights 
abuses reportedly committed from 1990-2000 in Jammu and Kashmir, 33 
were substantiated by evidence, and 71 personnel had been punished. In 
May, the NHRC reported that during the past 14 years of insurgency in 
Jammu and Kashmir, the Army had punished 131 of its personnel for human 
rights violations, giving 2 life sentences and 33 others jail terms of 
11 to 12 years, dismissing 11 personnel from the military, and ordering 
various other punishments to the remainder.
    A Senior Superintendent of Police in Jammu and Kashmir who was 
suspended in July 2003 for allegedly falsifying the DNA samples of five 
civilians killed in 2000 in staged encounters in Chattisingpora, 
Anantnag District, appealed the decision to the Central Administrative 
Tribunal. By year's end, there were no developments in this case.
    According to local press reports, the number of persons killed in 
encounter deaths varied widely throughout the country; however, members 
of the security forces were rarely held accountable for encounter 
killings.
    Human rights activists maintained that in cases of illegal conduct, 
the Government increasingly substituted financial compensation to 
victims' families for punishment of security officers. In some 
instances, victims or their families distrusted the military judicial 
system and petitioned to have their cases transferred from a military 
to a civil court. The NHRC has no jurisdiction over any courts, 
including military courts.
    In May, the Ministry of Home Affairs ruled in favor of the NHRC, 
which had challenged the military position that its forces were exempt 
from paying compensatory damages for human rights violations, and 
ordered $4,200 (Rs 200,000) compensation be paid to the next of kin of 
two people killed by a Border Security Forces (BSF) guard in Rajasthan 
in 2000.
    Although the authorities generally did not report encounter deaths 
that occurred in Jammu and Kashmir to the NHRC, the Association of 
Parents of Disappeared Persons (APDP) reported that as of June, there 
were 54 custodial deaths since the Jammu and Kashmir state government 
assumed office in November 2002.
    According to the NHRC, by August, 45 deaths in police custody and 
438 deaths in judicial custody occurred throughout the country. Uttar 
Pradesh ranked the highest, with 6 custodial deaths.
    During the year, the killing of civilians continued during 
counterinsurgency operations in Jammu and Kashmir. Human rights 
activists stated that accurate numbers were not available due to 
limited access to the region. In 2003, the Home Ministry reported 28 
civilians killed, between April and June, and Amnesty International 
(AI) alleged that over 340 were killed during the year.
    The Armed Forces Special Powers Act (AFSPA) and the Disturbed Areas 
Act remained in effect in Jammu and Kashmir, Nagaland, Manipur, Assam, 
and parts of Tripura, where active secessionist movements existed. The 
Disturbed Areas Act gives police extraordinary powers of arrest and 
detention, and the AFSPA provides search and arrest powers without 
warrants (see Section 1.d.). Human rights groups alleged that security 
forces operated with virtual impunity in areas under the Act.
    Accountability by the Jammu and Kashmir Government remained a 
serious problem. Indian human rights groups estimate that 30,000-35,000 
persons have died during the conflict in Jammu and Kashmir, but there 
were no reliable estimates of the number of deaths resulting directly 
from abuses. Security forces have committed thousands of serious human 
rights violations over the course of the 15-year insurgency, including 
extrajudicial killings, disappearances, and torture (see Sections 1.b. 
and 1.c.).
    In December 2003, the Jammu and Kashmir Chief Minister reported 
that there had been 8 custodial deaths in the state during the year, 
compared to 11 in 2001. According to the authorities, many died from 
natural causes aggravated by poor prison conditions (see Section 1.c.).
    Human rights groups noted that police officials often refused to 
turn over the bodies of dead suspects in cases of suspected staged 
encounters. The bodies of dead suspects were often cremated before 
their families could view them. In 2002, the Supreme Court ordered the 
central government and local authorities to conduct regular checks on 
police stations to ascertain the incidence of custodial violence; 
however, the overwhelming majority of police stations failed to comply. 
There were reports of deaths in custody resulting from alleged torture 
or other abuse.
    Deaths in custody were common both for suspected militants and 
criminals. The Home Ministry reported that, nationwide, deaths in 
custody had increased from 1,340 in 2002 to 1,462 by the end of 2003. 
According to the NHRC, state governments had not investigated at least 
3,575 previous deaths in custody cases.
    On August 10, police officials initially admitted that Khwaja 
Yunus, accused of a December 2, 2002, terrorist bombing in Ghatkopar, a 
suburb of Mumbai, died while in police custody in January 2003. An 
eyewitness saw police officers beating and kicking Yunus shortly before 
his disappearance. Police later maintained that Yunus escaped from 
police custody and is currently at large. In August 18 testimony to the 
state assembly, the Maharashtra Home Minister stated that there had 
been 439 custodial deaths in the state in the past 3 years, including 
58 deaths in police custody and 381 in judicial custody.
    Human rights activists reported during the year that compliance 
varied from state to state regarding a directive issued by the NHRC in 
1993 requiring district magistrates to report all deaths in police and 
judicial custody to the commission. The NHRC regarded failure to do so 
as an attempted cover-up. The NHRC has not released information on how 
many or which states have complied with the directive; however, no 
state fully complied with this order at year's end.
    During the year, a few state governments took some measures 
regarding custodial deaths. The Director General of Police for the 
state of Punjab reported that his agency investigated the deaths of 
five persons in police custody and determined that police were innocent 
in three cases; he initiated criminal proceedings for the other two.
    In June, a court in Calcutta sentenced five police officers to life 
imprisonment for killing a traffic sergeant who had protested their 
harassment of a young girl in December 2003.
    In Jammu and Kashmir, members of paramilitary forces who succeeded 
the former Special Operations Group (SOG) of the state police continued 
to commit human rights violations. In an attempt to reduce these 
violations, and to fulfill campaign pledges, the state government in 
2003 subordinated SOG members to regular police units, although 
politicians and others continued to refer to them as ``SOG.'' Jammu and 
Kashmir police officials reported that they also charged 53 former SOG 
members with human rights violations and removed 25 of them from duty 
since the state government took office in November 2003. Despite the 
purported integration of former SOG personnel into regular police 
units, during the year, former SOG personnel continued to operate in 
cohesive anti-insurgency units, and regular reports of human rights 
violations by its members persisted. For example, on August 19, a unit 
consisting of former SOG personnel, in coordination with the BSF, 
raided the house of Manzoor-ul Islam, a suspected militant, and 
allegedly took him into custody. The unit later reported him killed in 
an encounter the following day.
    Killings and abductions of suspected militants and other persons by 
progovernment countermilitants continued to be a significant problem in 
Jammu and Kashmir. Countermilitants were former separatist guerillas 
who surrendered, but who were permitted by the Jammu and Kashmir 
Government to retain their weapons and paramilitary organization and 
were inducted into police auxiliary units. Government agencies funded, 
exchanged intelligence with, and directed the operations of 
countermilitants as part of the counterinsurgency effort.
    Countermilitants occasionally searched persons at roadblocks (see 
Section 2.d.) and were present in some rural areas of the Kashmir 
Valley; their number has declined substantially since the 1990s. The 
Jammu and Kashmir Government, through its sponsoring and condoning of 
extrajudicial countermilitant activities, was responsible for killings, 
abductions, and other abuses committed by these groups. According to a 
human rights activist in Jammu and Kashmir, there were between 300-400 
countermilitants operating in the region during the year.
    Violence, often resulting in deaths, was a pervasive element in 
Jammu and Kashmir politics (see Section 3). Separatist guerrillas 
attempted to kill numerous senior politicians, making several attempts 
against Chief Minister Mufti Mohammed Sayeed, People's Democratic Party 
leader Mehbooba Sayeed, National Conference President Omar Abdullah and 
his father, former Chief Minister Farooq Abdullah, as well as many 
ministers and dozens of other rank-and-file activists in an array of 
political parties. By the end of the year, the number of politicians 
and political workers killed by militants and terrorists exceeded 30.
    Countrywide, there were 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 insurgency (see Sections 1.b., 1.c., 1.d., and 
1.g.).
    The number of persons killed and injured in militant violence in 
the northeastern states was significant. Numerous encounters involving 
security forces and militant organizations such as the United 
Liberation Front of Asom (ULFA), the National Democratic Front of 
Bodoland (NDFB), and the United People's Democratic Solidarity (UPDS) 
continued.
    The press published frequent reports of gruesome killings of 
civilians by militants in Jammu and Kashmir, including beheadings, 
amputation of limbs, and other atrocities. In January, militants 
beheaded photographer Farooq Ahmad Mirza after shooting his wife in the 
presence of their minor sons in Pulwama district in south Kashmir (see 
Section 2.a.).
    In the northeastern states, insurgency and ethnic violence 
continued to be a problem. According to human rights activists and 
journalists during the year, a few Naxalites (Maoist guerillas) in 
eastern and central parts of the country (including Madhya Pradesh, 
Andhra Pradesh, West Bengal, Bihar, Chhattisgarh, Jharkhand, parts of 
Uttar Pradesh, and Maharashtra) who surrendered, retained their weapons 
and worked for the police as anti-People's War Group (PWG) officers. 
Human rights groups alleged that police used former Naxalites to kill 
current 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.
    Militant groups in the Northeast continued to attack civilians. For 
example, members of ULFA took responsibility for an August 15 
Independence Day bomb attack in the town of Dhemaji, which killed 13 
civilians, including 10 schoolchildren (see Section 1.g.).

    b. Disappearance.--There were no confirmed reports of politically 
motivated disappearances due to action by government forces; however, 
scores of persons disappeared in strife and militancy-torn areas during 
the year.
    In June 2003, the Jammu and Kashmir government reported that 3,931 
persons had disappeared in the state since the militancy began in 1990. 
This figure contrasted with that given by the Association of Parents of 
Disappeared Persons (APDP), which put the number at more than 8,000. In 
May, the Government reported that many of those listed as missing by 
the APDP in March of 2003, had joined insurgent groups, had been 
killed, were in custody, or were in Pakistan.
    In May, an army patrol in Jammu and Kashmir arrested Mohammad 
Hussain Ashraf, who reportedly had a mental disorder, after he ran away 
from the soldiers. The soldiers reportedly beat Ashraf before taking 
him to Khrew army camp. Later the same day, the man's parents learned 
of his detention and went to the camp to secure his release. Army 
personnel told them he was in their custody and would be released. On 
June 7, the Army reportedly stated that they had released Ashraf after 
a short detention, and at year's end his whereabouts were unknown.
    The Jammu and Kashmir State Human Rights Commission instructed the 
police to furnish all details about a youth, Wasim Ahmad Rather, who 
disappeared on June 14 in the Anantnag region of the state. The child's 
parents asserted that police had arrested him, and they had not seen 
him since. The police denied that they arrested the boy. No further 
action had been taken at year's end.
    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 intended only for short-term 
confinement. Human rights activists feared that many of these 
unacknowledged prisoners were subjected to torture and some were killed 
extrajudicially (see Sections 1.a. and 1.c.).
    The Government maintained that screening committees administered by 
the state governments provided information about these detainees to 
their families. However, other sources indicated that families could 
only confirm the detention of their relatives by bribing prison guards. 
In 2002, the state government of Jammu and Kashmir implemented a 
screening system to review detention cases and release numerous 
detainees (see Section 1.d.). In March 2003, the Joint Screening 
Committee in Jammu and Kashmir recommended the release of 24 persons, 
of whom 17 were released. According to press reports, during February 
and March, the government released 118 separatist detainees in 
conjunction with its dialogue with the moderate faction of the All-
Parties Hurriyat Conference (APHC), an alliance of political, social, 
and religious organizations created to further the cause of Kashmiri 
separatism.
    Many detainees were released under the state's 1978 Public Safety 
Act, including 24 in January, 34 in February, 12 in March, 2 in April, 
and 92 in June.
    On February 27, the Government released 86 Muslims in Kashmir who 
had been detained under the Prevention of Terrorism Act (POTA).
    In Punjab, the pattern of disappearances prevalent in the early 
1990s ended; however, during the year, the Government failed to hold 
accountable hundreds of police and security officials for serious human 
rights abuses committed during the counterinsurgency of 1984-94, 
despite the presence of a special investigatory commission. No action 
was taken and no new information was available on the 634-page report 
filed in June 2003 by the Punjab-based human rights organization, 
Committee for Coordination of Disappearances in Punjab (CCDP), which 
documented 672 cases of disappearance stemming mostly from the period 
of the counterinsurgency. The Government took no action in any of these 
cases, and none was expected
    During the year, no action was taken by the Central Bureau of 
Investigation (CBI), which claimed to be actively pursuing charges 
against dozens of police officials implicated in the 1980s, for mass 
cremations in which it is alleged that police in Amritsar, Majitha, and 
Tarn Taran district secretly disposed of approximately 2,000 bodies of 
suspected militants. The militants were allegedly abducted, 
extrajudicially executed, and cremated without the knowledge or consent 
of their families during the height of Sikh militancy in Punjab.
    During the year, the NHRC continued to investigate the 2,097 cases 
of illegal cremation that occurred between 1984 and the early 1990s. 
The NHRC has asked families whose members have disappeared to come 
forward and provide evidence. It has not yet released its findings, and 
no significant progress was made in identifying the cremated bodies or 
bringing to justice those responsible for the killings. During the 
year, families of victims in other cities in Punjab petitioned the NHRC 
for redress, and a small percentage received a response in July. The 
NHRC announced an award of approximately $5,500 (Rs. 240,000) to 109 
families who had relatives cremated, without admitting liability. The 
police admitted that the victims had been in custody, but maintained 
that a number of the detainees were killed in crossfire after militants 
attacked a police convoy searching for hidden weapons.
    There were credible reports that police throughout the country 
often did not file legally required arrest reports, resulting in 
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.
    Militants in Jammu and Kashmir and the northeastern states 
continued to use kidnappings to terrorize the population, seek the 
release of detained comrades, and extort funds. During the year, 
numerous railroad and construction company contractors were kidnapped 
for ransom in Jammu and Kashmir. The employers of the kidnapped accused 
police of turning a blind eye to the problem. Some kidnapped persons in 
Jammu and Kashmir and the Northeast were murdered (see Sections 1.a. 
and 1.g.).
    On September 30, in Srinagar, unidentified gunmen abducted and 
killed Mohammad Rafiq Shah, President of the Jammu and Kashmir Peoples 
Liberation League, and a leader of a moderate faction of the APHC.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture, and states that confessions 
extracted by force generally are inadmissible in court; however, 
authorities often used torture during interrogations and extorted money 
as summary punishment.
    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. 
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.). 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 took place during criminal investigations and 
following unlawful and arbitrary arrests.
    In May, in Ambedkarnagar, Uttar Pradesh, police arrested a day 
laborer and tortured him when he failed to pay a $1000 (Rs. 50,000) 
bribe. According to media reports, police admitted the victim to the 
hospital under a false name after injecting him in the rectum with 
petrol. Police also threatened to harm his family if he reported the 
incident. The Delhi High Court filed a case against police when it 
learned of the matter and called the Deputy Chief of Police to testify. 
The case was ongoing at year's end.
    In July, the NHRC requested a report from Punjab's Inspector 
General of Prisons (IGP) after a man incarcerated in Amritsar's Central 
Jail claimed he was branded on his back by the Deputy Superintendent 
and other prison officials when he demanded water and better treatment. 
Doctors found fresh scars on his back that had been inflicted with hot 
iron rods. No action was taken at year's end.
    In July, the Punjab State Human Rights Commission (PSHRC) required 
police officials to submit a report concerning the case of a prisoner 
in police custody who was allegedly made to sign four blank confession 
forms after repeated torture by electric shock.
    Also in July, the state unit of the People's Union for Civil 
Liberties claimed that Bihar police tortured two Nepalese insurgents, 
one of whom was female, by forcing them to stand naked before a mirror 
for two days and threatening to inject them with the HIV/AIDs virus. 
Authorities claimed that the accusations made against police were false 
and no further action was taken.
    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 indigenous 
people (see Section 5).
    In Jammu and Kashmir, torture victims or their relatives reportedly 
had difficulty filing complaints, as local police allegedly were 
instructed not to open a case without permission from higher 
authorities. In addition, under the Armed Forces (Jammu and Kashmir) 
Special Powers Act of 1990, 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,'' without the approval of the central Government. The Act gives 
security force personnel the authority to shoot suspected lawbreakers 
and those disturbing the peace, and to destroy structures suspected of 
harboring militants or containing weapons. Human Rights organizations 
alleged that this provision allowed the security forces to act with 
virtual impunity (see Section 1.d.).
    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. A higher incidence 
of abuse appeared credible, given other evidence of abusive behavior by 
police, and the likelihood that many rapes went unreported due to the 
victims' shame and fear of retribution. However, legal limits placed on 
the arrest, search, and police custody of women appeared to effectively 
reduce the frequency of rape in custody. There were no recent NHRC data 
on the extent of this problem.
    In August, two soldiers accused of rape in Kokrajhar, Assam, in 
June 2003 were dismissed from service and sentenced to 10 years 
rigorous imprisonment.
    There was a pattern of rape by paramilitary personnel in Jammu and 
Kashmir and the Northeast as a means of instilling fear among non-
combatants in insurgency-affected areas (see Section 1.g.). However, 
these incidents were not included in NHRC statistics, as the NHRC does 
not have direct investigative authority over the military.
    In October, the Army reported that it would conduct an inquiry into 
the case of an alleged gang rape of a girl in Srinagar, Jammu and 
Kashmir, for which six persons, including two security personnel, were 
arrested. At year's end, no action was taken. In November police 
registered cases for another two rapes, one against seven Army 
personnel who allegedly gang-raped a woman in Anantnag in South 
Kashmir, and the second against a Major Rehman who allegedly raped a 
mother and a daughter during a search operation near Handwara in 
Kashmir. In December, court martial proceedings were initiated against 
Major Rehman. By year's end, the case had not been decided.
    In July, the NCW directed all asylums to check the legitimacy of 
insanity certificates after reports of husbands using these 
certificates as grounds for divorce against their wives. The move was 
directed after a resident psychiatrist at the Agra Mental Asylum was 
accused of issuing false insanity certificates for this purpose, and 
the failure of the Agra police to file a First Information Report (FIR) 
within the required time period.
    During the year, the Government gave the NHRC the authority to 
recommend interim compensation in cases relating to human rights abuses 
by the armed forces. Officers of the rank of colonel were designated at 
the command, corps, division and counter-insurgency headquarters to 
monitor human rights issues. According to the NHRC, there were 1,039 
cases of human rights violations by the security forces from 1990-1999, 
an average of 109 per year. The NHRC reported a marked decline since 
that period, with 16 cases reported in 2003, and 4 in the current year. 
The NHRC reported that it registered 756 cases against the military, 
172 against paramilitary forces and 109,902 against the police since 
2001.
    Prison conditions were harsh and life-threatening. Prisons were 
severely overcrowded, and food and medical care inadequate. For 
example, the Mumbai-based Criminal Justice Initiative reports that 
there were 3,000 inmates in Bombay Central Jail, which has an actual 
capacity of 800. Sources claimed that between 60 and 75 percent of all 
inmates were awaiting trial, contributing to overcrowding, and that as 
many as 65 percent of all arrests were false, indicating that a large 
percentage of those imprisoned could be innocent (see Section 1.d.).
    In May, the Jammu and Kashmir Bar Association released a report 
accusing state jail authorities of providing inadequate food to inmates 
and torturing them. The report alleged that this contributed to 
malnutrition, organ failure, and insanity among prison inmates. The 
report also claimed that juvenile detainees were imprisoned with adult 
detainees, and kept under detention after being acquitted by trial 
courts. According to press reports, prison officials used prisoners as 
domestic servants and sold female prisoners to brothels (see Sections 
5, Trafficking, and 6.c.).
    At the end of September, New Delhi's Tihar jail housed over 10,000 
inmates, three times its sanctioned capacity of 3,637. In 2002, the 
Government announced plans to address overcrowding by building four 
additional prisons. In December, the Rohini District Jail, the first of 
the new prisons opened in Delhi, had a capacity of 1,050 prisoners. The 
Government reported it has acquired land for a second new jail in the 
capital.
    According to one NHRC report, a large proportion of the deaths in 
judicial custody were from natural causes, in some cases aggravated by 
poor prison conditions (see Section 1.a.). Tuberculosis caused many 
deaths, and HIV/AIDS remained a serious health threat in the prison 
system. The NHRC's Special Rapporteur and Chief Coordinator of 
Custodial Justice was charged to help implement a directive to state 
prison authorities to perform medical check-ups on all inmates. At 
year's end, medical checks were only available to a few inmates.
    NGO sources alleged that deaths in police custody, which occurred 
within hours or days of initial detention, often implied violent abuse 
and torture (see Section 1.a.).
    Women were housed separately from men. 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 convicted prisoners.
    During the year, custodial deaths at the hands of the police 
continued. The Assam Human Rights Commission awarded interim 
compensation of $1,000 (Rs. 50,000) to the next of kin of ULFA cadre 
Ananta Roy, after confirming that he died in custody of Kokrajhar 
police in 1999. The Commission recommended that the state government 
prosecute the guilty police personnel. No official action was taken by 
year's end.
    In June, the Delhi High Court found several police officers guilty 
in the custodial death of an auto-rickshaw driver, and fined them each 
approximately $11,000 (Rs. 500,000). Criminal charges were pending.
    In April, the Home Ministry reported that there were 28,765 
complaints lodged against police for April 2003 and the 12-month period 
following, compared with 29,964 during the same period in 2001-2002. 
The NHRC reported there were 42 deaths in police custody during the 
year.
    Local authorities often attempted to hide custodial killings. 
Despite this, the NHRC and the courts investigated those cases brought 
to their attention and prosecuted the perpetrators. In some cases, the 
courts awarded monetary compensation of between $400 (Rs. 17,500) and 
$2,200 (Rs. 96,000) to the next of kin. In some cases, NGO sources 
stated that relatives did not receive the compensation that was 
awarded.
    Some NGOs were allowed to work in prisons, within specific 
governmental guidelines, but their findings remained largely 
confidential, as a result of agreements they concluded with the 
Government. Although custodial abuse was 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.
    According to the Home Ministry's annual report, the International 
Committee of the Red Cross (ICRC) visited 55 detention centers and over 
7,000 detainees during the year, including all acknowledged detention 
centers in Jammu and Kashmir, and all facilities where Kashmiris were 
held elsewhere in the country. However, the ICRC was not authorized to 
visit interrogation 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 continued to encounter 
difficulties in maintaining regular access to persons detained in Jammu 
and Kashmir. The NHRC received authorization from 15 states and union 
territories to conduct surprise visits to jails.
    In a report issued in January, the U.N. Special Rapporteur on 
Torture commented that torture and detentions continued in the country, 
especially in Jammu and Kashmir, and noted the Government's continued 
refusal to extend him an invitation to conduct investigations.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, arbitrary arrest and detention 
occurred during the year.
    On September 21, President Kalam signed a bill repealing the POTA, 
and in December, Parliament passed legislation for its repeal. With its 
repeal, numerous features of POTA, including the legal definition of 
terrorism and specific ordinances dealing with the financing of 
terrorism, were folded into an existing law, the Unlawful Activities 
(Prevention) Act (UAPA).
    POTA contains a sunset feature, which gives the Central POTA Review 
Committee 1 year to review all existing POTA cases. This clause allows 
the Government to make new arrests if they are tied to an existing POTA 
case. The Government can issue a new indictment on a case opened 5 
years ago under POTA, against a person never previously associated with 
the case. It can also extend the 1-year limit for reviews. POTA was 
used to hold people in jail for extended periods prior to the filing of 
formal charges. Formal charges were necessary, but persons could be 
held without pretrial proceedings for up to 3 months without a formal 
charge, and an additional 3 months when approved by a judge. Approvals 
were regularly given in POTA cases. The law also provided that persons 
who did not disclose information to the authorities about terrorist 
activities as defined by POTA could be arrested and charged with an 
offense, and provided the Government extensive powers to ban terrorist 
organizations and seize their assets. POTA provided for special courts 
to try offenses, placed the burden of proof at the bail stage on the 
accused, allowed confessions made to a police officer to be admissible 
as evidence, extended the period of remand from 15 to 60 days, and set 
mandatory sentences for terrorism-related offenses. Human rights groups 
said POTA gave the Government boundless authority, without holding it 
accountable for its actions. Human rights activists reported that the 
revised UAPA contains important improvements over the POTA. For 
example, it does not allow coerced confessions to be admitted as 
evidence in court.
    NGOs and human rights activists alleged that police often committed 
human rights violations with impunity, and that police corruption was 
pervasive. Many government officials acknowledged this as well. The 
NHRC reported that the majority of complaints it received were against 
police. Although the Malimath Committee on Judicial Reform issued a 
report in 2003 that proposed some police-recommended reform, measures 
had not been implemented at year's end. Some human rights activists 
maintained that the Committee's main goal was to increase arrests and 
prosecutions instead of protecting the rights of the accused. Punjab 
Director General of the Police A.A. Siddiqui reported that police had 
received 17,000 complaints during the year, including 6,261 from the 
Punjab State Human Rights Commission, 376 from the NHRC, and 46 from 
the NHRC for Scheduled Castes and Scheduled Tribes. The media reported 
that 59 police officers were found guilty of violating human rights in 
Punjab during the year.
    The Constitution provides detainees the right to be informed of the 
grounds for their arrest, representation by legal counsel, and, unless 
held under a preventive detention law, to be arraigned within 24 hours 
of arrest, at which time the accused must either be remanded for 
further investigation or released. However, thousands of criminal 
suspects remained in detention without charge, adding to already over-
crowded prisons.
    The Constitution provides arrested persons the right to be released 
on bail and the law provides for prompt access to a lawyer; however, in 
cases of arrest under special security legislation, neither bail nor 
prompt access to a lawyer were always granted in practice. Court 
approval of a bail application is mandatory if police do not file 
charges within 60 to 90 days of arrest. In most cases, bail was set 
between $11 (Rs. 500) and $4,500 (Rs. 200,000).
    Although the Government allowed the Terrorism and Disruptive 
Activities Act (TADA) to lapse in 1995, the South Asia Human Rights 
Documentation Center reported that more than 1,000 persons remained in 
detention awaiting prosecution under the law, and that cases opened 
under TADA continued through the judicial system. This remained a 
problem in Jammu and Kashmir.
    TADA courts curtailed many legal protections provided by other 
courts. For example, defense counsel was not permitted to see 
prosecution witnesses, who were kept behind screens while testifying in 
court, and confessions extracted under duress were admissible as 
evidence (see Section 1.c.).
    In February, Government agents detained former MP Simranjit Singh 
Mann under TADA for making ``an inflammatory speech'' in 1991 appealing 
for a separate state of Khalistan. Mann was released but re-arrested on 
March 23 after a rally in which he voiced opposition to the then-Deputy 
Prime Minister L.K. Advani. Mann was released 2 days later.
    In September, human rights activists demanded that the Bihar 
Government withdraw all cases filed against landless laborers and 
workers under TADA. The activists also asked for the release of 14 
people sentenced to life imprisonment and 14 others sentenced to death 
under TADA. The Bihar Government had not responded to the allegations 
by year's end.
    Police routinely resorted to arbitrary and incommunicado detention, 
denied detainees access to lawyers and medical attention, and used 
torture or ill treatment to extract confessions (see Section 5).
    In March 2003, NGOs charged that scores of Muslims were illegally 
detained in Gayakwad Haveli Police Station in Ahmedabad by Crime Branch 
police, reinforcing concerns about discrimination against Muslims in 
the state of Gujarat. Many of those arrested were charged under the 
POTA, although the specific infractions were not released. Most of 
those arrested remained in jail at year's end.
    Throughout the year, authorities in Jammu and Kashmir repeatedly 
detained Kashmiri separatist leaders such as Shabir Shah, Chairman of 
the Jammu and Kashmir Democratic Freedom Party, Yasin Malik, Chairman 
of the Jammu and Kashmir Liberation Front (JKLF), and Syed Ali Shah 
Geelani, Chairman of the hardline faction of the APHC, for short 
periods of time, ranging from several hours to 1 day, usually to 
prevent their participation in demonstrations, funerals, or other 
public events. Police released them soon thereafter.
    On August 8, the Supreme Court rejected a plea by Maulvi Hussein 
Umarji to be released from custody. Umarji, accused of participating in 
the February 2002 attack on a passenger train in Godhra, argued that 
under POTA he could only be held for 30 days, but the Court ruled that 
he could be held for up to 180 days without formal charges.
    Although there were many instances of arbitrary arrest and 
detention, there were cases during the year in which a higher court 
freed people who had been arrested arbitrarily. For example, on May 8, 
a POTA court freed Ghulam Moinuddin Bhat, a Kashmiri separatist 
associated with the Jamaat-I-Islami, who had been arrested in 2003 in 
New Delhi for allegedly promoting militant activities. On August 10, 
the Government of Tamil Nadu withdrew an allegedly politically 
motivated POTA case against Marumalarchi Dravida Munnetra Kazhagam 
(MDMK) General Secretary Vaiko and eight other related cases. Vaiko and 
the others had been arrested by Tamil Nadu authorities for making 
positive statements about the Sri Lankan Tamil terrorist group, 
Liberation Tigers of Tamil Eelam (LTTE), at a public rally in 2002. 
However, the POTA court refused to accept the Government's withdrawal 
of charges, and those arrested remained in detention at year's end.
    In July 2003, the Home Ministry disclosed that of 702 persons 
arrested under POTA since its enactment, 217 were arrested in the last 
2 years and 116 had gone to trial. Human rights groups alleged that the 
state governments invoked POTA selectively and on dubious grounds 
against political opponents and persons belonging to the minority 
communities.
    On August 18, the Home Minister informed Parliament that the POTA 
Review Committee had received 262 complaints regarding the Act during 
the year. Of these, the Committee ruled in favor of the accused in 18 
cases, rejected 33 complaints, and disposed of 10 for unspecified 
reasons. The remaining 201 were still pending at year's end.
    The National Security Act (NSA) permits police to detain persons 
considered security risks anywhere in the country (except for Jammu and 
Kashmir), without charge or trial for as long as 1 year on loosely 
defined security reasons. NSA does not define ``security risk.'' State 
governments 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 
detainees must be informed of the grounds for their detention within 5 
days (10 to 15 days in exceptional circumstances). According to press 
accounts, 32 persons had been detained under the NSA during the year.
    Human rights groups alleged that the NSA allowed authorities to 
order preventive detention at their own behest after only a cursory 
review by an advisory board, and that no court could overturn such a 
decision.
    The Public Safety Act (PSA), which applies only in Jammu and 
Kashmir, permits state authorities to detain persons without charge and 
judicial review for up to 2 years. In addition, detainees do not have 
access to family members or legal counsel. The Government estimated 
that approximately 514 persons remained in custody under PSA or related 
charges at year's end. In June, 92 PSA prisoners were released.
    The Armed Forces Special Powers Act (AFSPA) of 1958 remained in 
effect in Nagaland, Manipur, Assam, and parts of Tripura, and a version 
of this law was in effect in Jammu and Kashmir. Under AFSPA, the 
Government can declare any State or Union Territory a ``disturbed 
area.'' This allows the security forces to fire on any person for the 
``maintenance of law and order'' and to arrest any person ``against 
whom reasonable suspicion exists'' without informing the detainee of 
the grounds for arrest. Security forces are also granted immunity from 
prosecution for acts committed under AFSPA.
    In Manipur, human rights activists alleged that Manorama Devi, a 
suspected member of the PLA who had been detained under the AFSPA, had 
been raped, tortured and murdered while in custody (see Section 1.a. 
and 1.c.). Devi's death touched off a series of protests by an umbrella 
organization of 32 groups calling for the AFSPA's repeal and the arrest 
and prosecution of Manorama's killers. A number of domestic and 
international human rights groups supported these demands. The 
Government withdrew the Act from the Imphal municipal area, but not 
from the rest of Manipur and Nagaland.
    The law provides a person in detention the right to a prompt trial; 
however, due to a severe backlog, this was not the case in practice 
(see Section 1.e.).
    There were no reports of political detainees during the year.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, serious problems remained. The 
judiciary was backlogged and understaffed in most parts of the country, 
and in Jammu and Kashmir members of the judiciary have long been 
subject to threats and intimidation by guerillas and security forces. 
The judicial system is headed by a Supreme Court, which has 
jurisdiction over constitutional issues, and includes the Court of 
Appeals and lower courts. Lower courts hear criminal and civil cases 
and send appeals to the Court of Appeals. The President appoints 
judges, who may serve until the age of 62 on state high courts and 65 
on the Supreme Court.
    The court system remained severely overloaded, resulting in the 
detention of thousands of persons awaiting trial for periods longer 
than they would receive if they had been convicted. Prisoners were held 
for months or even years before obtaining a trial date. In July, the 
Ministry of Law and Justice reported that there were 29,622 cases 
pending before the Supreme Court, and 3,269,224 before the state High 
Courts. The NHRC reported that 75 percent of the country's total 
inmates were prisoners waiting for trial.
    The Criminal Procedure Code provides that trials be conducted 
publicly, except 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 publicly. Defendants have the right to choose counsel 
independent of the Government. There are effective channels for appeal 
at most levels of the judicial system, and the State provides free 
legal counsel to indigent defendants. Defendants were allowed access to 
relevant government-held evidence in most civil and criminal cases; 
however, the Government had the right to withhold information and did 
so in cases it considered sensitive. In October 2003, the Delhi High 
Court issued new witness protection guidelines to reduce the number of 
witnesses who recanted their testimony under threat from defendants.
    The Government does not interfere in the personal status laws of 
minority communities, including those laws that discriminate against 
women. There are separate laws for Muslims and Hindus on a number of 
issues. Muslim personal status law governs family law, inheritance, and 
divorce (see Section 5.a.).
    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 often heavy-
handed anti-militant actions; and because of the frequent refusal by 
security forces to obey court orders.
    On May 2, retired Supreme Court Justice R.P. Sethi said that there 
was a backlog of 75,000 criminal cases in Jammu and Kashmir. He also 
estimated that 45 percent of criminal cases were never reported.
    Courts in Jammu and Kashmir often were reluctant to hear cases 
involving militant crimes and failed to act expeditiously on habeas 
corpus cases, if they acted at all. There were a few convictions of 
alleged militants in the Jammu High Court during the year. In March, 
Jammu and Kashmir Chief Minister Mufti Mohammad Sayeed announced there 
were 533 persons of unidentified ethnicity, 361 Kashmiris and 172 
foreigners, behind bars. During the year, the Government released 85 
detainees.
    There was increasing concern about the failure of the Gujarat 
government to arrest and convict those responsible for the widespread 
communal violence in 2002 following the burning in Godhra of the S-6 
coach of the Sabarmati Express train, when 59 men, women and children 
died. In the days following the train burning, Hindu mobs killed 
hundreds of Muslims, displaced tens of thousands, and destroyed 
property.
    In many cases, attempts to hold perpetrators of the Gujarat 
violence accountable were hampered by the allegedly defective manner in 
which police recorded complaints. Victims complained that police failed 
to register their complaints, or recorded the details in such a way as 
to lead to lesser charges, omitted the names of prominent people 
involved in attacks, and did not arrest suspects, particularly if they 
were supporters of the BJP. According to an affidavit submitted in 
January by the Government of Gujarat to the Supreme Court, out of 4,252 
complaints filed, 2,032 were closed even though the abuses were 
substantiated. On August 17, the Supreme Court instructed the Gujarat 
High Court to appoint a committee of high-level police officials to re-
examine the 2,032 closed cases to see whether they could be reopened. 
The media reported that officials who attempted to conduct a serious 
investigation into the incidents were promptly removed from the case. 
At year's end, the report on the number of cases that should be re-
opened had not been submitted to the Supreme Court. The Government of 
Gujarat claimed that police had re-opened investigations against 5,384 
people in the city of Ahmedabad and 24,683 people in the state as a 
whole. Only 3 cases related to the Gujarat rioting completed trial in 
the lower level courts by the end of the year.
    In April, the Supreme Court ordered that one of the most notorious 
of the cases connected with the rioting following the Godhra incident, 
the Best Bakery Case, should be retried in a special court in Mumbai, 
Maharashtra. The court issued arrest warrants for 10 of the 21 accused. 
On November 4, the star prosecution witness refused to testify in the 
Mumbai court in one of a series of recantations.
    At year's end, a Committee chaired by former High Court Justice 
U.C. Bannerjee and established by the Congress Government, was 
investigating the cause of the train fire at Godhra, which triggered 
the deadly riots.
    During the year, Human Rights Watch (HRW) documented how Hindu 
extremists threatened and intimidated victims, witnesses, and human 
rights activists attempting to prosecute those who committed crimes 
during the 2002 Gujarat riots. It reported that instead of pursuing the 
perpetrators of violence, the Gujarat government nurtured a climate of 
fear. The report alleged that the Gujarat government launched selective 
tax probes against some Islamic organizations to pressure Muslim 
witnesses to withdraw murder and arson charges against Hindu 
nationalists. The Gujarat government denied the charge.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice; however, 
at times the authorities infringed upon them. Police must obtain 
warrants to conduct searches and seizures, except in cases where such 
actions would cause undue delay. Police must justify such warrantless 
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.
    In recent years, the Government Enforcement Directorate (ED), which 
is mandated to investigate foreign exchange and currency violations, 
searched, interrogated, and arrested thousands of business and 
management professionals, often without search warrants.
    The Information Technology Act grants the police powers under 
certain circumstances to search premises and arrest individuals without 
a warrant. The Act specifies a 1-year sentence for persons who fail to 
provide information to the Government on request, and a 5-year sentence 
for transmitting ``lascivious'' material (see Section 2.a.). The Act 
also requires Internet cafes to monitor Internet use and inform the 
authorities of offenses (see Section 2.a.). At year's end, the 
Government had not circulated rules for implementation of this law.
    The Indian Telegraph Act of 1885 authorizes the surveillance of 
communications, including monitoring telephone conversations and 
intercepting personal mail, in cases of public emergency, or ``in the 
interest of the public safety or tranquility.'' The central Government 
and every state government used these powers during the year.
    Although the Telegraph Act gives police the power to tap phones to 
aid an investigation, they were not allowed to use such evidence in 
court; however, under POTA and the UAPA, such evidence was admissible 
in terrorist cases, and some human rights activists noted that the new 
UAPA Ordinance confers additional powers on police to use intercepted 
communications as evidence in terrorism cases. While there were 
elaborate legal safeguards to prevent police from encroaching on 
personal privacy, there were no such protections in terrorist cases.
    In January, in the Netarhat region of Jharkhand, local tribal 
organizations protested what they described as illegal activities by 
the Army.
    Tribal groups claimed that the army did not provide prior 
notification that all villagers should vacate their homes in advance of 
artillery practice as required under the Maneuvers Field Firing and 
Artillery Practices Act. The Defense Ministry ordered the army to cease 
its activities only after the local inhabitants involved the governor 
(see Section 5).
    In October, the press reported that eight states (Andhra Pradesh, 
Rajasthan, Orissa, Haryana, Chhattisgarh, Madya Pradesh, Himachal 
Pradesh, and Maharashtra) have enacted two-child laws, which provide 
incentives in government jobs and subsidies to those who have no more 
than two children. For example, during the year, village council 
members in Chhattisgarh who violated this prohibition were reportedly 
dismissed from their positions. National health officials in New Delhi 
noted that the Government was unable to regulate state decisions on 
population issues.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--Security force personnel enjoyed 
extraordinary powers under the Jammu and Kashmir Disturbed Areas Act 
and the Armed Forces (Jammu and Kashmir) Special Powers Act, which 
includes the authority to shoot suspected lawbreakers on sight and 
destroy structures suspected of harboring militants or arms.
    There were continuing reports of civilians killed in crossfire in 
Jammu and Kashmir during the year. In May, according to press reports, 
a man was killed in crossfire between militants and security forces in 
the Pulwama district of south Kashmir. Troops withdrew from the area 
immediately following the incident, after local villagers began 
protesting the killing.
    Members of the security forces continued to abduct and kill 
suspected militants, and security forces were not adequately held 
accountable for their actions. Reliable data on such cases were 
difficult to obtain.
    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 while searching 
for landmines. Such abuses occurred mostly in the Kupwara and Doda 
districts.
    During the year, tension along the Line of Control (LOC) was much 
lower following the November 2003 ceasefire agreement. The Home 
Ministry reported no cases of artillery shelling or mortar and small 
arms fire across the LOC or on the Siachen Glacier during the year.
    Insurgents committed political killings, kidnappings, and rapes of 
politicians and civilians (see Sections 1.a., 1.b., and 1.c.), engaged 
in extortion, and carried out acts of random terror that killed 
hundreds of Kashmiris.
    In Manipur, an active insurgency involving up to 19 militant groups 
resulted in the deaths of 23 civilians, 26 security forces, and 93 
militants, according to the South Asia Terrorism Portal (SATP.org). For 
example, in April, militants from the outlawed Kanglei Yawol Kanna Lup 
(KYKL) in Imphal killed two persons, including former state police 
chief L. Jogeshwar, triggering local panic ahead of the national 
parliamentary elections.
    According to SATP.org, separatists in Nagaland killed 35 civilians 
during the year. Human rights groups observed that despite the ongoing 
talks between separatist groups and state government officials, and an 
April 28 government ceasefire, violence continued, including numerous 
clashes between rival Naga separatist groups. For example, on March 18, 
men from Nationalist Socialist Council of Nagalaland-Isak-Muivah (NSCN-
IM) abducted two Nationalist Socialist Council of Nagaland-Khaplang 
group (NSCN-K) guerrillas allegedly to extort money, and on June 30 a 
suspected NSCN-K member killed a member of the rival NSCN-IM faction.
    Killings of security force members by militants in Jammu and 
Kashmir declined to 330 for the year, according to the Home Ministry.
    Militants also targeted government officials. In January, 
unidentified persons threw 2 grenades at a mosque in the Pir Mitha area 
of Jammu, killing 2 government officials and injuring 19. In February, 
an unidentified militant killed Deputy Inspector General of Police 
Mohammed Amin Bhat at a mosque in Srinagar. On February 27, one person 
was killed and eight others were injured in a failed attempt on the 
life of Jammu and Kashmir Chief Minister Mufti Mohammad Sayeed at a 
public meeting in Beerwah in South Kashmir. On March 30, governing 
People's Democratic Party (PDP) President Mehbooba Sayeed escaped after 
militants opened fire on her motorcade on the Pahalgam-Anantnag road.
    In September, the Army found a woman in Doda district of Jammu and 
Kashmir who had been raped and tortured by militants for 25 days. The 
militants reportedly targeted her because her brother, a former 
militant, had surrendered to authorities. The militants cut off her 
ears and nose and left her for dead in a forest. The army adopted the 
woman as a humanitarian case and paid for reconstructive surgery (see 
Section 1.c.).
    During the year, militant activities in the East and Northeast also 
claimed many lives through the use of ambushes and time bombs on roads, 
on railway tracks, and in trains. For example, on April 8, a landmine 
set by Naxalites in Jharkhand killed 5 policemen and seriously injured 
over 10 other persons. In Tripura in August, the National Liberation 
Front of Tripura killed six shopkeepers abducted for ransom on June 14. 
Another 18 reportedly were released after their families paid the 
ransom.
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. Under the Official Secrets Act, the Government may 
restrict publication of sensitive stories or suppress criticism of its 
policies, but no cases were reported during the year.
    The Press Council is a statutory body of journalists, publishers, 
academics, and politicians, whose chairman is 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 carried no 
legal weight.
    A vigorous press reflected a wide variety of political, social, and 
economic beliefs. Independent newspapers and magazines regularly 
published and television channels broadcast investigative reports and 
allegations of government wrongdoing, and the press generally promoted 
human rights and criticized perceived government lapses. Most print 
media were privately owned. In the electronic media, 80 percent of the 
television channels were privately owned. Government-controlled radio 
remained the main source of news for much of the population.
    Foreign media was, for the most part, allowed to operate freely, 
and private satellite television was distributed widely by cable or 
satellite dish, providing serious competition for Doordarshan, the 
government-owned television network. Doordarshan frequently was accused 
of manipulating the news in the Government's favor; however, some 
privately-owned satellite channels also promoted the platforms of 
political parties their owners supported.
    The Government often held foreign satellite broadcasters, rather 
than domestic cable operators, liable under civil law for what it 
deemed was objectionable content on satellite channels--notably, 
tobacco and alcohol advertisements.
    AM radio broadcasting remained a government monopoly. Private FM 
radio station ownership was legalized in 2000, but licenses only 
authorized entertainment and educational content. Authorities did not 
permit privately owned radio stations to broadcast news.
    In June, the Government claimed that the publication of a domestic 
edition of the International Herald Tribune (IHT) by the Deccan 
Chronicle Press violated a 1955 Cabinet Resolution that disallowed a 
local edition of any foreign newspaper and banned the registration of 
foreign newspaper titles. The IHT, however, continued to be published 
daily in Hyderabad, Andhra Pradesh.
    The authorities generally allowed foreign journalists to travel 
freely in Jammu and Kashmir, where they regularly spoke with separatist 
leaders and filed reports on a range of issues, including government 
abuses. In October, the Government permitted the first delegation of 
Pakistani journalists to visit Jammu and Kashmir in more than 50 years. 
The correspondents, on a trip sponsored by the South Asia Free Media 
Association, had access to the entire spectrum of government and 
separatist opinion.
    The Newspapers Incitements to Offenses Act remained in effect in 
Jammu and Kashmir. Under the Act, a district magistrate may prohibit 
the publication of material likely to incite murder or any act of 
violence; however, newspapers in Srinagar reported in detail on alleged 
human rights abuses by the Government and regularly published press 
releases of separatist Kashmiri groups.
    In September, the Government renewed its permission for the Arabic-
language satellite news channel, Al Jazeera, to transmit. The 
Government had halted Al Jazeera broadcasts in 2002 to express 
displeasure with its reporting on the February-March 2002 riots in 
Gujarat and the insurgency in Jammu and Kashmir.
    Also in September, authorities arrested a photojournalist with an 
Urdu newspaper in Srinagar for allegedly passing sensitive defense-
related material to Pakistan. There was no action in this case at 
year's end.
    Ethnic or religious groups carried out most attacks on members of 
the media. In June, radical elements of the BJP attacked the Mumbai 
office of the newspaper Aapla Mahanagar, assaulted the editorial staff 
and damaged office equipment in response to an article written against 
a Hindu religious sect. In August, in Mumbai, alleged Muslim 
fundamentalist activists attacked the editor of a Hindi language 
newspaper, Sajid Rashid, with knives and seriously injured him. They 
charged that he had insulted Islam by criticizing the custom of Triple 
Talaq, which allows a man to divorce his wife by stating, ``I divorce 
you'' three times. Mumbai police filed charges in the case, but the 
assailants were at large, and the investigation remained open at year's 
end.
    In August, Hindu nationalist activists from the Shiv Sena injured 
the editor of the Mumbai-based Marathi daily Mahanagar in retaliation 
for remarks allegedly made against Shiv Sena leader Narayan Rane in a 
private conversation.
    Political tensions were also a cause of attacks on media outlets. 
For example, in August, party activists from the Pattali Makkal Katchi 
(PMK), a South Indian regional party, attacked and damaged the offices 
of Dinamalar, a Tamil language daily.
    Violence against the press and intimidation by militant groups in 
Jammu and Kashmir caused significant self-censorship there by 
journalists, who were reluctant to report on events, according to 
journalists based in the state. In March, security forces killed two 
militants who attacked a building housing the Press Information Bureau 
and the State Information Department in Srinagar who had tried to 
detonate explosives. In April, a Pakistan-based Islamist militant 
group, Tehrik-ul-Mujahedeen, threatened journalists who wrote articles 
criticizing anti-India militants.
    During the year, the threat of losing government revenue 
contributed to self-censorship by smaller media outlets that heavily 
relied on state government advertising.
    Authorities occasionally beat, detained, and harassed journalists. 
In April, the Journalists Union of Assam and the Journalist Action 
Committee alleged that police ordered a journalist and several other 
people to kneel down in the road during a routine traffic stop. No 
action was taken against police.
    In 2003, the State Assembly of Tamil Nadu ordered the arrest of a 
number of journalists associated with The Hindu, an English language 
daily, for allegedly engaging in a ``breach of privilege'' of the 
House. The journalists contested the arrest, and in July 2003, the 
courts ordered a stay on their arrest, until a higher court was able to 
decide the issue. The petition filed by The Hindu in the Supreme Court 
regarding limits on freedom of expression by the press was pending at 
year's end; however, the arrest warrants against the journalists were 
dropped.
    The Government maintained a list of banned books that may not be 
imported or sold in the country. In some cases, such as Salman 
Rushdie's ``Satanic Verses,'' censors claimed the book aggravated 
communal tensions. In March, the Maharashtra state government filed 
criminal charges against a foreign professor for making slanderous 
remarks against the 17th century Indian warrior Shivaji and his mother 
in a book. The Maharashtra state government banned the professor's book 
in 2003.
    A government censorship board reviewed films before licensing them 
for distribution. The board censored material it deemed offensive to 
public morals or communal sentiment.
    In June, the country's Censor Board granted a censor certificate, 
allowing public viewing to the film ``Aakrosh'' (Lament) after the 
Mumbai High Court ruled in favor of the film's producer. In 2003, the 
Board had denied a certificate to the film, which covered the 2002 
Gujarat riots, effectively preventing public showings.
    The Informational Technology Act provides for censoring information 
on the Internet on public morality grounds, and it considers 
``unauthorized access to certain types of electronic information'' a 
crime. According to Reporters Without Borders, this law theoretically 
allowed police officers to search the homes or offices of Internet 
users at any time without a warrant, but that claim has not been tested 
in court. The Government retained the right to limit access to the 
Internet, specifically information deemed detrimental to national 
security.
    In January 2003, the Ministry of Human Resources Development (HRD) 
passed strict academic guidelines to regulate academic partnerships 
between local and western universities and academics, in line with 
Hindutva philosophy. The guidelines, issued to all central 
universities, required HRD permission to organize ``all forms of 
foreign collaborations and other international academic exchange 
activities,'' including seminars, conferences, workshops, guest 
lectures, and research. These guidelines remained in force during the 
year.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, 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 the local 
government routinely denied permits to separatist parties for public 
gatherings and detained separatists engaged in peaceful protest. During 
periods of civil tension, the authorities may ban public assemblies or 
impose a curfew under the Criminal Procedure Code.
    In February in Baramulla, Jammu and Kashmir, one person was killed 
and two wounded when police opened fire to disperse demonstrators 
protesting against human rights abuses allegedly perpetrated by 
security forces.
    On August 1, police fired tear gas at a procession of citizens 
protesting human rights abuses committed by security forces under the 
AFSPA in Imphal, Manipur, wounding 15 protestors. The The Manipur 
government had banned the demonstration.. On August 4, police fired 
into another procession in Imphal, wounding 18. These protests 
exacerbated longstanding tensions between the civilian population and 
the security forces in Manipur.
    On August 4, police in Bihar fired into a crowd that had gathered 
outside a government office expecting flood relief, killing a 14-year-
old boy. Police officials claimed that the police fired in self-defense 
after the mob went on a rampage and began throwing stones. No action 
was taken against the police.
    NGOs must secure approval from the Ministry of Home Affairs before 
organizing international conferences. Human rights groups contended 
that this provided the Government with substantial political control 
over the work of NGOs and their freedom of assembly and association. 
NGOs alleged that some 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 shortcomings in the law enforcement and justice 
systems. There is no state religion; however, the majority of citizens 
are followers of Hinduism, and this at times adversely affected the 
religious freedom of others. Some extremists interpreted ineffective 
investigation and prosecution of attacks on religious minorities as 
evidence that such violence may be committed with impunity.
    During the year, the status of religious freedom improved; however, 
problems remained in some areas. While the Government took some steps 
to decrease attacks and bring about justice, attacks against religious 
minorities persisted. However, no new anti-conversion laws were enacted 
during the year, and Tamil Nadu repealed its anti-conversion law. 
Hindutva, the politicized inculcation of Hindu religious and cultural 
norms to the exclusion of others, remained a subject of national debate 
and influenced some governmental policies and societal attitudes.
    The BJP, which led the central Government until May, is a Hindu 
nationalist party with links to Hindu extremist groups implicated in 
violent acts against Christians, Muslims, and tribal persons. Human 
rights groups and others suggested that these links influenced the BJP 
Government's inadequate response to acts of violence against religious 
minorities.
    Legally mandated benefits were assigned to certain groups, 
including some groups defined by their religion. For example, minority 
institutions were able to reserve seats for minorities in educational 
institutions. Minority run institutions also were entitled to funding, 
although with restrictions; however, benefits accorded Dalits (formerly 
known as ``untouchables'') were revoked if Dalits converted to 
Christianity, but not to Buddhism.
    The Religious Institutions (Prevention of Misuse) Act of 1988 makes 
it a criminal offense to use any religious site for political purposes 
or to use temples to harbor 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. The Act's 
supporters claimed that its aim was to curb the use of Muslim 
institutions by Islamic extremist groups, but the measure became a 
controversial political issue among religious Muslims.
    In May, the Government of Tamil Nadu repealed a 2003 Ordinance 
banning religious conversions carried out by ``force, allurement or 
fraudulent means.''
    In February 2003, Gujarat passed a ``Freedom of Religion'' Bill 
that provides penalties for conversion using allurement or force, 
including up to 3 years in prison and a fine of $1,000 (Rs 50,000). 
Under the Act, officials must assess conversions, and the District 
Magistrate must give prior permission. 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. Anti-conversion laws also have been 
in effect in Madhya Pradesh and Orissa since the 1960s, and laws 
against forcible conversions exist in Andhra Pradesh and Arunachal 
Pradesh.
    In July 2003, in the first conviction under the anti-conversion law 
in Chhattisgarh (which was formerly part of Madhya Pradesh), Sister 
Brishi Ekka was sentenced to 6 months in jail for not reporting the 
1996 conversion of 95 families to Christianity. Sister Ekka appealed 
the decision in the Chhattisgarh High Court, and later was released on 
bail. At year's end, the court had not heard the case, and Sister Ekka 
remained free on bail.
    There is no national law barring a citizen or foreigner from 
professing or propagating his or her religious beliefs; however, 
India's Foreigners Act of 1946 strictly prohibits visitors in the 
country on tourist visas from engaging in religious preaching without 
first obtaining permission from the Ministry of Home Affairs. During 
the year, state officials continued to refuse permits to foreign 
Christian missionaries 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) of 1976, which restricts funding from abroad. 
The Government can ban a religious organization if it violates 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 non-criminal matters involving Muslims, including 
family law, inheritance, and divorce. The personal status laws of the 
religious communities sometimes discriminated against women (see 
Section 5). Some laws, such as the repealed POTA, while not 
specifically written for a minority group, affected particular ethnic 
or religious groups. A study carried out by the NGO People's Tribunal 
in 10 states in July found that 99.9 percent of those arrested under 
POTA were Muslims.
    Tensions between Muslims and Hindus, and between Hindus and 
Christians, continued during the year. Attacks on religious minorities 
decreased overall but occurred in several states, which brought into 
question the Government's ability to prevent sectarian and religious 
violence or prosecute those responsible for it. For example, in July, 
in Veravel, Gujarat, an alleged sexual assault of a Hindu schoolgirl by 
some Muslim youth led to violence between the 2 communities, causing 2 
deaths, 20 injuries, and the destruction of 40 houses and 15 shops. In 
August, a group of 300 alleged members of the Hindu nationalist Vishwa 
Hindu Parishad (VHP) ransacked a church in Orissa, demolishing statues 
and burning religious books and furniture. The Government reportedly 
took no official action against those responsible.
    Christian organizations also claimed that BJP officials in some 
states and localities have not restrained the illegal activities of 
radical Hindu groups. Although Christian leaders noted a decrease in 
violent attacks against their community, the incidents have continued. 
For example, in a September incident in Kerala, Christian groups 
demanded an investigation, and the Government ordered a probe, after 
Hindu militants attacked volunteers of the Missionaries of Charity. 
Also in September, the Global Council of Indian Christians urged the 
NHRC to take action against groups inciting violence against Christians 
in Karnataka.
    Hindu organizations frequently alleged that Christian missionaries 
force Hindus, particularly those of lower castes, to convert to 
Christianity. In Christian majority areas, there were occasional 
reports that Christians persecuted members of regional minorities. In 
Tripura, there were several reported cases of harassment of non-
Christians by members of the National Liberation Front of Tripura 
(NLFT), a militant evangelical tribal group.
    There was increasing concern about the failure of the Gujarat 
government to arrest and convict those responsible for the widespread 
communal violence that occurred in 2002 following the burning of the 
Sabarmati Express train in Godhra (see Section 1.e.).
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement, and the Government generally respected this in practice; 
however, in certain border areas special permits were required.
    Security forces often searched and questioned occupants at vehicle 
checkpoints in the Kashmir Valley. Unlike in previous years when mass 
searches were common, they increasingly took place only in troubled 
areas or after major terrorist attacks. The Government also expanded 
construction of a 330-mile long security fence along the LOC in Jammu 
and Kashmir, causing occasional difficulties for local residents, as 
the security fence cut through some villages and agricultural lands. By 
the end of the year, construction of the fence was approaching its 
final stages. The Government's stated purpose for the security fence 
was to stop arms smuggling and infiltration by Pakistani-based 
militants. The Government attributed a decline in successful insurgent 
crossings during the year in part to the fence.
    Under the Passports Act of 1967, the Government may deny a passport 
to any applicant who ``may or is likely to engage outside India in 
activities prejudicial to the sovereignty and integrity of India.'' The 
Government used this provision to prohibit the foreign travel of some 
government critics, especially those advocating Sikh independence and 
members of the separatist movement in Jammu and Kashmir. In July, the 
Government returned the impounded passport of Mirwaiz Umar Farooq, the 
acting Chairman of the APHC; he traveled abroad in September and 
October. Only a small number of Kashmiri separatists possessed 
passports.
    There was no law banning forced exile; however, there were no 
reports of forced exile during the year.
    According to the Norwegian Refugee Council, a total of at least 
650,000 persons have been displaced due to conflicts in Jammu and 
Kashmir, Gujarat, and the Northeast (see Sections 1.a., 1.c., and 
1.g.). For example, there was no progress on the plight of 
approximately 300,000 Kashmiri Pandits (Hindu Brahmins) who had fled 
from the Kashmir Valley in the early 1990s after the outbreak of 
separatist violence and were lodged primarily in refugee camps in Jammu 
and New Delhi. They were unable to return to their homes in Jammu and 
Kashmir because of serious concerns about their safety.
    During the year, there were reports that Bodo-Santhal ethnic 
clashes continued in Assam. More than 87,000 persons lived under poor 
conditions in relief camps in Assam as a result of ongoing violence in 
the Northeast. During the year, the Government provided assistance to 
internally displaced persons (IDPs) and allowed them access to NGO and 
human rights organizations. There were no reports that the Government 
attacked or forcibly resettled IDPs. There were no reports of 
government programs specifically designed to facilitate resettlement.
    The law does not provide for the granting of asylum or refugee 
status in accordance with the 1951 Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has not established a 
system for providing protection to refugees or asylum seekers. The 
Government provided temporary protection to certain individuals who may 
not qualify as refugees, under the 1951 convention and the 1967 
Protocol.
    In 2003, the Nepal Communist Party leader C.P. Gajurel was arrested 
after presenting a false passport during transit through the country. 
In March, through his lawyers, he asked for third country asylum. At 
the end of the year, he remained in judicial custody in Hyderabad.
    The central Government generally denied NGOs and the office of the 
U.N. High Commissioner for Refugees (UNHCR) direct access to refugee 
camps, particularly in Mizoram, but in Tamil Nadu UNHCR was given 
access and maintained a local office. The UNHCR office had no formal 
status, but the Government permitted its staff access to refugees 
living in urban centers. The Government does not formally recognize 
UNHCR grants of refugee status (although it has provided ``residential 
permits'' to many Afghans and Burmese). The Government considers 
Tibetans and Sri Lankans in refugee camps to be refugees, but regards 
most other groups as economic migrants. However, in recent years, a 
number of court rulings have advanced the protection of refugees whom 
the Government had considered to be economic migrants. During the year, 
the U.N. High Commissioner for Refugees did not visit the country.
    The Government provided assistance to refugee camps and 
resettlement areas, most notably to Tibetan and Sri Lankan Tamil 
refugees; however, this was applied inconsistently as it was not 
applied to Bangladeshi refugees because the Government considers them 
to be economic migrants. Refugees were permitted to work, and the state 
and central governments paid to educate refugee children and provided 
limited welfare benefits.
    NGOs reported refugee complaints about deteriorated housing, poor 
sanitation, delayed assistance payments, and inadequate medical care in 
the Tamil refugee camps. The UNHCR met with Tamil refugees outside 
their camps in connection with UN voluntary repatriation activities, 
and the Organization for Eelam Refugees Rehabilitation was allowed 
access to some of the camps during the year. Human rights groups 
alleged that the Government used some of these ``special camps'' to 
hold suspected members of the LTTE terrorist organization. Human rights 
groups also 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. By year's end, the Government was still 
reviewing the situation and 23 persons remained in one camp.
    There were also persons living in the country who the Government 
formally did not recognize as refugees. These included some 80,000 
Chakma permanent residents from Bangladesh who remained in Arunachal 
Pradesh and Mizoram, as well as Afghans, Iraqis, and Iranians who did 
not possess valid national passports. The Government has chosen not to 
deport them, but to issue them renewable residence permits, or ignore 
their status. 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.
    In January, the U.N. High Commissioner for Refugee Rehabilitation 
assisted 155 Sri Lankan refugees staying at the Mandapam refugee camp 
in Tamil Nadu to fly back to Sri Lanka. The U.N. and Sri Lankan 
Government also made arrangements for the return of refugees by ship. 
In close coordination with the Tamil Nadu and Sri Lankan Governments, 
UNHCR assisted the return of 1,092 Sri Lankan refugees in 2003.
    In February, police charged at a group of Tibetan Youth Congress 
peace marchers, including nuns, monks, and elderly persons with sticks 
in the town of Dharamsala, to prevent their travel to New Delhi to 
participate in Tibetan Uprising Day on March 10.
    In April, the All-Arunachal Pradesh Students' Union (AAPSU) 
protested the granting of voting rights to Bangladeshi refugees in 
parliamentary elections. More than 50,000 tribal Chakma and Hajong 
refugees had remained in the state since fleeing Bangladesh as 
stateless citizens beginning in 1964. In May, Chakmas voted for the 
first time in the Lok Sabha elections.
    Members of the Santhal tribal group were non-recognized refugees in 
Assam, and human rights groups estimated that 200,000 lived in relief 
camps. The Santhals were 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 address refugee needs.
    Ethnic Chins were among the non-recognized refugees in the 
northeastern states, particularly 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. During the year NGOs estimated that 
10,000 persons were expelled to Burma, where the deportees were 
reportedly 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 displaced by sectarian conflict, were being 
sheltered in 6 camps in North Tripura. Conditions in these 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 exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. The Government changed hands following free and 
fair national parliamentary elections in April and May. 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.
    According to the Jammu and Kashmir Chief Secretary, there were 109 
incidents of violence in the state during the campaigning and voting 
for the parliamentary elections in April-May; 31 civilians and 6 
members of the security forces were killed, and 261 persons were 
injured. In April, the terrorist group Jaish-e-Mohammed (JeM) 
distributed hand-written notes warning residents in parts of the 
Kashmir Valley not to participate in the elections. JeM also demanded 
that Kashmiris not work on public works projects and support locally 
organized strikes. On April 21, militants cut off the ears of a man in 
Udhampur for voting in the polls. In a similar incident in Pulwama, 
members of the terrorist group Lashkar-e-Tayyiba cut the finger off a 
villager because he had voted (voters' fingers were stained with ink 
after they cast their ballot).
    There were numerous instances of police or security forces 
interfering with election-related activity. In April in Srinagar, the 
Chairman of the Jammu and Kashmir Liberation Front (JKLF), Mohammad 
Yasin Malik, and the president of the Jammu and Kashmir Democratic 
Freedom Party, Shabir Ahmad Shah, were among six separatist leaders 
detained by police for campaigning against the parliamentary elections 
in Baramulla district in northern Kashmir. Police detained these and 
other activists from other groups on a regular basis prior to the polls 
and by-elections in October to prevent them from campaigning against 
the polling on the grounds that their activities would disturb the 
peace. As a rule, the period of detention was short, and detainees were 
quickly released.
    There was a widespread public perception that corruption was 
endemic in the executive and legislative branches of government. 
Transparency International stated that corruption was ``all-pervasive 
in India,'' that election campaigns for Parliament and State 
Legislature seats were often funded with unreported money, and that the 
Government had failed to combat the problem.
    The Freedom of Information law allows citizens to request and 
receive documents from the Government that were considered to be in the 
public domain; however, the rules governing access to the information 
remained unclear.
    There were 69 women in the 783-seat national legislature, and 7 
women in the Cabinet of Ministers. Numerous women were represented in 
all major parties in the national and state legislatures. 
Constitutional amendments passed in 1992 reserved 30 percent of seats 
for women in elected village councils (Panchayats).
    The Constitution reserved 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.
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 abuses 
and publishing their findings on human rights cases; however, in some 
states and in a few circumstances, groups faced restrictions. Some 
domestic NGOs and human rights organizations faced intimidation and 
harassment by local authorities. In April, the Asian Center for Human 
Rights released a statement regarding alleged harassment by local 
authorities, including denial of government services and numerous 
visits from the security forces. Other human rights activists and NGOs 
also complained of surprise visits and other harassment by police and 
other government officials.
    In October, Tamil Nadu police arrested Henri Tiphagne, the 
Executive Director of the NGO People's Watch and a member of the NHRC 
Advisory Committee. Tiphagne alleged that he was arrested in order to 
stop him from speaking at a meeting of the Campaign Against Torture. 
Police cited Tiphagne and his group's attempt to cross a police line 
illegally as the cause of his arrest.
    Human rights monitors in Jammu and Kashmir were unable to move 
around the state freely to document human rights violations due to fear 
of retribution by security forces and countermilitants. Several 
individuals involved in the documentation of violations in Jammu and 
Kashmir, including lawyers and journalists, have been attacked in past 
years and in some cases killed. No such cases were reported during the 
year, although one monitor was killed during the April-May polls after 
the car she was travelling in ran over an improvised explosive device 
laid by militants to disrupt the electoral process (see Sections 1.a. 
and 1.g.).
    International human rights organizations were restricted. Foreign 
human rights monitors historically have had difficulty obtaining visas 
to visit the country for investigation purposes. For example, in 
November 2003, the Government failed to respond to Secretary General of 
AI Irene Khan Zubeida's visa application. This application followed 
other unsuccessful visa applications in 2002 and 2003, after an AI 
campaign demanded a retrial of the Best Bakery case, and after AI 
released a report critical of state actions during the 2002 Gujarat 
riots. No visas were issued to representatives of HRW. The U.N. Special 
Rapporteur on Extrajudicial Killings did not apply to visit the 
country, but the Government denied visa requests submitted in previous 
years.
    The main domestic human rights organization operating in the 
country was the Government-appointed NHRC. 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. The NHRC does not have the statutory power 
to investigate allegations and can only request a state government to 
submit a report. The NHRC was able to investigate cases against the 
military; however, according to a May order of the Home Ministry, it 
could only recommend compensation, and NHRC recommendations were not 
binding. Each state has its own human rights commission, and the NHRC 
only has jurisdiction if the state commission fails to investigate. 
Human rights groups alleged that state human rights commissions were 
more likely to be influenced by local politics than the NHRC and less 
likely to give a fair judgment.
    Although the NHRC can issue recommendations, subpoena evidence and 
intervene in court proceedings, it had no enforcement powers. Some 
human rights activists called for an amendment of the 1993 Protection 
of Human Rights Act to address NHRC weaknesses.
    The 1993 Protection of Human Rights Act recommends that each state 
establish a state human rights commission. As of October, Commissions 
existed in Assam, Chhattisgarh, Himachal Pradesh, Jammu and Kashmir, 
Kerala, Madhya Pradesh, Manipur, Maharashtra, Orissa, Punjab, 
Rajasthan, Tamil Nadu, Uttar Pradesh, and West Bengal. The Jammu and 
Kashmir state legislature established a state human rights commission, 
but it had no authority to investigate alleged human rights violations 
committed by members of the security forces. In addition to these state 
human rights commissions, legislative action established special courts 
in Tamil Nadu, Uttar Pradesh, and Andhra Pradesh to hear human rights 
cases. However, the courts in Uttar Pradesh did not function, despite a 
1999 court order that they be reactivated.
    The NHRC was active throughout the year, highlighting human rights 
abuses throughout the country, and recommending compensation for 
victims of human rights abuses. For example, in May, the NHRC ordered 
the State of Kerala to pay $222 (Rs. 10,000) to two Adivasi (tribal) 
youths who were allegedly detained illegally by police. Also in May, 
the Home Ministry authorized the NHRC to recommend relief payments to 
victims of human rights abuses by security forces. The decision was in 
response to a petition filed by widows of two men killed by a drunken 
BSF officer. The NHRC subsequently ordered the Government to pay the 
surviving families approximately $4500 (Rs. 200,000) each.
    During the year, the NHRC proposed and lobbied for schools to 
include a human rights course in its standard curriculum, but at year's 
end no schools had implemented this suggestion. The NHRC also wrote to 
the University Grants Commission asking it to initiate courses in human 
rights. Several had complied by the end of the year.
    At year's end, the CCDP, a Punjab-based human rights organization, 
had not heard testimony involving its report documenting 672 
disappearance cases currently pending before the NHRC (see Section 
1.b.). In 1998, the Supreme Court had directed the NHRC to investigate 
2,097 cases of illegal cremation in Punjab's Amritsar district (see 
Section 1.b.). However, of the 2,097 cases, the NHRC has identified and 
named 693 of the missing youth. In November, the NHRC held the Punjab 
state government liable for the deaths of 109 persons and asked the 
Government to pay $5,555 (Rs. 242,725) in compensation to each of the 
victims' next of kin. This is the first time that compensation has been 
awarded for the alleged cremation in Amritsar of 2,097 unclaimed or 
unidentified bodies. The Punjab police have admitted that 109 persons 
were in its custody before they died and were cremated.
    The Nanavati Commission, which was tasked with conducting a re-
inquiry into the 1984 massacre of Sikhs in Delhi, did not complete its 
report and was issued another extension during the year. A two-member 
judicial commission to investigate riot-related violence in Gujarat, 
formed in 2002, also did not complete its report, and it too was issued 
an extension. It is unknown whether the findings of either report will 
be made public.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of a 
person's race, sex, religion, place of birth, or social status, and 
government authorities worked to enforce these provisions with varying 
degrees of success. Despite laws designed to prevent discrimination, 
social and cultural practices as well as other legislation had a 
profound discriminatory impact, and discrimination against women, 
persons with disabilities, indigenous people, homosexuals, and 
national, racial, and ethnic minorities was a problem. The traditional 
caste system, as well as differences of ethnicity, religion, and 
language, deeply divided the society. 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. 
According to the National Family Health Survey released in 2002, 56 
percent of the women said that domestic violence was justified. These 
sentiments led to underreporting and, combined with ineffective 
prosecution and societal attitudes, made progress against domestic 
violence difficult. According to the National Crime Records Bureau 
(NCRB), 49,170 cases of domestic violence were reported in the country 
from 1998-2001. The NCRB reported in July that the number of rapes 
reported in 2003 had declined from 2002, from 16,373 to 14,809, while 
reported molestations had decreased from 33,943 to 31,716. At year's 
end, the NCRB had not released new data.
    The Home Ministry reported that in New Delhi during the past year, 
there were 130 cases of reported dowry deaths, 490 instances of rape, 
489 instances of molestation of women, 1,211 instances of cruelty by 
the husband or in-laws, and 1,599 instances of sexual harassment. In 
response to the high rate of rape, New Delhi police held two workshops 
per week on gender sensitivity.
    The major issue was the high rate of marriage of underage girls. 
According to the Health Ministry's Country Report on Population and 
Development, half of all women were married by the age of 15, although 
the legal age is 18.
    The press reported that violence against women was increasing, 
although some local women's organizations attributed the increase to 
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. Upper caste gangs often used mass 
rape as an intimidation tactic against lower castes, and gang rapes 
often were committed as punishment for alleged adultery or as a means 
of coercion or revenge in rural property disputes. The number of 
reported rape cases and the extent of prosecution varied from state to 
state.
    The Government prosecuted rape cases. For example, in April, the 
Delhi High Court criminally charged 4 presidential bodyguards for their 
involvement in the October 2003 gang rape of a 17-year-old girl. In 
June, four men were sentenced to death for raping and subsequently 
murdering a 6-year-old girl in June 2003.
    Providing or taking dowry is illegal under the Dowry Prohibition 
Act of 1961; however, dowries continued to be offered and accepted, and 
dowry disputes were a serious problem. In a typical dowry dispute, the 
groom's family harassed a new wife whom they believed had not provided 
a sufficient dowry. This harassment sometimes ended in the woman's 
death, which the family often tried to portray as a suicide or 
accident. Data collected by the Ministry of Home Affairs and the NCRB 
show that there has been an overall decline of reported dowry deaths in 
the last 3 years, decreasing from 6,851 in 2001 to 6,822 in 2002 and 
then declining further to 6,285 in 2003. The number of dowry related 
complaints received by the National Commission for Women (NCW) as 
reported by the Home Ministry also showed a decline. Dowry harassment 
complaints in 2002 numbered 1,074; in 2003, complaints numbered 895, 
and complaints numbered 453 in the current year. However, this decline 
may be a result of under-reporting and not a result of an overall 
decline. Many women allegedly committed suicide because of dowry 
pressure.
    Usually at a disadvantage in dowry disputes, women have begun to 
speak out against dowry demands. For example, in August 2003, Nisha 
Sharma filed a complaint with the Delhi police when her prospective 
groom and his family asked her father for more dowry, minutes before 
the wedding. The potential groom was detained for 14 days while formal 
charges were filed for violation of the country's dowry laws. The case 
received considerable publicity, and her story has become part of the 
school curriculum in Delhi to teach young children about the problems 
of the dowry system.
    Under the Penal Code, courts must presume that the husband or the 
wife's in-laws are responsible for every unnatural death of a woman in 
the first 7 years of marriage--provided that harassment was proven; 
however, in practice police did not follow these procedures 
consistently. In such cases, police procedures required that an officer 
of the rank of deputy superintendent or above conduct the investigation 
and that a team of two or more doctors perform the postmortem 
procedures.
    In July, the Madhya Pradesh State Government reportedly created the 
position of a Chief Dowry Prevention Officer (CDPO) and required that 
all government servants seeking to get married produce a sworn 
affidavit by the bride, the groom, and his father that no dowry 
exchanged hands. Several other states also had CDPOs, including Kerala 
and Bihar, although it was unclear how effective they were.
    Cases of dowry murders were reported regularly in the media. One of 
hundreds of such cases was that of Amarjita Kaur, who was married to 
Raj Kumar in 1999, and who was burned alive in May by her husband and 
in-laws in Punjab because of her parents' inability to keep up with her 
in-laws' ever-increasing dowry-related demands. Punjab police filed 
murder charges against the deceased's husband and in-laws, and at 
year's end the cases were still pending.
    In January, the media reported on the case of Jyoti Chandra, a 
woman in Uttar Pradesh whose husband and in-laws tried to kill her and 
their daughter by hitting the child's head against the floor. The woman 
and her daughter were rescued and taken to a hospital. Her husband 
Promod was in judicial custody while the rest of the family 
disappeared.
    Sati, the practice of burning widows on the funeral pyres of their 
husbands, was banned in the 1800s but was still practiced in some 
areas. For example, in April, women's organizations in Rajasthan 
challenged a judgment of the special court, which acquitted 11 
defendants in a Sati case from 1987. The women's groups filed a Public 
Interest Litigation suit after the state government declined to appeal 
the acquittal.
    In May, in Uttar Pradesh, the in-laws of a 24-year-old woman 
electrocuted her, causing the amputation of her limbs, after she 
refused to succumb to the sexual advances of her father-in-law. No 
action was taken, and none was expected against her in-laws.
    During the year, honor killings continued to be a problem, 
especially in the northern states of Punjab and Haryana. Human rights 
organizations estimated that up to 10 percent of all killings in those 
two states were so-called honor killings; however, the true number of 
such killings may be much higher. In September, an honor killing was 
reported in Rajasthan, in which a woman married a Dalit man, and was 
later killed by family members.
    Dalit women were often singled out for harassment. For example, 
they were occasionally stripped naked by mobs and paraded in public for 
offending higher castes. In February, a 50-year-old Haryana woman had 
her nose cut off by a man because her son was in love with his niece, a 
non-Dalit. Police made no arrests in the case, stating they had no 
orders to do so, and none was expected.
    Numerous laws exist to protect women's rights, including the Equal 
Remuneration Act of 1976, the Prevention of Immoral Traffic Act of 
1956, the Sati (Widow Burning) Prevention Act of 1987, and the Dowry 
Prohibition Act of 1961. However, the Government often was unable to 
enforce these laws, especially in rural areas where traditions were 
deeply rooted. According to press reports, the rate of acquittal in 
dowry death cases was high, and due to court backlogs, it took an 
average of 6 to 7 years to conclude such cases.
    The Government has taken a number of steps to assist the victims of 
crimes against women. These include establishing telephonic help lines, 
creating short-stay homes, providing counseling, occupational training, 
medical aid, and other services, and creating grant-in-aid schemes to 
provide rehabilitation rescue.
    Prostitution was illegal, but commonplace. According to UNICEF, the 
country contained half of the 1 million children worldwide who entered 
the sex trade. Many indigenous tribal women were forced into sexual 
exploitation (see Section 6.c.).
    In Lucknow in February, six tribal women were reportedly raped 
while working in a brick kiln. The police initially refused to lodge a 
complaint and alleged that three of the six victims had not actually 
been raped. After higher authorities intervened, police filed charges 
and arrested two suspects.
    In recent years, prostitutes began to demand legal rights, 
licenses, and reemployment training. For example in June, numerous sex 
workers in Goa were displaced after authorities demolished their homes. 
The sex workers, who refused the Government's offer of rehabilitation, 
did so, according to the chairperson of the NCW, because they were 
misled. The NCW indicated that the state government was prepared to 
renew its rehabilitation package for the women.
    The country is a significant source, transit point, and destination 
for many thousands of trafficked women (see Section 5, Trafficking).
    Sexual harassment was common, with a vast majority of cases 
unreported to authorities. In June 2003, a senior Professor at the 
Madras Institute of Development Studies published a study in which she 
chronicled the hazards faced by some women in the workforce. Among 
these were physical and verbal abuse from male supervisors, restricted 
use of toilets, and the inability to take lunch breaks. In June, the 
NCW and the Press Institute of India jointly released a report that 
found that a majority of women experienced gender discrimination at 
their workplaces.
    Often, attempts by women to report harassment resulted in further 
problems or dismissal. In January, a woman who was general manager of 
Dena Bank in Mumbai was suspended after she filed sexual harassment 
charges against senior bank officials. There were no developments in 
the case at year's end. In April, a Sahara airlines executive employee 
alleged in Mumbai that she suffered sexual harassment. The 29-year-old 
woman was subsequently fired. At year's end, the case was ongoing.
    On April 27, the Supreme Court determined that a victim of sexual 
harassment could be awarded compensation based on the findings of an 
internal departmental report or investigation of the case.
    The law prohibits discrimination in the workplace; however, 
enforcement was inadequate. In both rural and urban areas, women were 
paid less than men for 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. In a positive development, state governments supported 
microcredit programs for women that began to have an impact in many 
rural districts.
    In February, the Government amended the divorce laws to expand the 
venues where a woman could file and obtain a divorce. Earlier 
provisions in the Hindu and Special Marriage Acts forced women to file 
cases in cities or towns where they resided during the marriage or 
where the marriage took place; however, the amendment permits divorce 
cases where the woman presently resides. At year's end, there were no 
changes to the triple talaq provisions.
    In September, after a request by the All-India Democratic Women's 
Association, the army now allows female military recruits to be 
examined by female doctors if they desire. The situation arose after a 
female soldier was denied promotion to lieutenant when she refused to 
undergo gynecological tests by a male doctor.
    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 could control the family property and 
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. According to the 
Government's statistics from 2003, 165 million of the 200 million 
children between the ages 6-14 attend school. The upper house of 
Parliament failed to take any action on the constitutional amendment 
passed by the lower house of Parliament in 2002 that provided all 
children aged 6 to 14 the right to free and compulsory education 
provided by the State. In contrast to the Government's figures, UNICEF 
reported that of a primary school-age population of approximately 203 
million, approximately 120 million children attended school. However, 
UNICEF reported that 76.2 percent of all children aged 11 to 13 years 
were attending school. A significant gender gap existed in school 
attendance, particularly at the secondary level, where boys outnumbered 
girls 59 to 39 percent, according to the latest government statistics 
released in 2001.
    The Constitution provides for free medical care to all citizens; 
however, availability and quality were problems, particularly in rural 
areas.
    The law prohibits child abuse; however, there were societal 
patterns of abuse of children, and the Government did not release 
comprehensive statistics regarding child abuse.
    In July, the Delhi High Court ruled that victims of child abuse 
should not be examined in an open courtroom and should be allowed to 
give testimony in a cordial and friendly environment. The court also 
stated that a victim's father could be present and that the lawyer of 
the accused could not directly question the child.
    Abuse of children in both public and private educational 
institutions was a problem. Schoolteachers often beat children. In 
February in Amritsar, an 18 year-old Dalit boy was shot and killed by 
the Principal of the Government Senior Secondary School in 
Chhajjalwadi. In May, a student was hospitalized after a female teacher 
injured his ear for coming to class without a required book. Also in 
May in Faridkot, 12 female students belonging to the Scheduled Castes 
and Tribes quit school after their teacher harassed them. No action was 
taken, and none was expected.
    The Government was responsive to some claims of violence against 
children. In May, a village Panchayat in the state of Uttar Pradesh 
sentenced a primary school teacher to death for allegedly molesting a 
minor student. In June, the Tamil Nadu Child Rights Protection Network 
objected to the Tamil Nadu State Human Rights Commission order 
attesting corporal punishment in schools, and highlighted instances of 
torture and sexual abuse of children in schools.
    Children were subjected to abuse during religious ceremonies. In 
August, a rare temple ritual involving burying children for a few 
minutes in a pit to propitiate a goddess was reported from southern 
Tamil Nadu despite a ban imposed on this practice in 2002. In March, 
activists challenged in the Mumbai High Court the ordainment of 9-year-
old boy, Priyal Bagericha, as a Jain monk. Child rights activists 
alleged that various religious sects ordained children as young as 8 
years. These activists also claimed that such children were not 
competent to make such a decision. According to reliable media reports, 
600 such child monks existed in various Jain sects. The High Court 
ruled that it was acceptable for small children to become monks, as the 
children had the option to go back and live with their families.
    The Child Marriage Restraint (Amendment) Act prohibits child 
marriage, a traditional practice in the northern part of the country, 
and raised the age requirement for marriage for girls to 18; however, 
the Government failed to enforce the Act. Each year in April and May, 
during the Hindu festival of Askhay Tritiya, thousands of child 
marriages are 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.
    Trafficking and commercial sexual exploitation of children was a 
problem during the year (see Section 5, Trafficking). In June, social 
activists, journalists, and the parents of 11 girls who complained of 
being tortured and forced into sex slavery intervened at a circus in 
Uttar Pradesh after the district magistrate failed to act on their 
complaints. While one circus owner was arrested on charges of sexual 
exploitation, none of the girls, all of whom were from Nepal, were 
allowed to go home. In October, five minor girls were returned to the 
custody of the Nepali NGO Maiti Nepal after the girls were rescued from 
a circus in north Bihar. Legal proceedings continued at year's end 
against the owner of the circus under the Indian Child/Bonded Labor Act 
and the Minimum Wages Act, and the circus was shut down.
    Female infanticide was a problem, and the traditional preference 
for male children continued. According to statistics, the natural 
pattern of child sex distribution suggested there should be 952 girls 
for every 1,000 boys, but in the last 2 years in Tamil Nadu, the ratio 
has been as low as 727 in some rural areas of the state, according to 
the 2001 Census. Sex selective feticide was the cause for the drop. 
Although the law prohibits the use of amniocentesis and sonogram tests 
for sex determination, NGOs in the area reported that family planning 
centers in the state reveal the sex of the fetus, and the Government 
did not effectively enforce the law prohibiting termination of a 
pregnancy for sexual preference. 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. The states of 
Punjab, Haryana, Gujarat, Uttar Pradesh, Himachal Pradesh, Delhi, parts 
of Tamil Nadu, Maharashtra, and Karnataka reported particularly low 
male/female ratios, with Punjab reporting the lowest statewide totals 
in the country: 793 females to 1000 males.

    Trafficking in Persons.--The Constitution and the Immoral 
Trafficking Prevention Act (ITPA), supplemented by the Indian Penal 
Code, prohibit trafficking in human beings, and the law contains severe 
penalties for violations; however, trafficking in persons is a 
significant problem and some government officials participated in and 
facilitated the practice.
    The ITPA toughened penalties for trafficking in children, 
particularly by focusing on traffickers, pimps, landlords, and brothel 
operators, while protecting underage girls as victims. Conviction for 
an offense committed against a child (under 16 years) results in 
imprisonment for 7 years to life. In the case of minors (16 to 18 
years), the punishment is 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. During the year 
there were more than 170 prosecutions against traffickers. Although the 
police were charged with enforcing the country's laws on prostitution 
and trafficking in women and children, NGOs, observers, and women in 
prostitution said that police actions were often a part of the problem. 
NGOs alleged that corruption at the enforcement level helped perpetuate 
trafficking.
    The country was a significant source, transit point, and 
destination for numerous trafficked persons, primarily for the purposes 
of prostitution and forced labor. There were an estimated 500,000 child 
prostitutes nationwide. More than 2.3 million girls and women were 
believed to be working in the sex industry within the country, and 
experts believed that more than 200,000 persons were 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 commercial sexual exploitation. According to an 
International Labor Organization (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. 
Tribals made up a large proportion of the women forced into sexual 
exploitation.
    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 was an origin for women and children trafficked to 
other countries in Asia, the Middle East, and the West. The country 
also served 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.
    Trafficking of children for commercial sexual exploitation from 
Nepal and from Bangladesh is estimated at 6,000 to 10,000 annually from 
each country. Girls as young as 7 years of age were trafficked from 
economically depressed neighborhoods in Nepal, Bangladesh, and rural 
areas of the country to the major prostitution centers of Mumbai, 
Calcutta, and New Delhi. NGOs estimate that 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 West Bengal, the organized traffic in 
illegal Bangladeshi immigrants was a principal source of bonded labor. 
Calcutta was a convenient transit point for traffickers who sent 
Bangladeshis to New Delhi, Mumbai, Uttar Pradesh, and the Middle East.
    Within the country, women from economically depressed areas often 
moved into the cities seeking greater economic opportunities, and once 
there were often forced by traffickers into prostitution. In some 
cases, family members sold young girls into prostitution. Extreme 
poverty, combined with the low social status of women, often resulted 
in parents handing over their children to strangers for what they 
believed was employment or marriage. In some instances, parents 
received payments or the promise that their children would send wages 
back home.
    Many indigenous tribal women were forced into sexual exploitation. 
According to the Indian Center for Indigenous and Tribal Peoples, more 
than 40,000 tribal women, mainly from Orissa and Bihar, were forced 
into economic and sexual exploitation; many came from tribes driven off 
their land by national park schemes. A Haryana-based NGO revealed 
widespread trafficking of teenaged girls and young boys from poverty-
stricken Assam to wealthier Haryana and Punjab for sexual slavery under 
the pretext of entering into arranged marriages or for forced labor.
    Some boys, often as young as age 4, were trafficked to the Middle 
East or the Persian Gulf as jockeys in camel races. Some boys ended up 
as beggars in Saudi Arabia during the Hajj (pilgrimage). The majority 
of such children worked with the knowledge of their parents, who 
received $200 (Rs 9,300) for their child's labor. Many children may 
also have been kidnapped for forced labor, with kidnappers earning 
approximately $150 (Rs 7,000) per month from the labor of each child. 
The child's names were usually added to the passport of a Bangladeshi 
or citizen woman who already had a visa for the Gulf. Girls and women 
were trafficked to the Persian Gulf states to work as domestic workers 
or for commercial sexual exploitation.
    The NCW reported that organized crime played a significant role in 
the country's sex trafficking trade and that trafficked women and 
children were frequently subjected to extortion, beatings, and rape. 
Although a few women were abducted forcibly or drugged, most were 
trafficked through false offers of marriage, employment, or shelter. 
Poverty, illiteracy, and lack of employment opportunities contributed 
to the trafficking problem as well as police corruption and collusion. 
Although corruption was endemic, there was no known anticorruption 
initiative linked specifically to trafficking during the year. NGOs 
alleged that issues such as ignorance, a lack of political resolve, and 
corruption at the enforcement level perpetuated the problem.
    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. 
Women involved in prostitution in Mumbai and Calcutta claimed that 
harassment, extortion, and occasional arrests on soliciting charges 
usually characterized police intervention. 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.
    In many cases, police or the staff of government remand centers, 
where rescued victims were housed temporarily, sexually abused 
trafficking victims. In many cases, arrested prostitutes were quickly 
returned to the brothels after the brothel operators paid bribes to the 
authorities. In still other cases, arrested prostitutes were released 
into the custody of traffickers and madams posing as relatives. In 
these cases, the debt owed by the girls to the brothel operators and 
traffickers further increased, as the costs of bribing or legally 
obtaining release of the girls was added to their labor debt.
    Some NGOs knowledgeable about the trafficking situation identified 
traffickers and the locations of girls being held captive by brothel 
owners. However, other NGOs were reluctant to trust 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 re-
victimized rather than assisted by such raids. Several NGOs have had 
significant successes, however, in working with police to target 
brothels with children.
    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. However, the vast majority of arrests made under ITPA 
were for solicitation rather than trafficking or trafficking-related 
crimes. During the year, this practice was changing and in Delhi and 
Mumbai, police reportedly no longer arrested trafficked women and 
children for soliciting, and in Tamil Nadu, such arrests diminished 
significantly. Some NGOs noted that this ambiguity, which was intended 
to protect trafficking victims, instead was exploited to protect the 
commercial sex industry.
    Due to selective implementation of the ITPA, the rescue of sex 
workers from brothels often led to their re-victimization. Using ITPA 
provisions against soliciting or engaging in sexual acts, police 
regularly arrestd sex workers, extorted money from them, evicted them, 
and took their children from them. Therefore, although the intention of 
the ITPA was to increase enforcement efforts against the traffickers, 
pimps, and border operators, the opposite occurred. Implementation of 
the ITPA's provisions for protection and rehabilitation of women and 
children rescued from the sex trade was improving steadily. The 
Government has increased police training, inter-state coordination of 
anti-trafficking efforts, studies and maps of trafficking patterns, 
cooperation with NGOs, and improved the number of shelter facilities 
available to rescued trafficking victims.
    Over the last several years, arrests and prosecutions under the 
ITPA increased slightly, while all indications suggested a growing 
level of trafficking into and within the country. The NHRC released a 
comprehensive 2-year study of trafficking issues in the country. It 
included information on cross-border trafficking and extensive data on 
trafficking victims currently in commercial sex work, rescued victims, 
concerned NGOs, clients, and traffickers and brothel keepers, and 
covered all aspects of prevention, protection and prosecution. The 
Government, the judiciary, law enforcement and NGOs lauded the report 
for its thoroughness, and the Government said it would use the study's 
analysis to frame anti-trafficking policy changes.
    The Government cooperated with groups in Nepal and Bangladesh to 
deal with the problem and began to negotiate bilateral anti-trafficking 
agreements. Training and informational meetings took place under the 
Action Against Trafficking and Sexual Exploitation of Children (AATSEC) 
and South Asian Association for Regional Cooperation. The NHRC asked 
the committee that oversees the Hajj 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. In addition, the Central Police Academy conducted, 
in conjunction with local state police academies, improved training 
designed in part to sensitize officers to the problem of trafficking 
and strengthen police responsiveness to trafficking victims. Efforts to 
improve NGO coordination were being made in Calcutta, where 10 NGOs met 
monthly as part of the 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.
    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.
    In February, the NHRC held a 2-day program for judges, law 
enforcement, and government officials on trafficking, and in August, 
the NHRC released a study on the trafficking of women, recommending the 
creation of a national anti-trafficking agency. According to NGOs, 
there were significant improvements in investigations and arrests of 
traffickers in Mumbai, New Delhi, Chennai, Hyderabad, and Calcutta. 
There were roughly 80 NGOs in 10 states working for the emancipation 
and rehabilitation of women and children trafficked into the sex trade. 
A group on child prostitution established by the NHRC included 
representatives from the NCW, 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.

    Persons With Disabilities.--The Persons with Disabilities Act 
provides equal rights to all persons with disabilities; however, 
advocacy organizations admitted that its practical effects have so far 
been minimal, in part due to a clause that makes the implementation of 
programs dependent on the ``economic capacity'' of the Government. 
Widespread discrimination occurred against persons with physical and 
mental disabilities in employment, education, and in access to health 
care. Neither law nor regulation required accessibility for persons 
with disabilities. Government buildings, educational establishments, 
and public spaces throughout the country have almost no provisions for 
wheelchair access.
    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 inadequate sanitary conditions. In 
July, the NHRC announced that insufficient attention was paid to issues 
of the mentally handicapped and called for better enforcement of 
national laws. At year's end, no action was taken on the 2001 NHRC 
recommendation to remove all persons with mental illness from jails.
    The Government provided special arrangements for disabled voters 
during the April-May parliamentary elections, but was not able to meet 
needs on a countrywide basis. Pursuant to a Supreme Court directive, 
the Election Department attempted to make all polling places accessible 
by providing wooden ramps. However, disabled rights activists 
criticized the Election Commission's lack of compliance and delay, and 
were physically prevented from protesting outside of the Commission's 
office in April. The Government provided access to most polling 
stations in larger cities like New Delhi, but access in rural areas was 
uneven.
    The Disabled Division of the Ministry of Welfare 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 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. With the adoption 
of the Persons with Disability Act, a nascent disabled rights movement 
slowly raised public awareness of the rights of persons with 
disabilities.
    The National Commission for Persons with Disabilities (NCPD) had 
the responsibility to recommend to the Government specific programs to 
eliminate inequalities in status, facilities, and opportunities for 
disabled persons, review the status and condition of institutions 
delivering services and submit annual reports with recommendations. In 
February, the Government constituted a new NCPD headed by a former 
Governor, Sunder Singh Bhandari. In April, the Rajasthan High Court 
directed the State Government to promote the establishment of special 
schools for disabled children in both the public and private sectors; 
however, a majority of teachers have not been trained on how to meet 
the special needs of disabled children. Also, the National Center for 
Promotion of Employment for Disabled People stated in September that 
there was a shortage of educational institutions for the disabled and 
that the admissions process was marked by harassment.
    In July, disabled rights NGOs reported that the disabled were not 
able to obtain duty free imports of artificial limbs, crutches, 
wheelchairs, walking frames, and other medical needs. They also claimed 
that no effort was being made to make railway compartments, platforms, 
and railways accessible to the disabled, and noted that less than 1 
percent of the disabled were employed.
    The Equal Opportunities, Protection of Rights and Full 
Participation Act of 1995 stipulates that 3 percent of all education 
slots be reserved for the disabled; however, statistics showed that 
only about 1 percent of students were disabled. The Times Insight Group 
reported in September that most colleges and universities did not know 
about this law.
    The Government provided special railway fares, education 
allowances, scholarships, customs exemptions, and budgetary funds from 
the Ministry of Rural Development, and rehabilitation training to 
assist the disabled; however, implementation of these entitlements was 
not comprehensive. Parents of children with developmental disabilities 
lobbied the Government for a special security fund; however, no action 
was taken on this request at year's end.
    In March, disabled rights activists reported that airlines and 
airports were not providing adequate accommodations for the disabled. 
These included failure to adjust toilets, eating and water facilities, 
and accessible parking for the physically impaired.

    National/Racial/Ethnic Minorities.--The Constitution and the 1955 
Civil Rights Act outlaws the practice of untouchability, which 
discriminates against Dalits and other people defined as Scheduled 
Castes; however, such discrimination remained an important aspect of 
life. Despite longstanding efforts by the Government to eliminate the 
discriminatory aspects of caste, the practice has remained, and 
widespread discrimination based on the caste system occurred throughout 
the country.
    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 2001 
census, scheduled castes, including Dalits, made up 16 percent (166.6 
million) of the population, and scheduled tribes were 8 percent (84.3 
million) of the country's population.
    Many rural Dalits worked as agricultural laborers for caste 
landowners without remuneration. The majority of bonded laborers were 
Dalits (see Section 6.c.). Dalits, among the poorest of citizens, 
generally did not own land, and often were illiterate. They faced 
significant discrimination despite laws to protect them, and often were 
socially prohibited from using the same wells and from attending the 
same temples as caste Hindus, and from marrying caste Hindus. In 
addition, they faced social segregation in housing, land ownership, and 
public transport. Dalits were malnourished, lacked access to health 
care, worked in poor conditions (see Section 6.e.), and continued to 
face social ostracism. NGOs reported that crimes committed by higher 
caste Hindus against Dalits often went unpunished, either because the 
authorities failed to prosecute vigorously such cases or because the 
crimes were unreported by the victims, who feared retaliation.
    On May 16, approximately 100 Dalit houses in the village of 
Kalapatti in Tamil Nadu were set on fire during the night, just days 
after the Government announced the general election results. Upper 
caste residents who blamed Dalits for their candidates' loss reportedly 
committed the attacks. In July, police in Tamil Nadu reportedly used 
excessive force to target Dalits while responding to riots at a 
religious festival. The injured included approximately 20 Dalits, 8 of 
whom required hospitalization. The riot broke out when upper-caste 
Hindus forcefully barred Dalits from participating in the festival.
    Christians historically rejected the concept of caste; however, 
because many Christians descended from low caste or Dalit families, 
many continued to suffer the same social and economic limitations, 
particularly in rural areas. Low caste Hindus who converted to 
Christianity lost their eligibility for affirmative action programs. 
Those who became Buddhists or Sikhs did not. In some states, government 
jobs were reserved for Muslims of low caste descent.
    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; 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. While much more rare 
in urban settings, examples of intolerance occurred regularly in rural 
parts of the country. Complicated social and ethnic divisions in 
society created severe localized discrimination. For example, in July, 
30 men from the Yadav community in Madhya Pradesh, with the backing of 
the village council, allegedly gang raped three Dalit women. The gang 
rape is thought to have been in response to the elopement of a girl 
from the Yadav community with a Dalit boy. Police arrested 8 persons, 
and cases have been filed against 20 unidentified persons. A day after 
the incident, a village leader allegedly stripped a Dalit woman in 
public view. The Madhya Pradesh Chief Minister indicated she was 
considering ordering a community fine on the entire village where 
residents were mute spectators to these acts; however, no action 
reportedly was taken.
    Discrimination against Dalits covered the entire spectrum of 
social, economic, and political activities, from withholding of rights 
to killings. In January, Dalits participating in a national Dalit 
Swadhikar rally in Rajasthan were denied entry to the Shrinathji temple 
in Nathdwara. In May, a Dalit woman who had filed a complaint at the 
Aurangabad police station, died from severe burns, after allegedly 
being removed from the police station and set on fire by the officer in 
charge. The officer was suspended and charged with murder.
    The BJP government in Rajasthan has selectively withdrawn a large 
number of cases related to communal conflicts filed during the tenure 
of the previous Congress-led government. Most cases were filed against 
the Hindu extremist Rashtriya Swayamsevak Sangh and other Hindu 
nationalist groups. However, cases filed against minority groups 
involved in the same incidents have not been withdrawn.
    There were some positive developments for Dalits during the year. 
In April, the Orissa state government reportedly began paying 
compensation to victims under the Scheduled Caste and Tribes 
(Prevention of Atrocities) Act, 1989, and Rules 1995 following 
intervention by the NHRC. In January, the first Dalit woman was elected 
as mayor of the Chandigarh Municipal Corporation. In July, the Finance 
Minister added an additional $10 million (RS 5 billion) to the National 
Minorities Development and Finance Corporation.

    Indigenous People.--The Innerline Regulations enacted by the 
British in 1873 provide the basis for safeguarding tribal rights in 
most of the northeastern border states, and in practice, the 
Regulations are followed. 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 who, depending on the 
region, were elected or nominated by their constituency.
    Data from the 2001 census published in September indicated that 8.2 
percent of the population belonged to scheduled tribes. According to 
the ICITP, 80 percent of the tribal population lived below the poverty 
level, and more than 40,000 tribal women, mainly from Orissa and Bihar, 
were forced into situations of economic and sexual exploitation (see 
Section 5, Trafficking, and Section 6.c.). The 1955 Protection of Civil 
Rights Act prescribed special courts to hear complaints of atrocities 
committed against tribal people. In February, the Supreme Court decided 
that the Scheduled Castes and Scheduled Tribes (Prevention of 
Atrocities) Act of 1989 still applied to crime victims who were members 
of a scheduled tribe and caste, even if they had converted. The 
decision was in response to an appeal of a Kerala High Court decision, 
which held that because a rape victim had converted to Christianity, 
she could not receive the Act's protection.
    Despite constitutional safeguards, the rights of indigenous groups 
in the eastern parts of the country often were ignored. NGOs reported 
that in 2001, 4,121 cases of crimes against scheduled tribes were 
reported to the NHRC throughout the country. In recent years, crime 
against scheduled tribes has risen. In 1998, 725 cases were reported, 
as opposed to 6,774 in 2002, the last year for which data were 
available. Indigenous peoples suffered discrimination and harassment, 
were deprived of their land, and 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. In July, forest 
department staff ignored a Supreme Court order and forcefully evacuated 
a tribal village in the Betul district of Madhya Pradesh. 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 persons occurred in many 
states (see Section 1.c.). For example, in May, a tribal woman was 
forced to parade naked in Orissa because she was suspected of being a 
witch. A crowd dragged the woman into the street, undressed her, forced 
her to eat human excreta, and tried to hang her from a tree. No action 
was taken against those responsible.
    Numerous tribal movements demanded the protection of land and 
property rights. The Jharkhand Movement in Bihar and the Bodo Movement 
in Assam reflected deep economic and social grievances among indigenous 
peoples. As a result of complaints, largely tribal-populated states 
were created in 2000 from the Jharkhand area of Bihar and the 
Chhattisgarh region of Madhya Pradesh. Authorities provided local 
autonomy to some tribal people in the northeast.

    Other Societal Abuses and Discrimination.--Section 377 of the Penal 
Code punishes acts of sodomy, buggery and bestiality; however, the law 
is commonly used to target, harass, and punish lesbian, gay, bisexual, 
and transgender persons. Human rights groups stated that gay and 
lesbian rights were not viewed as human rights in the country.
    Gays and lesbians faced discrimination in all areas of society, 
including family, work, and education. Activists reported that in most 
cases, homosexuals who do not hide their orientation were fired from 
their jobs. Homosexuals also faced physical attacks, rape, and 
blackmail. Police have committed these crimes and used the threat of 
Section 377 to ensure the victim did not report the incidents. The 
overarching nature of Section 377 allowed police to arrest gays and 
lesbians virtually at will, and officers used the threat of arrest to 
ensure no charges would be filed against them.
    On September 2, the Delhi High Court dismissed a legal challenge to 
Section 377 of the Indian Penal Code. Plaintiffs filed the case in June 
2001 after police arrested four gay and lesbian rights workers at the 
NAZ Foundation International and National Aids Control Office premises 
in Lucknow, Uttar Pradesh, for conspiring to commit ``unnatural sexual 
acts'' and possessing ``obscene material'' which was reportedly safer-
sex educational materials construed as pornography. The AIDS workers 
were kept in captivity for more than 45 days and were refused bail 
twice before it was granted by the High Court. The Court ruled that the 
validity of the law could not be challenged by anyone ``not affected by 
it,'' as the defendants had not been charged with a sex act prohibited 
by law.
    Homosexuals have been detained in clinics for months and subjected 
to treatment against their will. The NAZ Foundation filed a petition 
with the NHRC regarding a case in which a man was subjected to shock 
therapy. The NHRC declined to take the case, as gay and lesbian rights 
were not under its purview.
    Authorities estimated that HIV/AIDS had infected approximately 4 
million persons, and there was significant societal discrimination 
against persons with the disease. According to the ILO, 70 percent of 
persons suffering from HIV/AIDS faced discrimination.
    In Ahmedabad in April, an HIV positive woman committed suicide at 
her home after allegedly being harassed by her co-workers.
    HRW said that many doctors refused to treat HIV-positive children, 
and that some schools expelled or segregated children because they or 
their parents were HIV-positive. Many orphanages and other residential 
institutions rejected HIV-positive children or denied them housing.
    In January, a Mumbai High Court ruling determined that HIV-positive 
persons could not be fired. There was no information available on the 
implications of this ruling at year's end.
Section 6. Worker Rights
    a. 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 non-industrial 
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 1 of the 5 major trade union 
centrals.
    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. The authorities generally 
prosecuted and punished those persons responsible for intimidation or 
suppression of legitimate trade union activities, when the victims were 
members of nationally organized unions. Unaffiliated unions were not 
able, in all instances, to secure for themselves the protections and 
rights provided by law. Union membership was rare in the informal 
sector.
    The Trade Union Act prohibits discrimination against union members 
and organizers, and employers were penalized if they discriminated 
against employees engaged in union activities.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for 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 wages. 
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 in government-owned enterprises and requires conciliation or 
arbitration in specified essential industries; however, essential 
services never have been defined in law. Legal mechanisms exist for 
challenging the assertion that a given dispute falls within the scope 
of this act. The act thus is subject to varying interpretations from 
state to state. State and local authorities occasionally use their 
power to declare strikes illegal and force adjudication. 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 in 2002 that all general strikes 
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 and a general strike. 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. In August, 
the Supreme Court declared all strikes by government employees to be 
illegal; however, in practice this was not enforced.
    There are seven Export Processing Zones (EPZs). Entry into the EPZs 
ordinarily is limited to employees, and such entry restrictions applied 
to union organizers. While workers in the EPZs have the right to 
organize and to bargain collectively, union activity was rare. In 
addition, unions did not vigorously pursue 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 
International Confederation of Free Trade Unions 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 Compulsory Labor.--The Constitution 
prohibits forced or bonded labor, including by children; however, such 
practices remained widespread. The Bonded Labor System (Abolition) Act 
prohibits all bonded labor by adults and children. Offenders may be 
sentenced 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. 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 a 
Government report, more than 85 percent of bonded laborers belonged to 
the scheduled castes and scheduled tribes.
    Some press reports in 2002 indicated that Tamil Nadu alone had 
25,800 bonded laborers, in response to which the state government began 
planning and implementing rehabilitation programs. 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 5, Trafficking).
    Female bondage, forced prostitution, and trafficking in women and 
children for the purpose of prostitution were widespread problems (see 
Section 5, Trafficking). According to press reports, prison officials 
used prisoners as domestic servants and sold female prisoners to 
brothels (see Section 1.c.). Devadasis, defined as 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 of the girls eventually were 
sold to urban brothels (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government prohibits forced and bonded child labor; however, this 
prohibition was not effectively enforced, and forced child labor was a 
problem. The law prohibits the exploitation of children in the 
workplace; however, NHRC officials have admitted that implementation of 
existing child labor laws was inadequate, that administrators were not 
vigilant, that children were particularly vulnerable to exploitation, 
and that the Commission was focusing on the adequacy of existing 
legislation.
    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 included passenger goods and mail transport by 
railway. In occupations and processes in which child labor is 
permitted, work by children was 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 Government assisted working children through the National Child 
Labor Project, which was established in more than 3,700 schools. 
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.
    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. 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 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 could not 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 were 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. In 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. For example, in June, the Lucknow Bench of the Allahabad 
High Court directed nine children working with the Great Roman Circus 
to be released and handed over to their parents. The petitioner had 
alleged that the circus owner was making the children work in violation 
of the law. At year's end, the case was still in pending.
    In 2003, the Labor Commissioner estimated that there were 3,000 
bonded child laborers in the Magadi silk twining factories. In January, 
HRW interviewed children in three states, Karnataka, Uttar Pradesh, and 
Tamil Nadu, and found that production of silk thread still depended on 
bonded children.
    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 were employed. 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, ineffective 
state and federal government enforcement of existing laws, and economic 
hardships faced by families.
    Employers in some industries 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 knownly 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. However, the CEPC stated that 
even with its programs 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, United Nations Educational, Scientific and Cultural 
Organization (UNESCO), the United Nations Development Programme (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 145,000 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. Press reports said that a Madurai NGO had rescued 33 
children who had been sold into slave labor during the year.

    e. Acceptable Conditions of Work.--State government laws set 
minimum wages, hours of work, and safety and health standards. The 
Factories Act mandates an 8-hour workday, a 49-hour workweek, and 
minimum working conditions. These standards were generally enforced and 
accepted in the modern industrial sector; however, they were not 
observed in less economically stable industries.
    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.
    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.
    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. However, 
these rules seldom were obeyed. In June, flooding of a mine killed 17 
miners in Andhra Pradesh.
    Safety conditions generally tended to be better in the EPZs than in 
the manufacturing sector.
    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.

                               __________

                                MALDIVES

    The Republic of Maldives has a parliamentary style of government 
with a strong executive. Political parties are not allowed to function. 
The President appoints the Cabinet, members of the judiciary, and 8 
members of the 50-member Parliament. The President derives additional 
influence from his constitutional role as the ``Supreme authority to 
propagate the tenets of Islam.'' The unicameral legislature, the 
People's Majlis, selects a single presidential nominee who is approved 
or rejected in a national referendum. President Maumoon Abdul Gayoom 
was approved for a sixth 5-year term in October 2003. The People's 
Majlis must approve all legislation and is empowered to enact 
legislation without presidential approval. In May, elections were held 
for the members of the People's Special Majlis, a constitutional body 
convoked by the President specifically to address constitutional 
reforms. During the year, the Special Majlis, consisting of the 50 
members of the regular People's Majlis and 50 members elected or 
appointed specifically for this reform process, met several times. 
Civil law is subordinate to Shari'a (Islamic law), but civil law 
generally is applied in criminal and civil cases. The judiciary is 
subject to executive influence.
    In September, police separated from the National Security Service 
(NSS), which formerly included the armed forces and police. The 
Maldives Police Service, now a civilian force reporting to the Ministry 
of Home Affairs, investigates crimes, collects intelligence, makes 
arrests, and enforces house arrest. Although the NSS is responsible for 
external security, it retained a role in internal security. The 
Director of the NSS reports to the Minister of Defense. The civilian 
authorities maintained effective control of the security forces. Some 
members of the security forces committed human rights abuses.
    The country had a population of approximately 285,000, according to 
a mid-year estimate, and had a market-based economy. Tourism and 
fishing provided employment for more than one-half of the work force. 
Manufacturing, primarily apparel production, decreased. The economic 
growth rate was approximately 8.5 percent. Public sector wages did not 
keep pace with inflation. On December 26, a large-scale tsunami 
devastated significant parts of the country, killing 82 persons and 
injuring and displacing thousands of others.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. The 
President's power to appoint some members of the Parliament and the 
absence of political parties constrained citizens' ability to change 
their government. Although the President issued orders designed to 
protect the rights of detainees, such as ensuring the right to counsel 
and videotaping all interrogations, there were reports of the abuse of 
prisoners. The Government continued to impose constraints on freedom of 
the press and on the formation of political parties; however, on June 
9, the President proposed numerous constitutional reforms including the 
right to form political parties. The Government limited freedom of 
assembly and association. The law prohibits the practice of any 
religion other than Islam. 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 
internationally recognized 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. In September 2003, security forces killed 
two inmates, Hassan Eemaan Naseem and Abdulla Amin, during the Maafushi 
prison uprising. Of the 12 other inmates injured and flown to Sri Lanka 
for treatment, 1 prisoner, Ali Aslaam, later died (see Section 1.c.). 
During the year, the Government continued the prosecution of 12 NSS 
officials involved in the killing of Hassan Eemaan Naseem and 6 others 
involved in the prison uprising that followed.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, according to 
human rights organizations and opposition groups, there were reports of 
beatings or other mistreatment of persons in police custody during the 
year. Following demonstrations in Male on August 12 to 13 to demand the 
release of political prisoners and the implementation of democratic 
reforms, the Government declared on August 13 a state of emergency, 
which suspended constitutional rights for detainees. According to 
Amnesty International (AI), Mohamed Munavvar, the former Attorney 
General and member of the People's Majlis, was beaten while in custody 
in August. AI also noted that at least one prisoner, Ahmed Ibrahim 
Didi, needed urgent medical attention for a heart condition. The 
Government denied allegations of police brutality. There were no 
developments in the case of Ibrahim Moosa Luthfee, who was sentenced in 
2002 to life imprisonment (see Section 2.a.) and who escaped in May 
2003 from police custody after being taken to Sri Lanka for medical 
treatment as a result of alleged mistreatment and harsh conditions 
while he was in Maafushi Prison.
    Following the September 2003 Maafushi Prison uprising and 
subsequent rioting, President Gayoom launched two separate inquiries 
into the incidents. The public reports made recommendations for 
improved supervision of prison operations and increased rehabilitation 
opportunities for inmates. The Government held an NSS captain at the 
prison responsible for the uprising, dismissed him from police service, 
and fired 12 NSS personnel for their roles in the prison disturbance. 
In June, the Criminal Court sentenced Mohamed Aswan, second in command 
of the Maafushi Prison security unit, to 6 months' banishment to a 
remote island for disobeying government orders in the confrontation at 
the prison (see Sections 1.d. and 2.d.). Government prosecution of 
other NSS officials continued during the year.
    There were reports of public floggings (which are allowed under 
Shari'a as interpreted in the country). Several cases were related to 
charges of adultery. In general, punishments were limited to fines, 
compensatory payment, house arrest, imprisonment, or banishment to a 
remote atoll (see Section 1.d.). The Government generally permitted 
those who were banished to receive visits by family members.
    There was one prison and one detention center in the country. 
During the year, some detainees were also kept at an NSS training 
facility. The country's main facility had a fluctuating population of 
approximately 300 inmates.
    After the 2003 Maafushi Prison riot, the Government surveyed prison 
facilities in other countries to incorporate international standards 
and improvements in the reconstruction of the prison, and prison 
conditions improved during the year. Prisoners were allowed to work and 
were given the opportunity for regular exercise and recreation. Spouses 
were allowed privacy during visits with incarcerated partners. After 
the August 12 to 13 civil unrest, some detainees were held 
incommunicado in 8-foot by 8-foot cells at the Dhoonidoo Detention 
Facility, without access to reading material or exercise. Most other 
detainees held after the August unrest and state of emergency were held 
in solitary confinement in 6 by 9 foot cells at an NSS training 
facility. In October, some detainees were given access to legal 
counsel. Food and medical care at all facilities appeared to be 
adequate. Some detainees complained of mistreatment while being 
transferred to and held at detention facilities, and human rights 
organizations noted that some prisoners were kept in unsanitary 
conditions. Women were held separately from men. Juveniles were held 
separately from adults. Pretrial detainees were not held separately 
from convicted prisoners. Persons arrested for drug use were sent to a 
drug rehabilitation center on a space available basis.
    Some international human rights organizations were not permitted to 
visit prisons; however, the Government permitted prison visits by 
foreign diplomats. During the year, the International Committee of the 
Red Cross (ICRC) signed a formal agreement with the Government to 
monitor prisons but did not make any visits (see Section 4). AI visited 
the country in October, but did not issue a report during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, persons were held arbitrarily 
after the August 12-13 unrest in Male. Of the approximately 180 persons 
initially detained (see Section 2.b.), 78 persons were detained for 
several weeks without charge and without access to counsel or family 
members. While the Government allowed diplomats, family members, and 
members of the Maldives Human Rights Commission (MHRC) to visit some 
prisoners, the Government did not grant access to all prisoners. After 
3 weeks, the Government permitted family visits for some of the 
prisoners.
    Police initiated investigations based on response to written 
complaints from citizens, police officers, or government officials, or 
on suspicion of criminal activity. They were not required to obtain 
arrest warrants. The Attorney General referred cases to the appropriate 
court based on the results of police investigations. The authorities 
generally kept the details of a case secret until they were confident 
that the charges were likely to be upheld.
    The 287-officer Maldives Police Service, which until September 
functioned as a subset of the NSS, investigated crimes, collected 
intelligence, made arrests, and enforced house arrest. Neither police 
corruption nor impunity posed problems during the year. The Government 
inquiries into the September 2003 Maafushi Prison uprising concluded 
that improved supervision of prison operations and increased 
rehabilitation opportunities for inmates were necessary, and these 
reforms were implemented.
    A suspect may be detained in prison, remain free, or be placed 
under house arrest for 15 days during investigations, depending upon 
the charges. In most cases, the suspect is released if not brought to 
trial within 15 days, but the President may extend pretrial detention 
for an additional 30 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. There is no provision for bail. Many of 
these provisions were suspended for the detainees held during the state 
of emergency enacted following the August 12 to 13 uprising.
    The law provides for limited legal assistance to people accused of 
a criminal offense. In previous years, AI alleged that conversations 
between counsel and accused were conducted in the presence of police. 
Lawyers can be appointed in civil cases when the complainant and 
defendant are private individuals. Courts did not provide legal 
representation for the indigent. Although there is no right to legal 
counsel during police interrogation, detainees are granted access to 
family members. The Government may prohibit access to a telephone and 
nonfamily visits to those under house arrest. Following the state of 
emergency declared after the August 12 to 13 unrest, most of the 
detainees were held incommunicado for several weeks, but the Government 
later granted some of them family visits. The law does not provide 
safeguards against incommunicado detention (see Sections 1.c. and 
1.e.).
    On February 13, the Government arrested approximately eight persons 
for planning a demonstration by an unregistered political party. 
According to AI, the Maldivian Democratic Party (MDP), which the 
Government does not recognize, planned to sponsor a demonstration to 
protest the Government's failure to curb crime. According to 
international media reports, the Government arrested the planners of 
the demonstration for traffic and burglary offences; however, AI 
claimed the Government made the arrests because members of MDP held 
elections for the Governing Council of their organization (see Section 
2.b.). Opposition leaders claimed that the MDP planned to give the 
President a letter asserting that the Constitution allows political 
parties. Legal action against the eight persons still detained or under 
house arrest was ongoing at year's end.
    The law limits a citizen's right to freedom of expression in order 
to protect the ``basic tenets of Islam.'' In 2002, according to AI and 
other sources, four individuals were arrested for distributing Islamist 
and antigovernment literature. By the end of 2003, three of the men 
were convicted to lengthy prison sentences for extremism and 
subversion, and the fourth man was released.
    There were reports of internal exile of citizens during the year 
(see Section 2.d.). In 2002, according to the Government, more than 600 
persons were temporarily banished to another island. In June, an NSS 
officer was banished to a remote island for 6 months for disobeying 
government orders in the September 2003 Maafushi Prison disturbances 
(see Section 1.c.).

    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 People's Majlis. The President also may grant 
pardons and amnesties.
    There are three courts: One for civil matters; one for criminal 
cases; and one for family and juvenile cases. There is also a High 
Court in Male, which is independent of the Justice Ministry and which 
handles a wide range of cases, including politically sensitive ones. 
The High Court also acts as court of appeals. The President can appoint 
a five-member advisory council to review High Court rulings. The 
President also has authority to affirm judgments of the High Court, to 
order a second hearing, or to overturn the Court's decision.
    Most trials are public and are conducted by judges and magistrates 
trained in Islamic, civil, and criminal law. There are no jury trials.
    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.'' The judiciary 
generally enforced these rights. During a trial, the accused also may 
call witnesses, and be assisted by a lawyer (see Section 1.d.). 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 matters 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 right 
to counsel was denied in lower court. Those convicted had the right to 
appeal. Under the country's Islamic practice, the testimony of two 
women equals that of one man in matters involving Shari'a, such as 
adultery, finance, and inheritance. In other cases, the testimony of 
men and women are equivalent (see Section 5).
    There were no confirmed reports of political prisoners; however, AI 
claimed the Government held at least six political prisoners. According 
to AI, in 2002, Ibrahim Moosa Luthfee, Mohamed Zaki, Ahmed Ibrahim 
Didi, and Fathimath Nisreen were arrested for circulating an Internet 
e-mail magazine, Sandhaanu, critical of the Government. The four were 
held in solitary confinement until their trial in 2002. Luthfee, Zaki, 
and Didi were sentenced to life imprisonment for spreading false news 
and calling for the overthrow of the Government, among other charges. 
AI also considered Nisreen, the one woman arrested, a political 
prisoner. She was sentenced to 10 years' imprisonment for charges 
including calling for the overthrow of the Government and assisting 
Sandhaanu originators. In May 2003, Luthfee escaped from NSS custody 
while receiving medical care in Sri Lanka, and was still at large. The 
Government maintained that these prisoners were convicted of crimes not 
related to politics.
    Opposition groups claimed that the majority of persons detained 
(and not charged) after the August 12-13 unrest were being held because 
of their political views (see Section 1.c.). According to the Attorney 
General, at year's end, one person remained in detention.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits security officials from 
opening or reading wireless messages, letters, telegrams, or monitoring 
telephone conversations, ``except as expressly provided by law''; 
however, the Government restricted privacy rights on occasion. After 
the August 12 to 13 unrest, the Government's telecommunications 
authority blocked mobile telephone text messages and Internet access 
for regular Internet users for 3 days (see section 2.a.). 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.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law does not provide for 
freedom of speech or of the press, and the Government generally did not 
respect such rights in practice. The Penal Code prohibits inciting 
citizens against the Government. The law prohibits public statements 
that are contrary to government policy and Islam, threaten the public 
order, or are libelous. However, an amendment to the Penal Code 
decriminalizes ``true account(s)'' by journalists of governmental 
actions. Journalists and publishers practiced self-censorship.
    Regulations that make publications responsible for the content of 
the material they publish remain in effect, but no legal actions 
against publications were initiated during the year.
    The Press Council is composed of lawyers, private and government 
media representatives, and other government officials. The mandate of 
the council is to review 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. The Council did not take notable action 
during the year.
    Almost 200 newspapers and periodicals were registered with the 
Government, but only 3 dailies, each owned by a current or former 
government minister, were published on a regular basis: Aafathis, 
Haveeru and Miadhu. In March 2003, the Government announced the 
withdrawal of 22 publication licenses for irregular publication. No 
regularly published newspaper or periodical was affected by this 
action.
    The Government or its sympathizers 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.
    In general, after an easing of restrictions in the late 1990s, the 
Government has taken a more stringent attitude toward freedom of the 
media. For example, in 2002, three men and a woman were arrested for 
circulating an Internet e-mail magazine critical of the Government (see 
Section 1.e.).
    There were no legal prohibitions on the import of foreign 
publications except for those containing pornography or material 
otherwise deemed objectionable to Islamic values.
    The Government generally did not interfere with the use of the 
Internet; however, it blocked sites deemed pornographic and blocked all 
Internet access for 3 days following the August 12 to 13 agitation (see 
Section 1.f.).
    The law prohibits public statements contrary to government policy 
and the Government's interpretation of Islam. Therefore, although there 
were no reported cases of transgressions of these laws in the academic 
arena, the laws constrain academic freedom to the extent that academics 
practiced self-censorship.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government imposed 
limits on this right in practice. Informal restrictions on public 
assembly were relaxed following the President's June 9 speech. Numerous 
impromptu ``town hall"-type meetings occurred following the speech, in 
which different proposed reforms were debated.
    On February 13, the Government arrested approximately eight persons 
for planning a demonstration of an unregistered political party (see 
Section 1.d.).
    On August 12 to 13, approximately 5,000 persons demonstrated 
outside the NSS headquarters in Male to demand the release of political 
prisoners and call for democratic reform. After the crowd allegedly 
became unruly, the NSS used tear gas to disperse the demonstrators. The 
Government arrested approximately 180 persons, including 12 members of 
the Special Majlis, 2 of whom are also members of the People's Majlis. 
On August 13, the Government declared a state of emergency, which 
suspended constitutional rights for detainees and imposed a curfew (see 
Section 1.c.). On October 10, the Government lifted the state of 
emergency but continued to detain a number of suspects, including the 
12 Special Majlis M.P.s. By November, all but 25 of the detainees had 
either been released or transferred to house arrest. On December 5, the 
Government charged four Special Majlis Members with sedition in 
connection with the events of August 12 to 13. By December 14, all but 
one of the Special Majlis M.P.s had been released from house arrest. On 
December 31, the Government dropped the charges against the four M.P.s 
and released the last M.P. from house arrest.
    In September 2003, the NSS reportedly used tear gas to quell 
demonstrations that damaged several government buildings in Male, 
including the election office (see Section 1.c.). There were reports 
that several civilians sustained minor injuries as a result of the 
police action.
    The Constitution provides for freedom of association; however, the 
Government imposed limits on freedom of association in practice. The 
Government registers clubs and other private associations if they do 
not contravene Islamic or civil law. While not prohibited by law, the 
President officially discouraged political parties on the grounds that 
they were inappropriate to the homogenous nature of society; however, 
in a speech on June 9, the President announced proposals for 
constitutional reform allowing for the existence of political parties. 
By year's end, no reforms were enacted.
    Although not prohibited, there were no independent local human 
rights groups. In December 2003, the Government formed the nine-member 
MHRC, and the Commission subsequently met more than 50 times. During 
the year, the MHRC issued public reports on the 2003 Maafushi prison 
uprising (see Section 1.c.).

    c. Freedom of Religion.--The Constitution does not provide for 
freedom of religion, and freedom of religion was restricted 
significantly. The Constitution designates the Sunni branch of Islam as 
the official state religion, and the Government interpreted this 
provision to impose a requirement that citizens be Muslims. The law 
prohibits the practice of any religion other than Islam. The Government 
observes Shari'a. 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. Foreign residents were allowed to practice 
their religion if they did so privately and did not encourage citizens 
to participate. President Gayoom repeatedly stated that no other 
religion should be allowed in the country, and the Home Affairs 
Ministry 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 prohibited the import of icons and religious statues, 
but it generally permitted the import 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 is a 
violation of the Government's interpretation of Shari'a and may result 
in punishment, including the loss of the convert's citizenship; 
however, there were no known cases of loss of citizenship from 
conversion to a non-Islamic religion. In the past, would-be converts 
have been detained and counseled regarding their conversion from Islam. 
Unlike previous years, there were no reports of foreigners detained for 
proselytizing.
    Islamic instruction is a mandatory part of the school curriculum, 
and the Government funded the salaries of religious instructors. The 
Government has established a Supreme Council of Islamic Affairs to 
provide guidance on religious matters. The Government also set 
standards for individuals who conduct Friday services at mosques.
    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 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights, and 
the Government generally respected them in practice. Citizens are free 
to travel at home and abroad, to emigrate, and to return. Foreign 
workers often were housed at their worksites. Unlike in previous years, 
their ability to travel freely was not restricted.
    The law allows for forced exile, and the Government used forced 
exile in practice. In June, the Criminal Court sentenced Mohamed Aswan, 
second in command of the Maafushi Prison security unit, to 6 months' 
banishment to a remote island for disobeying government orders in the 
September 2003 confrontation at the prison (see Sections 1.d. and 
2.d.).
    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, and the Government has not 
established a system for providing protection to refugees or asylees. 
The Government has cooperated in the past with the office of the U.N. 
High Commissioner for Refugees; however, asylum issues did not arise 
during the year. The Government provided protection against 
refoulement, the return of persons to a country where they feared 
persecution. The Government did not routinely grant refugee status or 
asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Under the Constitution, the citizens' ability to change their 
government is limited and the strong executive exerted significant 
influence over both the legislature and the judiciary. Under the 
Constitution, the People's 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 are 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 four candidates, President Gayoom was nominated unanimously by the 
People's Majlis and was confirmed by referendum in October 2003 for a 
sixth 5-year term. Observers from the South Asian Association for 
Regional Cooperation (SAARC) said the referendum was conducted in a 
free and fair manner.
    By both law and custom, the Office of the President is the most 
powerful political institution in the country. The Constitution gives 
Shari'a preeminence over civil law and designates the President as the 
``supreme authority to propagate the tenets'' of Islam.
    Unlike in previous years, the President was not the Commander in 
Chief of the armed forces, the Minister of Defense and National 
Security, and the Minister of Finance and Treasury. The President 
remained the Governor of the Maldivian Monetary Authority. The 
President's authority to appoint 8 of the 50 members of the People's 
Majlis provided the President strong political leverage. The elected 
members of the People's Majlis, who must be Muslims, serve 5-year 
terms. All citizens over 21 years of age may vote. Individuals or 
groups were free to approach members of the People's 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.).
    Elections to the People's Majlis were held in 1999. According to 
SAARC observers, the 1999 elections were ``free and fair in accordance 
with the relevant laws and regulations of the Republic of the 
Maldives.'' A by-election with 38 percent participation was held in 
April 2002 following the expulsion of M.P. Mohammed Nasheed from the 
People's Majlis upon his conviction for petty theft. According to 
observers, the election was generally free and fair. Elections for the 
People's Majlis, originally scheduled for December 31, were postponed 
following the December 26 tsunami. Critics of the Government claimed 
that some candidates, who remained under house arrest, were unable to 
file applications to contest the elections by the November 15 deadline; 
however, at least one candidate who was in detention at the filing 
deadline was able to file an application and conduct a campaign.
    For the past several years, the People's Majlis has held a question 
period during which members may query government ministers about public 
policy. Debate on the floor since the question period was instituted 
has become increasingly open. In March and April, there was significant 
debate about legislation regarding the MHRC (see Section 4).
    On May 28, elections were held for the members of the People's 
Special Majlis, a constitutional body convened by the President to 
address constitutional reforms. The Special Majlis, consisting of the 
50 members of the regular People's Majlis and 50 members elected or 
appointed specifically for this reform process, met several times 
during the year, albeit without the presence of members held in 
detention. The Special Majlis was temporarily suspended in July after 
some M.P.s walked out in protest at procedures adopted to elect the 
Speaker. The sessions resumed on October 12, and a Speaker was elected 
by open ballot on October 14.
    Although research about corruption in the executive and legislative 
branches was limited, some sources cited anecdotal reports that the 
power of the President and his family directed most decisions, 
including economic activities and political reform. There is an anti-
corruption board that investigates allegations of corruption in the 
Government.
    There are no laws that provided for access to government 
information.
    There were 5 women in the 50-member People's Majlis and 6 in the 
50-member Special Majlis. There were two women in the Cabinet. Women 
are not eligible to become president but may hold other government 
posts. In 2002, a woman was named High Commissioner to Sri Lanka, the 
first woman to hold the office.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Although not prohibited, no independent local human rights groups 
existed in the country.
    Some international human rights groups were not allowed in the 
country; however, on September 4, the President told international 
media that AI could enter the country to assess prison conditions. AI 
visited the country in October but did not issue a report at year's 
end. In October, representatives from the National Democratic Institute 
for International Affairs (NDI) visited the country at the invitation 
of the Government. In December, the NDI mission made a number of 
recommendations to the Government; however, at year's end no action was 
taken on the recommendations.
    In December 2003, the President created the MHRC (see Sections 2.d 
and 3). During the year, the People's Majlis did not pass legislation 
to define the Commission's mandate, composition, or independence; 
however, after visiting some of the detainees held at two detention 
centers, the MHRC recommended to the Government that it improve prison 
and detention center conditions, including the provision of access to 
medical care at all times and the assignment of female guards to guard 
female detainees. During the year, the ICRC signed an agreement with 
the Government to monitor prisons, but did not conduct prison visits 
during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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. There were no reports 
of official or societal discrimination against persons with HIV/AIDS.

    Women.--Both non-governmental and government sources agreed that 
domestic violence and other forms of violence against women were not 
widespread; however, there were no firm data on the extent of violence 
against women. 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 for rape 
is flogging, imprisonment for up to 5 years, or banishment.
    Although women traditionally have played a subordinate role in 
society, they participated in public life in growing numbers. Women 
constituted 39 percent of government employees. The literacy rate for 
women was 98 percent. A Gender Equality Council advised the Government 
on policies to help strengthen the role of women. The minimum age of 
marriage for women is 18 years, but earlier marriage is common.
    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 is equal to one-half of that of a 
man in matters involving adultery, finance, and inheritance (see 
Section 1.e.). Women who worked for wages received pay equal to that of 
men in the same positions.

    Children.--Education is not compulsory, but there is universal 
access to free primary education. The percentage of school-age children 
in school in 2002 was: (grades 1 to 5) 99 percent; (grades 6 to 7) 95 
percent; and (grades 8 to 10) 51 percent. Of the students enrolled, 49 
percent were female, and 51 percent were male. In many instances, 
education for girls was curtailed after the seventh grade, largely 
because parents did not allow girls to leave their home island for an 
island having a secondary school.
    Children's rights are incorporated into law, which specifically 
protects them from both physical and psychological abuse, including at 
the hands of teachers or parents. The Ministry of Gender, Family 
Development and Social Security has the authority to enforce this law 
and 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 up to 3 years' 
imprisonment to banishment. It was not known if there were any 
prosecutions for child abuse or child sexual abuse during the year.
    Government policy provided for equal access to educational and 
health programs for both male and female children.
    Child labor remained a problem, primarily in agriculture, fishing, 
and small commercial activities, including in family enterprises. There 
were no reports of children being employed in the industrial sector 
(see Section 6.d.).

    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.

    Persons With Disabilities.--No law specifically addresses the 
rights of persons with physical or mental disabilities. A 2003 
government census cited 4,728 persons with disabilities; however, local 
NGOS claimed there were thousands more with disabilities, due to high 
levels of malnutrition during pregnancy. The Government has established 
programs and provided services for persons with disabilities, including 
special educational programs for hearing and visually disabled persons. 
Students with physical disabilities were integrated into mainstream 
educational programs. Families usually cared for persons with 
disabilities. When family care was unavailable, persons with 
disabilities lived in the Ministry of Gender, Family Development and 
Social Security-run Institute for Needy People, which also assisted 
elderly persons. When requested, the Government provided free 
medication for all persons with mental disabilities in the islands, but 
follow-up care was infrequent.
Section 6. Worker Rights
    a. The Right of Association.--While the law does not expressly 
prohibit unions, it recognizes neither a worker's right to form or join 
them nor the right to strike. Associations (such as industry 
associations and clubs) are allowed. In May 2003, the Government 
enacted a new law to strengthen the legal regime governing voluntary, 
not-for-profit associations. Small groups of similarly employed workers 
with mutual interests have formed associations, some of which include 
employers as well as employees. These associations have not acted as 
trade unions.

    b. The Right to Organize and Bargain Collectively.--The law does 
not recognize 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 Compulsory Labor.--The law does not 
prohibit forced or compulsory labor, including by children, and there 
were no reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law bars children less than 14 years of age from paid or hazardous 
work. Government introduced guidelines prohibit employment of children 
under 18 by the Government and in hazardous jobs such as construction, 
carpentry, welding, and driving.
    According to the International Confederation of Free Trade Unions, 
child labor remained a problem, primarily in agriculture, fishing, and 
small commercial activities, including in family enterprises. There 
were no reports of children being employed in the industrial sector. 
The working hours of children 14 years or older were not limited 
specifically by statute. A Unit for Children's Rights in the Ministry 
of Gender, Family Development and Social Security is responsible for 
monitoring compliance with the child labor regulations, but it is not 
charged with their enforcement. The Ministry of Employment and Labor's 
Employment Relations and Compliance Unit deals with child labor 
problems.

    e. Acceptable Conditions of Work.--There was no national minimum 
wage for the private sector, although the Government has established 
wage floors for government employment. These wage floors provided a 
decent standard of living for a worker and family. Given the severe 
shortage of labor, employers offered competitive pay and conditions to 
attract skilled workers.
    There are no statutory provisions for hours of work, but the 
regulations require that a work contract specify the normal work and 
overtime hours on a weekly or monthly basis. The public sector provides 
a 7-hour day and a 5-day workweek.
    There are no national laws governing health and safety conditions. 
There are regulatory requirements in certain industries such as 
construction and transport that employers provide a safe working 
environment and ensure the observance of safety measures. It was 
unclear whether workers could remove themselves from unsafe working 
conditions without risking the loss of their jobs. The Ministry of 
Employment and Labor's Employment Relations and Compliance Unit 
resolves wage and labor disputes, visits worksites, and enforces labor 
regulations.

                               __________

                                 NEPAL

    Nepal is a constitutional monarchy with a parliamentary form of 
government. A Maoist insurgency, punctuated by ceasefires in 2001 and 
2003, has been ongoing since 1996. King Gyanendra assumed the throne in 
2001. The democratically elected parliament consists of the House of 
Representatives (lower house) and the National Assembly (upper house). 
International observers considered the 1999 parliamentary elections to 
be generally free and fair. The then-Prime Minister dissolved the 
parliament in 2002, and the term of parliament subsequently expired. 
The ongoing insurgency subsequently prevented new elections. On June 2, 
the King reinstated Sher Bahadur Deuba as Prime Minister. The 
Constitution provides for an independent judiciary; however, the courts 
often were inefficient and susceptible to political pressure and 
corruption.
    The Royal Nepalese Army (RNA) continued to exercise responsibility 
for security in the country under an operational structure referred to 
as the ``unified command,'' which included elements of the Nepal Police 
and the Armed Police Force (APF). Local Chief District Officers (CDOs), 
civil servants in the Home Ministry, have wide discretion in 
maintaining law and order. While the King, as Army Supreme Commander, 
maintained ultimate control of the Royal Nepalese Army, there is no 
evidence that he exercised direct operational control of the Army. 
Civilian authorities maintained effective control of the National 
Police and Armed Police Force. Members of the security forces committed 
numerous, serious human rights abuses.
    The country is extremely poor, with an annual per capita GDP of 
approximately $276 (20,474 Nrs) and a 3.7 percent growth rate during 
the year. Subsistence agriculture supported more than 80 percent of the 
country's 24.1 million population. Wages and benefits did not keep pace 
with inflation. The mixed economy suffered due to slow growth in the 
world economy and the insurgency, which resulted in a decline in 
revenues from tourism and from exports of textiles and carpets.
    The Government's human rights record remained poor, and it 
continued to commit numerous serious abuses. The citizens' right to 
change the Government was provided for by the Constitution; however, 
the ongoing insurgency has prevented the holding of elections. Since 
the dismissal of the elected government in 2002, the King has appointed 
three interim governments, but parliament has not been reestablished. 
The security forces used arbitrary and unlawful lethal force and 
continued to abuse detainees, sometimes using torture as punishment or 
to extract confessions. The disappearance of persons in custody was a 
serious problem. Prison conditions remained poor. Impunity remained a 
problem, although the military investigated some claims of abuses and 
found several soldiers guilty under court martial. The National Human 
Rights Commission (NHRC) investigated allegations of human rights 
violations and, while the Government has begun to pay compensation to 
some victims, recommended disciplinary action against police seldom 
occurred. Arbitrary arrest and lengthy pretrial detention were 
problems. Judicial susceptibility to political pressure, fear of 
retribution, corruption, and long delays in trial procedures remained 
problems. Media criticism of the Government was allowed, so long as it 
did not aid terrorism or directly criticize the King. The Government 
restricted public celebrations by the Tibetan community. The 
Constitution imposes restrictions on religious proselytizing. 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. 
Worker rights continued to be restricted.
    During the year, Maoists continued their campaign of torturing, 
killing, bombing, forcibly conscripting children, extorting, forcing 
closures of schools and businesses, and committing other serious and 
gross human rights abuses. Maoist impunity remained a significant 
problem. During the year, an estimated 2,380 persons were killed in 
insurgency-related violence, including 156 members of the national 
police; 240 members of the Royal Nepalese Army; 53 members of the Armed 
Police Force; 1,457 Maoists; and 474 civilians, including 12 government 
officials. Maoist actions limited press freedom and the right of 
assembly, negatively impacted religious communities, prevented free 
movement, limited citizens' ability to change their government, and 
prevented hundreds of thousands of children from receiving education. 
Since the beginning of the insurgency, the Maoists have not credibly 
investigated any human rights abuses committed by their forces, despite 
their claims to respect and uphold international conventions on 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.--There were no 
politically motivated killings by the Government or its agents; 
however, the security forces continued to commit arbitrary and unlawful 
killings. 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. According 
to statistics from the press and human rights groups, security forces 
killed 1,354 suspected Maoists during the year. Observers argued that 
security forces frequently broke their own rules of engagement by 
shooting at unarmed fleeing suspects. For example, on May 16, Rajendra 
Paneru was shot and killed while trying to escape security forces in 
Gorkha. On March 17, security personnel shot and killed mentally 
handicapped Ganesh Syangtang of Hetauda when he attempted to flee. The 
District CDO agreed to investigate the latter case, but there were no 
developments at year's end.
    RNA soldiers were responsible for a number of killings, including 
deaths in custody in which torture was credibly alleged (see on 1.c.). 
During the year, the RNA's human rights investigative cell conducted 9 
new investigations. In most cases of arbitrary or unlawful killings, 
the security forces claimed that the victims were Maoists.
    On January 11, members of a joint RNA/APF patrol in Manpur Tapara, 
Bardia District, killed father and son Bhoj Bahadur Karki and Top 
Bahadur Karki. A subsequent investigation by the RNA determined that a 
soldier of the Joint Security Patrolling Group had acted unlawfully. 
The soldier was sentenced to 7 years' imprisonment under general court 
martial. An Armed Police Force officer also was demoted in rank as a 
result of the incident.
    During a raid in Ward 4 Handikhola VDC in Makwanpur District on 
February 5, 14 Maoists and 2 civilians (a 31-year-old man and an 80-
year-old woman) were killed. Locals accused the RNA soldiers of 
capturing and then executing two of the Maoists, and of using excessive 
force against the local population. An investigation was ongoing at 
year's end.
    On February 12 and 13, in Pokharichauri, Kavre District, RNA 
soldiers killed 17-year-old Subhadra Chaulagain and 18-year-old Reena 
Rasaili while they reportedly were attempting to flee custody. It was 
alleged that the girls, accused by the RNA of being Maoists, were 
captured, beaten, and raped. On February 17, RNA soldiers took Maina 
Sunuwar from her home in Kavrethok, Kavre District, and presumably 
killed her. An RNA investigation into these cases was ongoing at year's 
end.
    According to Human Rights Watch, in mid-February in Raghunathpur of 
Rautahat District, Kishori Patel Kurmi and Suresh Raut Patel were 
summarily executed after being wounded by a group of soldiers who, 
according to locals, were dressed as Maoists. Villagers protested the 
killings in the district headquarters and compensation was promised. No 
action was taken by year's end.
    The RNA reopened the investigation into the 2003 killing of at 
least 19 Maoists in the Ramechhap District. In March, an RNA commander 
was charged with two counts of ``failing to protect detainees leading 
to violation of their human rights, and misreporting to army 
headquarters.'' While the preliminary RNA report had denied any 
extrajudicial killings, the latest RNA report revealed that ``some of 
the unarmed rebels were killed after their capture even as a few of 
them were killed in separate encounters at different areas in Ramechhap 
district.'' On March 11, the RNA announced that the RNA major in 
command of the company in question would face a court-martial.
    The RNA was investigating the October 2003 death of Govinda Poudel, 
a Maoist suspect who died in the hospital after allegedly being 
tortured in custody.
    During the year, an RNA court martial prosecuted soldiers accused 
of involvement in the death of Maya Devi Tamang in December 2003. One 
soldier was sentenced to 18 months imprisonment and discharged from 
service; one soldier was given an official warning; one soldier was 
demoted; and the officer in charge was suspended from the opportunity 
for promotion for 13 months. The RNA has recommended to the Government 
that the family of the victim be compensated.
    A corporal and a warrant officer were discharged from the army and 
sentenced to two years in jail for the 2003 killings of Hari Prasad 
Bhattarai, Durga Koirala, and Dakmani Koirala. The RNA also discharged 
the officer in charge of the unit from service.
    There were no developments in the 2003 killings of Raj Dev Yadav 
and Brahma Dev Yadav.
    In 2003, the Government agreed to provide compensation to a number 
of victims' families for wrongful killings. For example, the Government 
paid Devi Lal Poudel's parents approximately $6,700 (500,000 Nrs) as 
compensation for the police killing in April 2003 of Poudel, a student 
participating in a violent protest in Rupandehi District against 
petroleum price hikes.
    In September 2003, a judge in Kathmandu District Court ordered the 
Government to pay approximately $1,340 (100,000 Nrs) to the family of 
Ganesh Kukmar Rai. Despite the court order, the Government had not paid 
the compensation at year's end.
    In October 2003, soldiers opened fire at a secondary school in 
Mudhbara, Doti District, where armed Maoists were forcing students and 
teachers to attend a cultural program. Soldiers killed one Maoist and 
four students. An RNA investigation exonerated the soldiers involved of 
wrongdoing, but recommended that the victims' families be paid $2,680 
(200,000 Nrs) each. No action had been taken at year's end.
    In November 2003, a taxi accidentally hit an RNA school bus in 
Kathmandu. A soldier on the bus, thinking the bus was under attack, 
shot and killed Rajiv Shrestha, the taxi driver. Following an 
investigation and court martial, the soldier was convicted of using 
excessive force and charged with 4 months' imprisonment and discharged 
from service. The RNA court of inquiry recommended to the Home Ministry 
that compensation be provided to Shrestha's family. The Government paid 
$2,680 (200,000 Nrs) in compensation.
    In December 2003, police shot and killed Suresh Baral in Pokhara, 
Kaski District, as he approached a checkpoint on motorcycle at night. 
The Government paid Baral's family $1,340 (100,000 Nrs) as compensation 
for his death.
    There were no developments in the 2002 killings of Ajabwal Yadav, 
Sakur Manihar, Krishna Sen, or Ram Hari Khadga.
    There were numerous killings by unknown actors. For example, 
Communist Party of Nepal--United Marxist Leninist Party parliamentarian 
Hem Narayan Yadav from Siraha was killed on February 2 in Danusha 
District. Yadav's body was found covered by a Maoist flag with Maoist 
materials nearby. Several investigations into Yadav's death pointed to 
the RNA, although the RNA denied involvement.
    Maoist rebels clashed with security forces repeatedly during the 
year and engaged in targeted killing of individual members of the 
security forces, government officials, and civilians. For example, on 
July 30, the rebels abducted, tortured, and killed an unarmed RNA 
soldier in Kaski District. On August 4, rebels shot and killed a police 
officer in Jhapa District after abducting him several days earlier. On 
August 6, the rebels abducted and then killed an RNA soldier in 
Dhankuta District. On August 9, the Maoists also killed two security 
personnel after abducting them in Kapilbastu District.
    The Maoists continued to kill and torture politicians, civilians, 
and journalists. The insurgents killed 409 civilians during the year. 
For example, on January 15, Maoists killed the Mayor of Birgunj (and 
journalist) Gopal Giri; on July 2, Maoists killed the Mayor of Pokhara, 
Harka Bahadur Gurung; and on July 12, they killed the Mayor of 
Dhangadhi Municipality, Dhan Bahadur Bam. Similarly, on August 3, the 
Maoists abducted the former mayor of Bardiya District from his 
relative's funeral procession, cut off his limbs and head, and threw 
his body on the burning pyre.
    On July 19, the Maoists killed a wheelchair-bound man in Morang 
district. On July 31, the Maoists beat to death a teacher in the mid-
western district of Dailekh. The Maoists abducted Til Bahadur Limbu on 
August 12 and killed him on August 18. Limbu was a Nepal Red Cross 
volunteer and had previously served as the Mahamai Village Development 
Committee Chairman.
    On February 15, Maoists killed Ganesh Chiluwal, Head of the Maoist 
Victims Association, a local NGO representing survivors of Maoist 
terror, at the offices of his association in Kathmandu.
    On August 11, the Maoists killed Dekendra Raj Thapa, a reporter for 
the state-owned Radio Nepal and also an advisor to the Human Rights and 
Peace Society (HURPES), a local human rights nongovernmental 
organization (NGO), in the mid-western district of Dailekh. Maoists 
killed him after detaining him for more than a month for allegedly 
spying for the security forces.
    On September 1, a mob enraged by the death of 12 citizen workers in 
Iraq at the hands of Iraqi militants attacked manpower agencies, 
mosques, Middle Eastern airline companies, and press houses in several 
cities in the country (see Section 2.c.). Significant property damage 
occurred and seven persons lost their lives in the violence. In 
response to the mob actions, the Government imposed a curfew for 
several days. Most observers were critical of the slow speed with which 
the Government responded to the violence. Police arrested more than 50 
persons for participating in the riots.

    b. Disappearance.--The disappearance of persons while in the 
custody of security forces was a significant problem. The 2002 
Terrorist and Destructive Activities Act (TADA), which codified some 
aspects of the Royal Ordinance declared during the state of emergency 
in 2001, authorized extended preventative detention. In some cases, 
individuals disappeared, and their whereabouts remained unknown until 
much later when the Government acknowledged the individuals were 
detained under the TADA. According to the Informal Sector Service 
Center (INSEC), a local human rights NGO, since the beginning of the 
insurgency in 1996, there have been 17,963 cases of disappearances, 
1,354 by the state and 16,609 by the insurgents. There have been no 
prosecutions of government officials or Maoists for their involvement 
in disappearances. Since the 1997 establishment of the NHRC, the 
Commission has registered 1,340 cases of disappearance. On July 1, the 
Government formed a five-member committee (including a Joint Secretary 
at the Home Ministry, a Deputy Inspector General of Police, a Deputy 
Inspector General of the Armed Police Force, and a Deputy Chief Officer 
of the National Investigation Department) to investigate disappearance 
claims. On August 11, the committee announced it had looked into 36 
disappearance cases and had identified the location of 24 of the 36 
missing. In response to public complaints that the panel's efforts were 
insufficient, the Government extended the tenure of the committee. By 
the end of the year, the committee had identified the location of 320 
missing individuals. The Government subsequently extended the tenure of 
the committee into 2005.
    On September 17, the Government opened a detention facility at 
Sundarijal in the Kathmandu Valley to house detained suspected Maoists 
while they were being interrogated. Family members, lawyers, and human 
rights groups were given access to the facility, but access was limited 
and in some instances, denied.
    According to the NHRC, more than 1,200 persons remained disappeared 
since the beginning of the insurgency. INSEC reports that the 
whereabouts of 177 persons in government custody since the beginning of 
the insurgency remained unknown at year's end. On May 9, security 
forces in Balaju, Kathmandu, arrested Hari Krishna Adhikari, the 
headmaster of Puspa Lal Memorial Primary School in Nuwakot; his 
whereabouts remained unknown.
    Som Bahadur Ghale Tamang, General Secretary of the Tamang 
Indigenous People's Organization, and Bishnu Prasad Gyawali, who had 
been arrested in 2002, were subsequently released later that year.
    The disappearance of persons at the hands of the Maoists was a 
significant problem. INSEC reported that Maoists abducted 665 persons 
during the year and that 384 civilians remained missing since the 
beginning of the insurgency. At year's end, 12 members of the national 
police, 13 members of the APF, and 6 soldiers remained missing after 
being abducted by Maoists. Police statistics indicated that Maoists 
have abducted 420 policemen since 1996; 382 were later released, 29 
were killed and 12 remained missing.
    During the year, Maoists significantly expanded a campaign of 
abducting civilians, primarily students and teachers, for 
indoctrination programs and forced paramilitary training. In January 
and February, approximately 700 children were abducted. Additionally, 
Maoist-enforced education closures in the western part of the country 
affected more than 700,000 students and 51,000 employees from 5,000 
private and public schools, according to the Western Regional 
Coordination Committee of the Private and Boarding Schools Organization 
Nepal.
    In December, Maoists kidnapped Jhapa district court judge Tanka 
Bahadur Moktan, who was subsequently released after 3 days.

    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. The Center for the Victims of Torture (CVICT) reported 
that blindfolding and beating soles of feet were the most common 
methods. Detainees were often 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 those involved.
    Members of the security forces often were unwilling to investigate 
and to discipline fellow officers, and persons were afraid to bring 
cases against police or army for fear of reprisals. The Government 
provided human rights education for police, and soldiers received human 
rights education as part of their regular training.
    The Constitution and the Torture Compensation Act provide for 
compensation for victims of torture, and during the year, three victims 
were awarded compensation. According to CVICT, 5 persons filed for 
compensation under the act during the year, compared with 57 claims in 
2003 and 7 claims during 2002. CVICT attributed the rise in claims in 
2003 to victims' greater willingness to report such incidents during 
the ceasefire.
    A human rights group reported that on June 18 security forces 
tortured Subid Guragain, Editor of Rajdhani Daily and Vice President of 
Nepal Journalist Union Sunsari Branch, in front of the Inurwa District 
Police Office. Thereafter, he was brought to the unified command 
barracks in Inurwa and was abused and beaten by soldiers. After a rally 
organized by the Federation of Nepalese Journalists, the RNA publicly 
apologized for the mistreatment.
    In April, six police officers physically abused two Tibetan refugee 
girls in Lukla (the girls were traveling with 53 other refugees). The 
girls were beaten with a stick, told to open their clothes, and groped. 
The refugees were also robbed of $1,300 (96,200 Nrs) and other 
valuables. According to an APF investigation, civilian police carried 
out the abuse, and APF informed civilian police authorities. No further 
information on this case was available by year's end.
    On November 10, six RNA soldiers allegedly raped a 16-year-old girl 
in Sunsari District, and reportedly threatened her life if she reported 
the crime. The RNA turned the six soldiers over to the civilian 
district court in Inarwa on December 31 after the soldiers reportedly 
admitted their involvement to the police investigating the case.
    At year's end, the court case against two former APF police 
officers charged in December 2003 rape of a 16-year-old girl in 
Baijapur, Banke District was still underway.
    According to CVICT, in October 2003, the Sunsari District Court 
awarded Ram Bahadur B.K. approximately $135 (10,000 Nrs) in his 2002 
torture case. The Sunsari District Court, and subsequently the 
Biratnagar Appellate Court, in December 2003 ruled that Krishna Lohani 
B.K. was not entitled to compensation in her 2002 torture case. There 
was no new information available concerning Chetkana Adhikary's 2002 
torture complaint filed with the Alliance for Human Rights and Social 
Justice.
    There were no updates by year's end in the 2003 torture cases of 
Manoj Lama, Abdesh Singh, and Kumar Lama, who had been held 
incommunicado and tortured at the Hanumandhoka District Police Office 
in Kathmandu. There were also no updates in the cases of suspected 
criminals Deepak Laya Magar, Ram Kumar Karki, and Jairam Bhandari, who 
were subjected to torture at the same facility.
    On April 18, Maoists abducted a 65-year-old woman in Nuwakot 
District, accusing her of being a spy for security forces. The rebels 
bombed her house before leaving, completely destroying it, but released 
her 5 days later.
    On June 22, Maoists hammered the legs of eight Dalits (formerly 
known as untouchables in the caste system) in the far-western district 
of Achham. Locals were warned by the Maoists not to provide any medical 
assistance to the Dalits.
    Maoists used torture as a means to prevent peaceful political 
protests against their party. For example, on November 29, Maoists 
attacked a number of People's Front Nepal (PFN) party workers in 
Baglung District, in one case drilling holes into the legs and hands of 
the PFN Vice Chairman's wife Rupa Thapa with a hand-drill. On December 
3, the Maoists drilled holes in the feet and broke both legs of PFN 
party worker Bhabilal Chantyal of Damek, Baglung.
    Maoist insurgents used landmines that killed and injured security 
forces and civilians (see Section 1.g.).
    Prison conditions were poor and did not meet international 
standards. Overcrowding was common. According to the Department of 
Prisons, of the 6,393 persons in jail, 3,024 had been convicted of a 
crime and 3,369 were awaiting trial. Women normally were incarcerated 
separately from men, and in similar conditions.
    Due to a lack of adequate juvenile detention facilities, children 
sometimes were incarcerated with adults as criminal offenders or 
allowed to remain in jails with their incarcerated parents for lack of 
other available options (see Section 4). 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, but this has not completely ended 
the practice of incarcerating children with adults.
    The Government permitted local human rights groups and the 
International Committee of the Red Cross (ICRC) to visit prisons. In 
some cases, the Government asked NGOs to visit prisons to provide 
health and counseling services. The ICRC had inconsistent access to 
detainees in army custody.

    d. Arbitrary Arrest or Detention.--The Constitution stipulates that 
the authorities must arraign or release a suspect within 24 hours of 
arrest; however, 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 security forces occasionally held prisoners longer. 
In some cases, the Supreme Court ordered the release of detainees held 
longer than 24 hours without a court appearance. Some foreigners, 
including refugees, reported difficulty in obtaining bail.
    Detainees not held under special antiterrorist legislation 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 granted access to prisoners on a basis that varied from prison 
to prison; however, Maoist suspects often were denied visits from 
family members and lawyers. There is 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. Human rights groups alleged that arrest 
without a warrant, prolonged detention without trial, and police 
torture were especially evident in heavily Maoist-affected areas.
    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 security forces 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. This act was commonly applied in cases involving suspected 
Maoists because of the limited number of appellate courts available 
that process TADA charges and the difficulty in transporting detainees 
to these courts. Human rights groups alleged that the security forces 
have used arbitrary arrest and detention during the ``People's War'' to 
intimidate communities considered sympathetic to the Maoists.
    Between April and June, observers estimated that over 1,000 
political protestors, including political leaders, were arrested under 
the Public Security Act after the Kathmandu District Administration 
prohibited public gatherings. Most were released within 24 hours of 
their arrest.
    Under the TADA, suspects must appear before a court within 60 days 
of their arrest. On October 13, the TADA was renewed and amended to 
extend the maximum period of preventive detention from 90 days to 360 
days. According to police statistics, 21,470 suspected Maoists have 
been arrested since the beginning of the insurgency (some may have been 
repeat arrests). Of that number, 13,867 were released after 
investigation, 7,176 were charged or prosecuted, and 424 remained under 
investigation. Government sources estimated that approximately 1,800 
Maoist suspects, including 5 Central Committee members, were released 
without judicial process during the 2003 ceasefire. There were no 
recorded cases of prosecutors bringing Maoist suspects to trial during 
the year. During 2003, at least 24 cases involving Maoist suspects were 
sent to trial in Appellate Courts, which share jurisdiction in 
terrorist cases with Special Tribunals. All of the trials were still 
ongoing at year's end. Figures for the number of persons being detained 
by the Army on suspicion of being Maoists were unavailable by year's 
end.
    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. Many citizens involved in 
public disturbances, rioting, and vandalism were summarily arrested, 
detained for short periods (sometimes a few hours), and released.
    Authorities detained journalists on occasion, on suspicion of 
having ties to or sympathy for the Maoists (see Section 2.a.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, courts remained vulnerable to political 
pressure, and bribery of judges and court staff was endemic. The 
Supreme Court has the right to review the constitutionality of 
legislation passed by parliament.
    Appellate and district courts have become increasingly independent, 
although sometimes they remained susceptible to political pressures. 
For example, 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.
    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 is responsible for the 
assignment of judges, disciplinary action, and other administrative 
matters. Judges decide cases; there is no jury system. A Special Court 
hears cases related to narcotics trafficking, trafficking in women and 
girls, crimes against the state, corruption, and crimes related to 
foreign currency. The Appellate Courts hear cases against suspects 
charged with violations under the TADA.
    Delays in the administration of justice were a severe problem. 
According to the latest statistics, the Supreme Court had a backlog of 
17,781 cases; the Appellate Courts had 10,031; and district courts had 
27,578. By year's end, at least 24 suspected Maoists arrested under 
special antiterrorism laws awaited trial in the Appellate Courts.
    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. These rights were not equally applied. 
All lower court decisions, including acquittals, are subject to appeal. 
The Supreme Court is the court of last resort, but the King may grant 
pardons. The King also can suspend, commute, or remit any sentence.
    Although prisoners have a constitutional right to legal 
representation and a court appointed lawyer, a government lawyer or 
access to private attorneys is provided only on request. Consequently, 
those persons unaware of their rights may be deprived of legal 
representation. Suspects detained under the TADA often were denied 
access to both attorneys and family members.
    There were instances of penalization of attorneys involved in the 
defense of human rights. On February 18, security forces arrested 
lawyer and journalist Dhananjay Khanal of Gorkhaland Monthly and 
Tanahun publications at his home in Lalitpur for unknown reasons. 
However, it is believed that he was arrested for providing legal 
services to those detained under the TADA Act. Khanal was released 3 
days later. According to the Nepal Bar Association, two lawyers, 
Sujindra Maharjan and Rajendra Dhakal, remained in government custody 
at year's end. The reason for their detention was not clear.
    Military courts adjudicate cases concerning military personnel 
under the military code, which provides military personnel the same 
basic rights as civilians. Military personnel are immune from 
prosecution in civilian courts. Military courts cannot try civilians 
for crimes, even crimes involving the military services; these cases 
are handled in civilian courts.
    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 7 years.
    The TADA law allows for terrorism cases to be prosecuted in a 
Special Court, although thus far terrorism cases have only been heard 
in the Appellate Courts. In either case, suspects may appeal verdicts 
to the Supreme Court.
    In districts where Maoists have gained some measure of 
administrative control, the insurgents have set up ``people's courts.'' 
These courts generally decide civil cases; however, in August, Dekendra 
Raj Thapa, a journalist and human rights activist, was sentenced by a 
``people's court'' before being summarily executed (see section 1.a.).
    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 observed these prohibitions. Search warrants are 
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. Judges must approve them in felony cases. Under 
the TADA, the security forces may conduct searches as long as they 
inform the subject of the search in advance. Vehicle and body searches 
by security personnel have been common at roadblocks in many areas of 
the country.
    There were no reports of the Government forcing civilians to 
resettle. However, the Maoists regularly forced family members of those 
serving in the police or army to flee their homes. For example, on July 
15, Maoists forced 13 families to leave their homes within 24 hours in 
the district of Bardiya. Similarly, in Nuwakot district, Maoists forced 
six families to vacate their houses on July 22, demanding that the 
villagers bring back any family members serving in the security forces. 
Maoist recruitment threats also forced many citizens to flee. For 
example, on September 8, nearly 200 persons from Birat Village in Jumla 
District fled to Mugu District to avoid forced conscription. In 2003, 
according to an INSEC report, 38,000 persons fled their villages out of 
fear. Maoists repeatedly targeted the relatives of security personnel.
    On March 12, Maoists in Kaski District demanded the resignations of 
all personnel involved in organizing the civic reception for the King's 
visit to Pokhara. The Maoists warned those who failed to comply that 
they would be expelled from the country and have their property 
confiscated, and as a result, many of the personnel resigned their 
positions.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--During the year, there was a 
significant internal conflict between the Government and Maoist 
insurgents. Both sides to the conflict killed numerous civilians.
    For example, on January 5, RNA soldiers returning fire at Maoists 
shot and killed 82-year-old Chandra Bahadur Praja in Kaule village in 
Chitwan District.
    In April, 4 persons were killed and 15 injured when the army 
carried out an air raid on Vidya Mandir Higher Secondary School at 
Binayak VDC in Achham. The army claimed to have been fired upon by 
Maoists on school grounds.
    On July 13, RNA soldiers staged a sting operation in Kathmandu to 
catch a suspected Maoist attempting to extort money from Ullash Vaidya, 
an official from the Nepal Electric Authority. With security personnel 
watching, Vaidya gave money to the suspect, at which time security 
forces began firing. Both men were killed.
    On August 29, Maoists firing at security forces hit and injured a 
2-year-old Indian child across the border bridge in Jhulaghat of 
Baitadi District.
    Local and international human rights groups have documented Maoist 
violence in areas affected by the ``People's War.'' The Maoists most 
often have targeted political leaders, local elites, teachers, local-
level civil servants, and suspected informers (see Section 1.a).
    Maoists engaged in regular abduction of thousands of school 
children throughout the country. In June, for example, Maoists abducted 
more than 7,000 children for indoctrination and for service to the 
Maoist cadres.
    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).
    On July 18, Maoists abducted 50 students and 12 teachers from a 
school within the Kathmandu Valley for a 3-day military training 
course. All of the students and teachers were released unharmed on July 
20. In early September, the Maoists abducted over 1,000 persons in 
Syangja and Taplejung Districts for indoctrination, and another 2,000 
in Dadeldhura for military training.
    The ICRC was able on some occasions to convince the Maoists to 
release captured and detained individuals into ICRC custody. For 
example, on April 6, Maoists handed over 37 hostages to the ICRC.
    The RNA used landmines to protect installations and infrastructure. 
There were no reports during the year of injuries or deaths from these 
landmines.
    The Maoists used landmines in and alongside roads to attack police, 
military, and government vehicles. On June 14, a landmine set by 
Maoists in Khairekhola killed 21 police. On June 20, a landmine was 
used to attack a police vehicle in Dhankhola, after which Maoists 
opened fire with rifles. The police vehicle and a civilian bus were 
repeatedly hit; 14 police and 4 civilians were killed (including a 2-
year-old child), and 13 police and 14 civilians (including a 3-year-old 
child) were wounded. According to INSEC, during May and June, 
improvised explosive devices used by the Maoists killed seven children 
and injured seven others.
    The Government allowed the free movement of relief organizations. 
The Maoists regularly blocked relief organizations from reaching 
civilian populations to force NGOs to sign agreements with their 
regional committees. For example, as a result of Maoist actions, the 
U.N. stopped all operations in Dhadeldhura District in September.
    There were reports during the year of military commanders and 
Maoists blockading shipments of food and medicine. For example, the RNA 
blocked food and medical supplies from reaching more than 20 villages 
in Accham District for a week in April. Maoists announced the blockades 
of several areas, including a blockade of the Kathmandu Valley and 
numerous blockades in western districts. One NGO reported that Maoists 
in Udayapur had seized 35 baskets of medicine and medical equipment, 
including measles vaccines, in September. On September 21, Maoists 
bombed a health post and destroyed a district's vaccine supply for a 
measles campaign.
    Maoists regularly extorted money from businesses and workers, as 
well as NGOs. When individuals or companies refused to or were unable 
to pay, Maoist recrimination was almost always violent. For example, on 
June 28, Maoists detonated an improvised explosive device in the 
offices of an NGO working to support the rights of freed bonded 
laborers. The NGO had refused to meet Maoist extortion demands.
    Maoists regularly abducted large numbers of students and other 
children for indoctrination programs. Maoists used civilians, including 
children, as human shields in wave attacks against fortified military 
positions. Both sides in the conflict used children as informants (see 
Section 5). Frequent Maoist-declared closures involving the stoppage of 
work in all economic sectors, including transportation, were enforced 
through violence and caused particular hardship to some. For example, 
during a multiple-week closure in early March in the Gandaki zone, 
Maoists took possession of the only ambulance in Salyan to enforce 
observation of the strike.
    There were no reports of the Government forcing civilians to 
resettle. However, the Maoists regularly forced family members of those 
serving in the police or army as well as thousands of civilians to flee 
their homes (see Section 1.f.).
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. The Maoists imposed restrictions on free 
press through intimidation and the killing of journalists.
    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; undermines 
security, peace, order, the dignity of the King, or the integrity or 
sovereignty of the Kingdom; creates animosity among persons of 
different castes and religions; or adversely affects the good conduct 
or morality of the public. There were no reports of prosecutions under 
the Act during the year. The Act also provides a basis for banning 
foreign publications; however, foreign publications were widely 
available. None were banned or censored during the year. Foreign media 
operating in and reporting on the country were allowed to operate 
freely.
    The independent media were active and expressed a wide variety of 
views without restriction. There were hundreds of independent 
vernacular and English-language newspapers available, representing 
various political points of view. The Government owned Gorkhapatra, a 
Nepali-language daily, and The Rising Nepal, the third-largest English-
language daily. Government newspapers reflected government policy. 
Journalists reported without significant self-censorship, despite a 
pervasive culture of fear due to the insurgency. Ruling political 
parties have influenced the editorial policy of government newspapers 
to their advantage.
    The Broadcast Act allows private television and FM radio broadcast. 
The Government owned two television stations (Nepal TV and Nepal TV 
Metro), and controlled one radio station that broadcasts both AM and FM 
signals. Radio reached more that 90 percent of the population. 
Privately owned FM stations can broadcast their own independently 
collected news but also must broadcast Radio Nepal news at least once 
daily. The Government did not restrict access to foreign radio 
broadcasts, private cable networks, or the purchase of television 
satellite dishes. Indian, Chinese, and Pakistani broadcast television 
also was readily available in many parts of the country.
    There were five licensed private television stations in the 
country, but two had yet to begin transmission. In addition to 
entertainment programming, commentary critical of government policies 
occurred during publicly broadcast discussion programs. Moreover, 
debates, commentaries, and roundtable discussion on contemporary 
issues, including government policy, have become common. Throughout the 
country, local entrepreneurs also received international stations via 
satellite for viewing in local bars and resold the signal to local 
residents. Consequently, international broadcasts were more widely 
available. Television time on the government-owned television station 
also was leased to private producers.
    A number of journalists encountered problems during the year. 
According to the Center for Human Rights and Democratic Studies 
(CEHURDES) and the Federation of Nepalese Journalists (FNJ), at least 
25 journalists had been displaced by the conflict in the 6 months 
following October 2003. On February 1, Drishti Weekly journalist Suroj 
Adhikari claimed that he was severely beaten by police during a 
demonstration in Kathmandu. On April 30, security personnel detained 
more than 40 Radio Nepal staff for several hours in their offices 
without giving cause. They had been broadcasting a radio program on 
trade unions at the time of their detention.
    On January 4, security forces arrested Visha Jagaran Daily's 
Rabindra Shah, and held him for 24 hours while they demanded 
information on an article he had written. On January 12, police 
arrested Kamal Tamang of Jana Aastha weekly for unknown reasons in 
Lalitpur, although he was subsequently released.
    According to the Federation of Nepalese Journalists, 13 journalists 
have been killed since 1996, and 10 journalists were arrested during 
the year. Five journalists, including two arrested in 2003, remained 
missing at year's end. Three of the missing journalists are believed to 
be in state custody, two in Maoist custody.
    The Government licensed 22 companies for Internet and e-mail 
services and did not censor or block access to Internet sites, except 
for the Communist Party of Nepal (Maoist) Web site and a Web site run 
by Iraqi militants who killed 12 Nepalis in September.
    There were no government efforts to curtail academic freedom during 
the year.
    The Maoists did not tolerate freedom of expression and tightly 
restricted the print and broadcast media under their control. On April 
12, in Jumla District, Maoists beat to death a 75-year-old man for 
speaking out against Maoist torture and extortion. On August 4, Maoists 
in Dailekh District ordered two journalists to leave or face the death 
penalty. The Maoists had previously warned the reporters to stop 
writing articles on local businesses that had paid Maoist extortion 
demands. The journalists left the district after being told they would 
have their hands and legs cut off. On August 11, the Maoists executed 
Dekendra Raj Thapa, a reporter for the state-owned Radio Nepal in the 
mid-western district of Dailekh (see Sections 1.a. and 1.g.). Following 
Thapa's killing, the Maoists issued death threats against nine other 
journalists. The Maoists also banned journalists who had not registered 
with them from entering rural areas, threatening to cut off their hands 
if they disobeyed. On September 11, the Maoists subsequently issued a 
statement stating that they were committed to a free press; however, 
the statement was released the same day the Federation of Nepalese 
Journalists released a condemnation of the Maoists for Thapa's death. 
The Maoist restriction against unregistered journalists appeared to 
remain in force. On September 2, Maoists threatened to kill Bijaya 
Mishra, a journalist with Kantipur, for failing to report the arrest of 
a local Maoist in Siraha.
    Maoist groups regularly extorted 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. Maoists used threats to force 
school closures throughout the country. For example, a school closure 
that ended in September affected more than 700,000 students. Maoists 
also used schools to recruit child soldiers under the slogan of, ``One 
educational institution, one excellent militia.'' The ANNISU-R 
demanded, often violently, the halving of tuition, curriculum changes, 
and the banning of the singing of the national anthem. In some areas, 
the Maoists demanded schools follow a calendar devoid of religious 
holidays (see Section 2.c.).
    The Maoists have killed 71 teachers since the beginning of the 
insurgency, including 9 during the ceasefire, and have destroyed 26 
school buildings. Teachers in Maoist-affected areas reported regular 
threats and extortion demands.

    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. The Government continued to require that organizers 
apply for permits for public rallies and demonstrations. Large public 
demonstrations were common. The Government suspended the right to 
assemble in Kathmandu Valley from April 8 through May 3. During the 
year, some protests turned violent, and police sometimes used baton 
charges to break up demonstrations. Throughout the year, local 
authorities in Kathmandu prevented Tibetan community public 
celebrations, including those to venerate the Dalai Lama (see Section 
2.c.).
    During the year, Maoists deprived citizens of the right to 
assembly. For example, Maoists regularly attacked peaceful protests 
organized by the PFN (Jana Morchha) Party against Maoist atrocities, 
and used torture and intimidation to prevent future protests (see 
Section 1.c.).

    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.
    In 2002, 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. The registration requirement was not enforced during 
the year.
    A conviction for conversion or proselytizing can result in fines or 
imprisonment or, in the case of foreigners, expulsion from the country. 
There were no incidents of punishment for conversion or proselytizing 
during the year. Nongovernmental groups or individuals were free to 
file charges of proselytizing against individuals or organizations.
    In March, police in Kathmandu prohibited Tibetans celebrating the 
New Year from carrying pictures of the Dalai Lama around the 
Bhouddhanath stupa as part of religious ceremonies, a restriction that 
has been imposed since 2002. The Government restricted to private 
places (school grounds or inside monasteries) all of the local Tibetan 
celebrations (Tibetan New Year, the Dalai Lama's birthday, Democracy 
Day, and International Human Rights Day/Celebration of the Dalai Lama 
receiving the Nobel Peace Prize).
    On September 1, after an Iraqi militant group in Iraq killed 12 
citizen workers, mob violence in Kathmandu and other parts of the 
country targeted mosques and Muslim businesses, as well as manpower 
agencies and press houses. Seven persons were killed, four by mob 
violence because they were or were believed to be Muslim.
    Government policy did not support religious extremism, although 
some political figures made public statements critical of Christian 
missionary activities.
    The caste system strongly influenced society, although it was 
prohibited by the Constitution. Caste discrimination was widely 
practiced at Hindu temples.
    On June 19, unconfirmed local media reported that Maoist insurgents 
banned worship in the Khadgadevi temple in Maidikot, Dhading District, 
employing threats and intimidation to enforce the ban.
    There were regular reports of Maoists enforcing a ``people's 
calendar'' in schools that did not allow for religious holidays. 
According to one Christian organization, Maoists began demanding the 
use of church grounds for their indoctrination programs in eastern 
Nepal. When the demands were refused, churches were forced to close.
    On September 12, Maoists exploded a bomb and forced the closure of 
St. Joseph's school in Pokhara. The school's 551 students mostly were 
from underprivileged ethnic communities.
    For a more detailed discussion, see the 2004 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. Unlike 
in previous years, the Government did not restrict access to the 
Chinese border. In January 2003, the Government lifted restrictions on 
women's travel to the Gulf States to work as domestic servants. The 
Government established restrictions on travel to work in Iraq, although 
these restrictions were not evenly enforced. The Constitution prohibits 
exile, and it was not used. The Government allowed citizens to emigrate 
and those abroad to return, and was not known to revoke citizenship for 
political reasons.
    Internal displacement because of the Maoist insurgency continued to 
be a problem, with estimates of the number displaced ranging widely. 
International organizations estimated that between 100,000 and 200,000 
citizens may have been internally displaced. The variation existed 
because there were no internally displaced persons (IDP) camps; those 
displaced usually stayed with relatives and did not register with the 
Government or seek assistance. On August 8, the Government constituted 
a task force to look into the issue of IDPs, and the Government has 
since engaged with donors in a dialogue to develop policies to help 
those displaced.
    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, but the Government has 
established a system for providing protection to refugees. In practice, 
the Government provided protection against refoulement, the return of 
persons to a country where they feared persecution, and the Government 
generally cooperated with the Office of the U.N. High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees and asylees. The UNHCR maintained an office in Kathmandu and a 
sub-office in Damak. Between 1959 and 1989, the Government accepted as 
residents approximately 20,000 Tibetan refugees, most of whom still 
reside in the country. Since 1991, the Government has provided asylum 
to approximately 107,000 persons who claim Bhutanese citizenship. The 
great majority of these refugees lived in UNHCR-administered camps in 
the southeastern part of the country. Approximately 15,000 additional 
Bhutanese refugees resided outside the camps in either the country or 
India. The Government allowed UNHCR to provide services for other 
asylum seekers, such as individuals from Iraq and Sudan. The UNHCR also 
was permitted to visit the Nepal-China border eight times during the 
year.
    The People's Republic of China and the Government tightened control 
of movement across the border in 1986, but neither side has 
consistently enforced those restrictions. Police and customs officials 
occasionally harassed Tibetan asylum seekers who fled China. According 
to the UNHCR, police conduct in this regard has improved since 1999, 
although border police sometimes extorted money from Tibetans in 
exchange for passage. There were regular but unconfirmed reports this 
year that Tibetan asylum seekers were sometimes handed back to Chinese 
authorities after crossing the border. Maoists regularly robbed Tibetan 
refugees traveling from border areas to Kathmandu on foot or by car.
    The Government continued to characterize the May 2003 deportations 
of 18 Tibetan asylum seekers as an aberration that did not reflect 
official policy. In November 2003, the Government released all 
remaining Tibetan asylum seekers held in detention after a private 
benefactor paid their immigration fines. There were no Tibetan asylum 
seekers in jail at year's end.
    The UNHCR monitored the condition of Bhutanese refugees and 
provided for their basic needs. The Government accepted the temporary 
refugee presence on humanitarian grounds. The camps were administered 
by UNHCR; the World Food Program (WFP) provided sustenance; and the 
Government made a contribution to the WFP earmarked for the refugees. 
In 2002, there were reports by refugee women and children that some of 
the Bhutanese refugee workers at the camps had committed sexual 
assaults. The Government responded by providing more police protection 
to the camp, and UNHCR conducted an investigation that resulted in the 
removal of certain local personnel and increased protection measures 
for refugee women and children (see Section 5). In September 2003, 
Maoists attacked a police post in one of the camps, killing one 
policeman. In response, the Government withdrew its permanent police 
presence from all seven camps.
    The Government officially restricted refugee freedom of movement 
and work, but did not strictly enforce its policies. Bhutanese refugees 
were not allowed to leave the camps without permission, but it was 
consistently granted. Local authorities attempted to restrict some of 
the limited economic activity in the camps permitted by the central 
Government. Violence sometimes broke out between camp residents and the 
local population.
    After a December 2003 briefing for Khudunabari Camp refugees by the 
Bhutanese Joint Verification Team resulted in disorder and throwing of 
stones, the planned repatriation to Bhutan of certain refugees from 
Khudunabari Camp and the verification of other camps were indefinitely 
delayed. The Government linked the repatriation of an initial pilot 
group of refugees to Bhutan to the resumption of the Nepal-Bhutan Joint 
Verification Team process. These processes had not resumed by the end 
of the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully; however, the ongoing insurgency prevented the 
holding of elections. Since the dismissal of the elected government in 
2002, the King has appointed three interim governments, but parliament 
has not been reestablished. In the past, citizens exercised this right 
in practice through free and fair elections held on the basis of 
universal suffrage. 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. Executive power is vested in the King and the 
Council of Ministers.
    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. The Prime 
Minister dissolved the Parliament in 2002, and the term of the 
Parliament subsequently expired. The ongoing insurgency prevented new 
elections. Since 2002, the King has appointed three interim 
governments, the most recent being the reinstatement of Sher Bahadur 
Deuba as Prime Minister on June 2. By year's end, no date had been set 
for national or local elections.
    Under the Constitution, all citizens 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, assembly, movement and residence, 
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 occurred mainly 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 125 registered political parties. Under the law, 
individuals may contest elections in the district in which they are on 
the election rolls, whether independently or with a political party. 
There is no dominant party. Most larger political parties have 
associated youth wings, trade unions, and social organizations.
    The Constitution provides for an anticorruption authority, the 
Commission for the Investigation of the Abuse of Authority (CIAA), and 
it is used to investigate official acts of corruption. On July 22, the 
CIAA acted against former Deputy Prime Minister Chiranjivi Wagle, who 
was found guilty on corruption charges and sentenced to 2 years in jail 
and a fine of approximately $500,000 (37,000,000 Nrs). The CIAA also 
won a case before the Supreme Court on September 15 that forced several 
senior politicians, including a former Prime Minister, to testify 
before the anticorruption body.
    The Constitution provides citizens with a right to information ``on 
any matter of public importance,'' except in cases where secrecy is 
required by law. There were no known examples of this section of the 
Constitution being tested.
    There are 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. There were three women in the Cabinet appointed by 
the King on July 3.
    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. There are no special provisions to allocate a 
set number or percentage of political party positions or parliamentary 
seats for any minority group. Members of certain castes traditionally 
have held more power than others. Seven members of the 31-member 
Cabinet were from an ethnic minority community.
    The Maoists have attempted to restrict the right of citizens to 
change their government. For example, on August 25, the Maoists 
threatened the Election Commissioners, demanding that they resign or 
face serious consequence because of an implied intention to hold 
national elections within 12 months.
    On September 7, Maoists attacked a peaceful political rally of the 
People's Front Nepal (PFN) in Dullu, Dailekh District. Seven PFN 
activists were injured, including the party general secretary (see 
Sections 1.c. and 2.b.).
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 
sometimes were cooperative and responsive to their views. There were no 
reports that the Government detained human rights activists suspected 
of Maoist affiliation during the year. However, there were complaints 
of intimidation being used against human rights NGOs and workers by 
both the Government and the Maoists. There were approximately 10 wholly 
independent domestic human rights NGOs, including 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.
    The insurgency has caused a number of NGOs to reduce their 
activities substantially. There were frequent credible claims that 
Maoists refused to allow human rights NGOs and journalists to enter 
certain western districts. In addition, Maoists have killed and 
abducted NGO workers. In mid-September, for example, Maoists abducted 
Kamal Gurung, a worker associated with a UNICEF child assistance 
program in Dadeldhura. There were credible reports during the year that 
insurgents stole emergency food supplies from NGO programs targeting 
vulnerable populations (see Section 1.g.).
    The Government regularly granted visas to international NGO human 
rights monitors. Amnesty International conducted a research mission to 
the country from January 23 to February 4. Human Rights Watch made 
several assessment and monitoring visits during the year. In December, 
a mission from the International Commission of Jurists visited the 
country. The Government cooperated with international nongovernmental 
organizations. The U.N. Office of the High Commissioner for Human 
Rights has a technical advisor posted in the country, and sent a Joint 
Technical Mission to the country from February 12 to 17. In December, 
the UN Working Group on Enforced and Involuntary Disappearances visited 
the country.
    In 1997, 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 brought to 
court. During the year, the Government doubled the commission's budget. 
Once the NHRC completes an investigation and makes a recommendation, 
the Government has 3 months to respond. Since its establishment, the 
Commission has received 2,328 complaints of human rights violations, 
investigated 500 cases, and recommended compensation in 27 cases. Of 
the cases the NHRC identified, 1,340 involved the disappearance of 
detainees. Of these, the State subsequently released 124 persons, and 
the Maoists released 27. Illegal detention and arrest of acquitted 
persons were also investigated.
    On March 26, the Government released a statement on ``His Majesty's 
Commitment on the Implementation of Human Rights and International 
Humanitarian Law'' and on July 15 released a National Human Rights 
Action Plan. Although these are relatively new public commitments, 
observers generally have been critical of the Government's 
implementation efforts.
    In 2003, the Government established the Human Rights Promotion 
Center in the Office of the Prime Minister. The main purpose of the 
Center is to provide coordination between government ministries, the 
National Human Rights Commission, and NGOs on human rights issues. For 
example, the Center played a constructive role in coordinating a 
memorandum of understanding between the Government and the U.N. Office 
of the High Commissioner for Human Rights for assistance to the 
National Human Rights Commission.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution specifies that the Government shall not 
discriminate against citizens on grounds of race, sex, caste, or 
ideology; however, a caste system operated in many areas of daily life 
and throughout the country. Societal discrimination against lower 
castes, women, and persons with disabilities remained common, 
especially in rural areas.

    Women.--Domestic violence against women was a serious problem that 
received limited public attention. There was a general unwillingness 
among citizens, and particularly among government authorities, to 
recognize violence against women as a problem. In a 1998 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. SAATHI also 
reported that 82 percent of female respondents were victims of beatings 
and 66 percent were victims of assault. This unwillingness to recognize 
violence against women and girls as unacceptable in daily life was seen 
among police and politicians as well.
    The police department has 18 women's cells with 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 police may make an arrest, often neither the victim nor the 
Government pursued further prosecution.
    At least 10 NGOs in Kathmandu worked 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.
    Rape and incest also were problems, particularly in rural areas. 
Laws against rape provide for prison sentences of 6 to 10 years for the 
rape of a woman less than 14 years of age, and 3 to 5 years for the 
rape of a woman above the age of 14. The law prescribes imprisonment 
for 1 year or a fine for the rape of a prostitute. The law prohibits 
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 was strong. The killing of brides because of 
defaults on or inadequacy of dowry payments was rare. More common was 
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 
man to remarry.
    Folk beliefs about witchcraft generally involved rural elderly 
women, sometimes widows. Shamans or other local authority figures 
sometimes publicly beat and physically abused suspected witches as part 
of an exorcism ceremony.
    On September 18 in Karthali Village in Sindhupalchowk, Sobhit Singh 
Raut killed 76-year-old Sumitra Khadka, accusing her of using 
witchcraft to kill his uncle. Raut was arrested on charges of murder.
    In May 2003, Raheli Pariyar died in Rampur, Ramechhap District, as 
a result of an ``exorcism'' performed by local shamans.
    According to INSEC, there were 67 victims of witchcraft-related 
violence in 2003. In May 2003, the NHRC asked the Government to develop 
a mechanism to prevent such abuses and to provide compensation to the 
abused.
    Trafficking in women remained a serious problem throughout the 
country, and large numbers of women were forced to work against their 
will as prostitutes in other countries (see Section 5, Trafficking).
    In September 2003, Human Rights Watch released a report titled 
``Trapped by Inequality: Bhutanese Refugee Women in Nepal,'' which 
examined the response of the UNHCR and the Government to rape, domestic 
violence, sexual and physical assault, and trafficking of girls and 
women from refugee camps. The report said that the country's system of 
refugee registration discriminated against women by distributing 
rations through male heads of households. Further, the report noted 
that 35 refugee women and girls were missing from the camps and might 
have been victims of trafficking.
    Although the Constitution provides protections for women, including 
equal pay for equal work, the Government has not taken significant 
action to implement those provisions, even in many state industries. 
Women faced systematic discrimination, particularly in rural areas, 
where religious and cultural traditions, lack of education, and 
ignorance of the law remained severe impediments to the exercise of 
basic rights, such as the right to vote or to hold property in their 
own names. Inheritance laws were revised in 2002 so that unmarried, 
widowed, or divorced women can inherit parental property. On July 29, 
the Supreme Court struck down Section 12 (a) of the Provision of 
Inheritance by Default of the Civil Code, which states that upon 
marriage women must return any property inherited from their parents. 
Additionally, the Court ordered the creation of a government panel to 
study and form recommendations on discriminatory laws against women. 
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 were more than 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 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. NGOs focused on integrating women into active civil society and 
the economy. There also were a growing number of women's advocacy 
groups. Most political parties have women's groups that advocate for 
women's rights and bring women's issues before the party leadership.

    Children.--The Government is committed to the welfare and education 
of children, but implementation of laws and programs has been uneven, 
in part due to violence resulting from the ongoing insurgency. 
Education is not compulsory. However, government policy was to provide 
free primary education for all children between the ages of 6 and 12 
years. The quality of education provided was sorely inadequate, as many 
families could not 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 worked also attended 
school. However, approximately 70 to 75 percent of boys who work go to 
school, compared with only 50 to 60 percent of the girls who work. 
Human rights groups reported that girls attend secondary schools at a 
rate half that of boys. In April 2003, the Department of Education 
issued a report finding that one-quarter of elementary school-aged 
girls remained deprived of basic education.
    Basic health care was provided free to children and adults, but 
government clinics were poorly equipped and few in number, and serious 
deficiencies remained.
    Violence against children was rarely prosecuted, and abuse 
primarily manifested itself in trafficking of children. Forced 
prostitution and trafficking in young girls remained serious problems 
(see Section 5, Trafficking).
    Societal attitudes view a female child as a commodity to be 
bartered off in marriage, or as a burden. Some persons considered 
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.
    There were numerous credible reports that Maoists recruited 
teenagers to serve as porters, runners, cooks, and armed cadre. During 
the 2003 ceasefire, the Maoists reportedly abducted hundreds of rural 
teens and children, requiring them to attend training and 
indoctrination programs and join their ranks. In June, Maoists abducted 
more than 7,000 children for indoctrination or for service to the 
Maoist cadres.
    There were reports of children held in jail or in custody as 
suspected Maoists. For example, in July, security forces arrested 14-
year-old Lila Pariyar of Sutwal-7 Village in Nawalparasi District on 
suspicion of being a Maoist. In September, Pariyar was discovered in a 
district jail, where she had been held for 2 months.
    For more details on the problem of child labor, see Section 6.d.
    Internal displacement due to the insurgency, including of children, 
continued to be a problem, with estimates of the number displaced 
ranging widely. The Government has identified 30 districts to focus 
programs on the education and health of conflict-affected children.
    A number of effective NGOs work in the field of childrens' issues, 
including the International Labor Organization (ILO) (to eliminate the 
worst forms of child labor and promote child education), the Sahara 
Group, CWIN (Child Workers in Nepal Concerned Centre), CVICT (Centre 
for Victims of Torture), Ray of Hope, Terre des hommes (Tdh), Maiti 
Nepal, ABC Nepal, the Forum for Women, Law and Development (FWLD), and 
several others.

    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. There is 
legislation to protect women from coercive trafficking, but enforcement 
of antitrafficking statutes remained sporadic. The Human Trafficking 
Control Act prohibits selling persons in the country or abroad and 
provides 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. As a result, 
no crime is considered to have occurred until the victim and 
perpetrators are outside the jurisdiction. There were many social and 
legal obstacles to successful prosecution, and convictions were rare. 
In June 2003, the Special Court sentenced to 75 years of imprisonment 
the leader of a gang involved in selling nearly 100 girls to brothels 
in India. Six of his accomplices received lesser sentences ranging from 
36 months' to 12 years' imprisonment. Border guards commonly accepted 
bribes to allow contraband and trafficked girls in or out of the 
country.
    The country was a source country for trafficking. Young women were 
by far the most common targets; trafficking of boys rarely was 
reported, but girls as young as 9 years of age were trafficked. 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. Most 
women and girls trafficked from the country went to India. According to 
the 2003-04 annual report of the Attorney General's Office, 133 
trafficking cases were filed in district attorneys' offices across the 
country. At year's end, of the 133 cases, 32 resulted in full or 
partial convictions, 18 in acquittal, and 83 remained pending.
    Local NGOs combating trafficking estimated that from 5,000 to 
12,000 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 were trafficked to Hong Kong, Saudi Arabia, and other countries in 
the Middle East. A ban on female domestic labor leaving the country to 
work in Saudi Arabia and other countries in the Gulf was lifted in 
January 2003 for the organized sector. Women who have proof of external 
employment with an organization of 10 or more employees may travel to 
the Gulf.
    Hundreds of girls and women returned voluntarily or were rescued 
and repatriated to the country annually after having worked as 
commercial sex workers in India. Most were destitute and, according to 
some estimates, 50 percent were HIV-positive when they returned.
    A 2001 study by the ILO International Program on the Elimination of 
Child Labor found that 30 percent of sex workers in Kathmandu were 
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.
    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 had links 
to brothels in India. In some cases, parents or relatives sold women 
and young girls into sexual slavery. NGOs' unverified estimates were 
that approximately 50 percent of the victims were lured to India with 
the promise of good jobs and marriage, 40 percent of the victims were 
sold by a family member, and 10 percent were kidnapped. NGOs have found 
that once prevention programs were initiated in a district, the 
traffickers moved to other areas. Youth displaced from homes as a 
result of the insurgency were especially vulnerable to being 
trafficked.
    While the Government lacked both the resources and institutional 
capability to address effectively its trafficking problem, the 
Government has established a National Task Force at the Ministry of 
Women, Children and Social Welfare (MOWCSW) with personnel assigned to 
coordinate the response. There were programs in place to train police, 
and the MOWCSW worked closely with local NGOs to rehabilitate and 
otherwise assist victims. While the Government promulgated a National 
Plan of Action to combat trafficking in August 2003, its implementation 
was 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 
commercial sex workers to India. 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. However, the Government failed 
to budget for adequate police training and resources, and the courts 
were overburdened. Government welfare agencies generally were incapable 
of delivering effective public outreach programs or assistance to 
trafficking victims without the help of NGOs.
    Cultural attitudes toward returned victims of trafficking were 
often negative, and the Government response sometimes reflected that 
bias. There were more than 50 NGOs combating trafficking, several of 
which had 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 used leaflets, comic books, films, speaker 
programs, and skits to convey anti-trafficking messages and education. 
Some organizations involved in the rehabilitation of trafficking 
victims stated that their members had been threatened and that their 
offices had been vandalized because of their activities.
    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.

    Persons With Disabilities.--There was discrimination against 
persons with disabilities in employment, education, access to health 
care, and in the provision of other state services. The Disabled 
Persons Protection and Welfare Act and additional 1994 rules mandate 
accessibility to buildings, transportation, employment, education, and 
other state services, but these provisions generally were not enforced. 
Despite government funding for special education programs, the 
Government did not implement effectively or enforce laws regarding 
persons with disabilities. The MOWCSW is responsible for the protection 
of those 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.
    Persons with disabilities faced widespread societal discrimination. 
Families often were stigmatized by and ashamed of family members with 
disabilities. Economic integration was further hampered by the general 
view that persons with disabilities were unproductive. Due to the 
inadequacy of facilities, the authorities sometimes placed prisoners 
with mental disabilities in jails under inhumane conditions. A 2001 
report authored jointly by UNICEF and the National Planning Commission 
estimated that there were approximately 400,000 persons with 
disabilities in the country.

    National/Racial/Ethnic Minorities.--The Constitution provides that 
each community shall have the right ``to preserve and promote its 
language, script, and culture,'' and that each community has the right 
to operate schools at the primary level in its native language. In 
practice, the Government generally upheld these provisions.
    There are more than 75 ethnic groups that speak 50 different 
languages. In remote areas, school lessons and radio broadcasts often 
were in the local language. In urban areas, education was almost 
exclusively offered in Nepali or English.
    Discrimination against lower castes was especially common in the 
rural areas in the western part of the country, even though the 
Government outlawed the public shunning of Dalits and made an effort to 
protect the rights of the disadvantaged castes. For example, on 
September 6 in Bhagawatpur-9 Village in Rajbiraj, villagers imposed a 
ban on 35 Chamar Dalit families from using community services and 
facilities after the Dalits demanded the right not to be forced to 
handle dead carcasses. Many Dalits also lost their jobs. The police and 
district authorities had not addressed the incident at year's end.
    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, were slowly reducing caste distinctions and increasing 
opportunities for lower socioeconomic groups. Better educated, urban-
oriented castes continued to dominate politics and senior 
administrative and military positions, and to control a 
disproportionate share of natural resources.
    Caste-based discrimination, including barring access to temples, is 
illegal. However, Dalits were barred from entering temples on occasion. 
For example, in December, Dalits were denied entry into a Hindu temple 
in Bharatpur. Progress in reducing discrimination was more successful 
in urban areas.

    Other Societal Abuses and Discrimination.--The Constitution does 
not recognize sexual minorities, but the country does not have any laws 
that specifically criminalize or proscribe sanctions against sexual 
minorities. Government authorities, especially police, sometimes 
harassed and abused homosexuals. On August 9, 39 homosexual rights 
advocates were arrested and detained for 11 days under the Public 
Offenses Act. They were subsequently released on bail. According to the 
Blue Diamond Society (BDS), an NGO that works to support the well-being 
of the country's sexual minorities, after a 2003 meeting between BDS 
and police, the police Inspector General issued a letter to all police 
stations expressing concern at the level of police violence against 
homosexuals.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
freedom to establish and join unions and associations, and these rights 
were protected in practice. 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 
of 1992 and the Trade Union Act of 1992 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 protects 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.
    The Government did not restrict unions from joining international 
labor bodies. Several trade federations and union organizations 
maintained a variety of international affiliations.
    In August and early September, the Maoist-affiliated trade union 
forced the closure of 12 companies for a month, and almost 50 
additional companies for about a week, threatening to damage facilities 
and to physically harm workers and their families if they returned to 
work.

    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. 
The Government allowed unions to operate freely and without 
interference. Collective bargaining agreements covered an estimated 10 
percent of wage earners in the organized sector. However, in general, 
labor remained widely unable to use collective bargaining effectively 
due to legal obstacles to striking and inexperience.
    The law provides the right to strike except by employees in 
essential services, and workers exercised this right in practice. 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.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
there were reports that such practices occurred (see Sections 5 and 
6.d.). The Department of Labor enforced laws against forced labor in 
the small formal sector, but remained unable to enforce the law outside 
that sector.
    Enforcement of the Kamaiya Prohibition Act by the Government was 
uneven, and social integration of the Kamaiyas was difficult. According 
to the ILO, 12,019 Kamaiyas have received land, 7,149 families each 
have received approximately $230 (17,020 Nrs) for building homes, and 
about 6,000 have received timber to build houses. The Government has 
set up temporary camps for approximately 14,000 Kamaiyas still awaiting 
settlement. The food-for-work program was terminated in November. A 
2001 ILO Rapid Assessment estimated that 17,000 child laborers were 
working as bonded laborers in the remnants of the Kamaiya system.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor is a significant problem, particularly in the large 
informal sector, which includes such businesses as portering, rag 
picking, and rock breaking. 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 (6 hours a day and 6 days a week). The Child Labor Act applies 
only to formal sectors of the economy, such as tourism, cigarette or 
carpet factories, and mines, but not to informal sectors or subsistence 
agriculture. The law establishes a minimum age for employment of minors 
at 16 years in industry and 14 years in agriculture and mandated 
acceptable working conditions for children. Children under the age of 
14 years are prohibited from working. Employers must maintain records 
of all 14-to 16-year-old laborers. The Child Labor Act also established 
specific penalties for those who unlawfully employ children. However, 
the necessary implementing regulations have not been passed.
    Resources devoted to enforcement were limited, and children worked 
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. Others are 
economically active in a few small-scale and cottage industries.
    There were credible reports that the Maoists forcibly recruit 
children, including girls, as soldiers, human shields, runners, and 
messengers (see Section 5).
    The Ministry of Labor's enforcement record was mixed. In 2003, 
according to the Ministry, its 14 inspectors conducted approximately 
500 inspections (out of 20,000 registered companies) to ensure that no 
child labor was present. The Ministry reported that no children under 
the age of 14 were found working in the factories inspected. The 
Government also conducted public awareness programs to raise public 
sensitivity to the problem of child labor.
    The private sector has made its own efforts to eradicate child 
labor, especially in the carpet industry. In 1999, the Carpet 
Manufacturers Association pledged publicly to end child labor in the 
industry by 2005. The Rugmark Foundation certified that carpets were 
made without child labor. There are 517 member-companies (an estimated 
67 percent of the industry) in Rugmark. Rugmark's four inspectors 
conducted inspections, issued warnings, and if repeated violations 
occurred, disassociated companies from the program. As a result of this 
initiative, and of consumer pressure, Rugmark estimated that children 
constituted only 2 percent of the work force in the export-oriented 
carpet industry. However, children's rights activists stated that 
children remained a part of the work force in the smaller factories and 
family weaving units. Rugmark conducted 29,562 inspections at 
factories, identifying and removing 613 children from factories. 
Rugmark reunited 465 children with their families, and another 187 were 
in Rugmark rehabilitation centers. Rugmark revoked two licenses from 
carpet factories where children were found employed.

    e. Acceptable Conditions of Work.--In April 2003, the Government 
raised the minimum monthly wage for unskilled labor to $25 (1894 Nrs). 
The law also defined monthly minimum wages for semi-skilled labor at 
approximately $26 (1944 Nrs), skilled labor at $28 (2,054 Nrs), and 
highly skilled labor at $30 (2,244 Nrs). The minimum wage for children 
ages 14 to 16 was set at $21 (1,558 Nrs). Additional allowances for 
food and other benefits total $7 (500 Nrs) per month for adult labor, 
and $5 (360 Nrs) per month for children aged 14-16. Wages in the 
unorganized service sector and in agriculture often were 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. None of these 
minimum wages were sufficient to provide a decent standard of living 
for a worker and family.
    The Government also set health and safety standards, and other 
benefits such as a provident fund and maternity benefits were 
established in the Labor Act. Implementation of the Labor Act has been 
slow, as the Government has not created the necessary regulatory or 
administrative structures to enforce its provisions. Workers did 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 remained minimal.

                               __________

                                PAKISTAN

    Pakistan is a federal republic. Chief of Army Staff Pervez 
Musharraf overthrew the elected civilian government in 1999. The 
Supreme Court later legitimized the overthrow, but ordered Musharraf to 
restore elected government within 3 years. Musharraf assumed the 
Presidency by decree in 2001. In 2002, a controversial national 
referendum affirmed Musharraf as President for 5 years. Elections for 
the National Assembly were held in 2002. Domestic and international 
observers termed the elections deeply flawed. Musharraf's Pakistan 
Muslim League (PML) won a plurality of seats and formed a governing 
coalition with several smaller parties. Indirect Senate elections in 
February 2003 gave the governing coalition 55 of 100 seats. In December 
2003, the National and Provincial Assemblies passed the 17th Amendment 
to the Constitution. The Amendment transfers a number of powers from 
the Office of Prime Minister to the President, affirms Musharraf's 
presidency through 2007, sets the terms under which the President could 
dissolve the National Assembly, and exempts Musharraf from a 
prohibition on holding two offices of state until the end of the year, 
allowing him to remain as Chief of Army Staff. In October, over 
opposition protests, Parliament passed another bill that exploits a 
loophole in the Constitution to extend the exemption until 2007. The 
judiciary was nominally independent but remained subject to corruption 
and political pressure.
    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. 
Provincial governments control police and the paramilitary forces when 
they assist in law and order operations. During some religious 
holidays, the regular army was deployed in sensitive areas to help 
maintain public order. The civilian authorities maintained control of 
the security forces; however, there were instances when local police 
acted independently of government authority. Some members of the 
security forces committed numerous serious human rights abuses.
    The economy was primarily market-based. The agricultural sector 
continued to employ much of the population, although a growing 
manufacturing sector, primarily in textiles, accounted for much of the 
country's economic growth and export earnings. For the year, the 
population was estimated at approximately 154 million, and gross 
domestic product growth was estimated at 6.4 percent. No reliable data 
exists comparing wages and benefits with inflation; however, there was 
evidence to suggest growing income inequality.
    The Government's human rights record remained poor; although there 
were some improvements in several areas, serious problems remained. In 
2002, citizens participated in national government elections, although 
many observers found serious flaws in their legal framework. Local 
police used excessive force and committed or failed to prevent 
extrajudicial killings. Sectarian killings continued to be a problem. 
Police abused and raped citizens. Prison conditions remained extremely 
poor, and police arbitrarily arrested and detained citizens. Some 
political leaders remained imprisoned or in exile abroad. Case backlogs 
led to long delays in trials, and lengthy pretrial detention was 
common. The judiciary was subject to executive and other outside 
influence. Corruption and inefficiency remained severe problems. The 
Government violated due process and infringed on citizens' privacy 
rights. The press was partly free and in some instances, the Government 
took retaliatory actions against media outlets and journalists; 
however, media criticism of security forces and the Government 
continued to increase during the year. The Government imposed some 
limits on freedom of association, religion, and movement. Governmental 
and societal discrimination against religious minorities remained a 
problem. Domestic violence against women, rape, and abuse of children 
remained serious problems. Honor killings continued; however, new 
legislation stiffens penalties for honor killings; and criminal 
procedures for the blasphemy laws and Hudood Ordinances were changed to 
prevent abuses. Discrimination against women was widespread, and 
traditional social and legal constraints generally kept women in a 
subordinate position in society. Trafficking in women and children for 
the purposes of forced prostitution and bonded labor, and the use of 
child labor remained widespread. Workers' rights were restricted, and 
debt slavery remained a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Police and security 
forces allegedly were responsible for the deaths of individuals 
associated with political, extremist, or terrorist groups during the 
year, and security forces committed extrajudicial killings.
    On August 17, unknown gunmen killed three Pakistan People's Party 
(PPP) activists in Attock while they were campaigning in the district's 
by-election. Opposition leaders publicly charged that the Attock 
District mayor and security forces were complicit, but have not 
presented compelling evidence. Government officials denied the charges, 
and an investigation was ongoing at year's end.
    On August 18, Jamiat Ulema-i-Islam--Fazl ur Rahman Group (JUI-F) 
member Qari Noor Mohammad, who was arrested on charges of being linked 
to al-Qa'ida, died in police custody in Faisalabad. JUI-F leaders 
claimed Mohammad was tortured to death. Police officials denied the 
allegation, stating that their inquiry concluded Mohammad died from 
cardiac arrest triggered by natural causes.
    The extrajudicial killing of criminal suspects in staged encounters 
and during torture in custody occurred. Human rights monitors reported 
that 251 persons were killed in police encounters during the year. 
Police said that many of these deaths occurred when suspects attempted 
to escape, resisted arrest, or committed suicide; however, family 
members and the press said that many of these deaths were staged. 
Unlike in previous years, there were no reports of police killing 
suspected criminals to prevent them from implicating police in crimes 
during court proceedings.
    On February 26, police shot and killed Dikhad Butt in Lalamusa. 
Police said the car in which Butt was riding failed to stop as ordered 
in connection with a drug investigation; however, family members 
claimed that police opened fire on the car. Protesters unsuccessfully 
asked that murder charges be lodged against the officials involved. On 
March 20, Nazakat Khan died in Khanpur while in police custody. 
Residents maintained he was tortured to death, while police claimed he 
committed suicide. Northwest Frontier Province (NWFP) Inspector General 
of Police (IGP) suspended four police officials in connection with the 
death. A judicial inquiry was ongoing at year's end. On August 10, 
police shot and killed Saleem Butt in Lahore following his attempt to 
flee when police raided his mother's house. On August 13, Syed 
Qutbuddin Shah died in police custody in Mirpurkhas. Police claimed he 
committed suicide, but the autopsy showed evidence of torture. Murder 
charges were pending against five police officials in the death. Two 
police officers were arrested and charged in the August 2003 killing of 
Zafar Iqbal. On August 18, one of the two suspects in police custody in 
Karachi burned to death; the other died 9 days later. Two police 
officials were suspended for 3 months in the September 2003 death of 
Samuel Sunil. There were no new developments in other cases reported in 
2003.
    In August, Tabassum Javed Kalyar was shot and killed by police 
while attending a demonstration. An assistant Sub Inspector, Mehdi 
Bhatti, was arrested for Kalyar's killing; however, Bhatti was released 
without bail 3 days later. Six persons have been charged in the case 
and an investigation was ongoing at year's end (see Section 2.b.). No 
progress was made in investigating the Ranger killings of Okara 
protesters in 2002 or 2003 (see Section 2.d.).
    The Government frequently investigated police officials for 
extrajudicial killings; however, failure to discipline and prosecute 
consistently and lengthy trial delays contributed to a culture of 
impunity.
    According to press reports, the Pakistan Armed Forces were 
responsible during the year for approximately 65 civilian casualties 
that occurred during its offensives against suspected terrorists hiding 
in the Federally Administered Tribal Areas (FATA).
    There were reports of violence between political factions in the 
country. For example, the Mohajir Qaumi Movement-Haqiqi (MQM-H), an 
urban Sindh-based political party that in the past used violence to 
further its aims, claimed that its rival the Muttahida Qaumi Movement-
Altaf (MQM), now a member of the national and provincial governing 
coalition, used security forces to carry out extrajudicial killings of 
its members; however, no direct connections between security forces and 
the killings were made. By year's end, the MQM political leadership had 
denounced violence and broken ties with its former militant wing, a 
group that resembled an armed gang carrying out retaliation against 
rival gangs, including the MQM-H's armed wing. A total of three 
policemen were suspended for 3 months and were demoted in rank as a 
result of their involvement with the 2003 killing of Noshad Ansar, the 
nephew of a regional MQM official. A total of three policemen were 
suspended for 3 months and were demoted in rank as a result of their 
involvement with the 2003 killing of Noshad Ansar, the nephew of a 
regional MQM official.
    During the year, killings linked to sectarian, religious extremist, 
and terrorist groups continued. Also during the year, attacks on houses 
of worship and religious gatherings resulted in the deaths of nearly 
200 persons (see Section 2.c.). For example, on January 15, assailants 
threw grenades at the Pakistan Bible Society office in the Holy Trinity 
Church in Karachi. A car bomb that exploded 15 minutes later in front 
of the building injured 16 persons, mainly police. Authorities arrested 
Shamin Ahmed, a member of the terrorist group Lashkar-e-Jhangvi, in 
connection with the attack. On March 3, gunmen attacked a Shi'a Muslim 
procession in Quetta, killing at least 50 and injuring over 100. 
Security forces killed the assailants. On May 7, a suicide bomber 
attacked a Shi'a mosque in Karachi, killing 28 and injuring 200. Police 
charged Lashkar-e-Jhangvi member Gul Hasan, who remained in detention 
at year's end, as an accomplice in the cases. On October 1, a suicide 
bomber attacked a Shi'a mosque in Sialkot, killing 31 and injuring more 
than 40. On October 7, during a gathering in Multan to mark the death 
of Sunni extremist Maulana Azam Tariq, 2 bomb blasts killed at least 39 
and wounded approximately 100. On October 19, police arrested Amjad 
Shah, from the Shi'a extremist group Sipah-i-Mohammed for the bombing. 
On October 10, a suicide bomber killed 4 and injured 10 when he 
detonated a device at the entrance to a Shi'a mosque in Lahore.
    Religious extremist and foreign terrorist organizations attempted 
killings of religious, political, and military figures. On May 30, 
unknown gunmen in Karachi shot and killed extremist Sunni religious 
leader Mufti Nizamuddin Shamzai and injured his son and nephew in their 
vehicle. On June 10, gunmen attacked a convoy carrying the Corps 
Commander Karachi Lt-Gen Ahsan Saleem Hayat, killing seven soldiers, 
three policemen, and a pedestrian. On July 30, a suicide bomber 
attacked the convoy of then-Finance Minister Shaukat Aziz following his 
address to an election rally in Attock. The bombing killed 9 persons, 
including the bomber, and injured 30 others. On October 9, unknown 
gunmen in Karachi killed Deobandi Sunni leader Mufti Jameel Ahmed Khan 
and an associate in their vehicle.
    Terrorists allegedly linked to al-Qa'ida carried out attacks on 
foreign targets during the year. On March 15, police successfully 
disarmed a vehicle bomb parked in front of a diplomatic consulate in 
Karachi. On May 3, a car bomb in Gwadar killed 3 Chinese engineers and 
injured 11 others. On May 26, 2 successive bomb blasts at a bilateral 
cultural center in Karachi killed a police guard and injured 32 police 
and journalists.
    The Government condemned these attacks, blaming them on banned 
extremist organizations aided by foreign terrorist groups. Authorities 
charged 10 members of the al-Qa'ida-linked Jandullah extremist group in 
the Pakistan Bible Society bombing, the bombings at the bilateral 
cultural center, and the attack on the Corps Commander Karachi.
    Cases were pending against three prominent Islamist politicians, 
Allama Sajid Naqvi, Nawab Amanullah Khan Sial, and Allama Syed Sibtain 
Ali Kazmi, in the 2003 death of Maulana Azam Tariq. Naqvi and Sial were 
granted bail, while Kazmi remained at large.
    There were no arrests in the 2003 attack on a Shi'a mosque in 
Quetta, attributed to Lashkar-e-Jhangvi, or the 2003 suicide bombing at 
the Kawish Crown Plaza Shopping Center in Karachi, attributed to gang 
warfare. A number of junior army officers and militants, arrested in 
connection with the assassination attempts against President Musharraf 
in 2002, remained in detention. Security forces killed the alleged 
planner of the attack, Amjad Hussain Farooqi, in a gun battle 
surrounding his arrest.
    Honor killings continued to be a problem, and women were the 
principal victims. Local human rights organizations documented 1,458 
cases during the year, and many more likely went unreported. Sindh 
province had over half of reported cases, although human rights 
organizations believed the practice also was prevalent in Punjab, NWFP, 
and Baluchistan. For example, on April 14, Gudshan Ali and his brother-
in-law Dilawar killed Ali's wife after accusing her of adultery in 
Drakhan Village, Sindh. Police arrested Ali, who remained in detention. 
On June 22, Mukhtiar Ahmed shot and killed his sister Reshman and Abdul 
Shahoor in Munaabad Village, Sindh after accusing them of adultery. 
Despite the filing of a complaint with police, no arrest was made. 
Police arrested several family members in the 2003 death of Afsheen 
Musarrat; all except her father, Musarrar Hussain, remained in custody. 
No progress was made in the Muridke case from 2003, nor is any likely. 
On October 26, the National Assembly adopted a bill increasing 
penalties for crimes involving matters of honor and placing 
restrictions on the victims or heirs' right to pardon perpetrators of 
such crimes; however, human rights groups remained concerned that 
perpetrators of such crimes, in a limited number of cases, could still 
be pardoned by the victim or heirs (see Section 5).
    Unlike in previous years, there were no reports of shelling across 
the Line of Control in Kashmir, the country's border with India.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, police and security forces held prisoners 
incommunicado and refused to provide information on their whereabouts, 
particularly in terrorism and national security cases. For example, on 
June 14, unidentified security force personnel detained a British and 
Dutch national at Lahore University for alleged ties to al-Qa'ida. 
Despite High Court petitions from their families, police refused to 
provide any information on their whereabouts. After holding journalist 
Kahlwar Mehdi Rizvi in secret detention for nearly 40 days, authorities 
charged Rizvi with sedition and conspiracy on January 28. Rizvi was 
released on bail on March 29.
    MQM-H claimed that security forces acting on behalf of the MQM 
routinely held its activists incommunicado. Opposition parties charged 
that the MQM kidnapped and tortured their activists during the March 28 
local government by-elections and the May 12 provincial and national 
assembly by-elections in Karachi.

    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, security forces 
tortured and abused persons, often to elicit confessions. Ordinary 
courts at times dismissed such confessions. Under provisions of the 
Anti-Terrorist Act, coerced confessions are admissible in Special 
Courts; however, police had not used this provision to obtain 
convictions.
    Security force personnel continued to torture persons in custody 
throughout the country. Human rights organizations reported that 
methods used included beating; burning with cigarettes; whipping the 
soles of the feet; prolonged isolation; electric shock; denial of food 
or sleep; hanging upside down; and forced spreading of the legs with 
bar fetters. Officials from the Human Rights Commission of Pakistan 
(HRCP) estimated 5,000 cases of police torture annually; the Lawyers 
for Human Rights and Legal Aid Madadgaar Project recorded 1,101 cases 
of torture during the year. At times, torture resulted in death or 
serious injury (see Section 1.a.). For example, on January 2, police in 
Choti Zaireen village, Punjab, beat Saifullah Ghangle with a blunt 
object until he fell unconscious. Ghangla remained in a coma in Lahore 
at year's end. Five police officials were charged in the case but none 
were arrested. On November 21, Naddeem Latif died during torture in 
custody. Two police officials were arrested in the case and remained in 
detention at year's end. There were no new developments in the Rasheed 
Azam case from 2003, nor were any expected.
    Unlike in previous years, there were no reports of paramilitary 
forces or the army torturing or killing farmers for refusing to sign 
contracts ceding their land rights to the Army in Okara.
    The Hudood Ordinances provide for harsh Koranic punishments for 
violations of Islamic law (Shari'a), including death by stoning and 
amputation. These punishments, which require a high standard of 
evidence, were not used during the year.
    Special women's police stations with all female staff have been 
established in response to complaints of custodial abuse of women, 
including rape. The Government's National Commission on the Status of 
Women claimed the stations did not function effectively in large part 
due to a lack of resources. Court orders and regulations prohibit male 
police from interacting with female suspects, but women were often 
detained and interrogated at regular stations. Instances of abuse of 
women in prisons were less frequent. Sexual abuse of child detainees by 
police or guards reportedly also was a problem.
    There were allegations from several sources that during military 
operations in South Waziristan security forces committed human rights 
violations. Security forces destroyed houses of known and suspected 
militants in accordance with the collective punishment provisions of 
the Frontier Crimes Regulations (see Sections 1.e. and 1.f.). Press 
reports indicated that 65 civilian casualties occurred during the 
course of the campaign; however, the Government took care to minimize 
casualties, including advance notification of impending operations.
    Police failed in some instances to protect members of religious 
minorities--particularly Christians, Ahmadis, and Shi'as--from societal 
attacks (see Sections 2.c. and 5).
    Prison conditions were extremely poor, except those for wealthy or 
influential prisoners. Overcrowding was widespread. According to HRCP, 
there were 85,000 prisoners occupying 87 jails originally built to hold 
a maximum of 36,075 persons. Nine prisoners died in the Faisalabad Jail 
due to a lack of medical assistance.
    Inadequate food in prisons 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 usually 
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 deportation to their 
home country.
    Shackling of prisoners was routine. The shackles used were tight, 
heavy, and painful, and reportedly led to gangrene and amputation in 
several cases.
    There were reports of prison riots. On September 2, a riot broke 
out in the Sargodha district jail following the death of an inmate, 
allegedly from torture. Four inmates were killed and six guards and 
several inmates were injured. Several guards were briefly held hostage. 
The riots ended when an autopsy showed that the inmate in question died 
of a heart attack rather than torture. In the Sialkot prison riot of 
July 2003, 17 police officials were charged. None had been arrested by 
year's end.
    Female detainees and prisoners were held separately from male 
detainees and prisoners. According to women's rights NGOs, there were 
approximately 3,000 women in jail nationwide at year's end. Pretrial 
detainees often were not segregated from convicted criminals.
    On December 5, the Lahore High Court struck down the Juvenile 
Justice System Ordinance, designed to protect the rights of children, 
on the grounds of being unconstitutionally vague. At year's end, the 
judgment remained in abeyance during appeals to the Supreme Court. 
Child offenders were generally kept in the same prisons as adults, 
albeit in separate barracks. Children in prison were subjected to the 
same harsh conditions, judicial delay, and mistreatment as the adult 
population. Local NGOs estimated 3,000 children were in prison at 
year's end. Child offenders could alternatively be sent to one of two 
residential reform schools in Karachi and Bahawalpur until they reached 
the age of majority. Abuse and torture reportedly also occurred at 
these facilities. Nutrition and education were inadequate. Family 
members were forced to pay bribes to visit children or bring them food. 
Facility staff reportedly trafficked drugs to children incarcerated in 
these institutions.
    Landlords in Sindh, political factions in Karachi, and tribes in 
rural areas operated private jails.
    The Government permitted visits to prisoners and detainees by human 
rights monitors, family members, and lawyers with some restrictions 
(see Section 1.d.). Visits by local human rights monitors occurred 
during the year; however, the International Committee of the Red Cross 
(ICRC) was denied access to alleged terrorist detainees.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, in practice the authorities did not 
always comply with the law. The District Coordinating Officer (DCO) may 
order preventive detention for up to 90 days; however, human rights 
monitors reported instances in which prisoners have been held in 
preventive detention for up to 6 months. Human rights organizations 
charged that a number of individuals affiliated with terrorist 
organizations were held in preventive detention indefinitely. Under the 
criminal code, police may hold a suspect in investigative detention for 
24 hours. A magistrate may permit continued detention for up to 14 days 
if necessary to complete the investigation. In corruption cases, the 
National Accountability Board (NAB) may hold suspects indefinitely, 
provided judicial concurrence is granted every 15 days (see Section 
1.e.).
    The police force was generally considered ineffective, abusive, and 
corrupt. Failure to punish abuses created a climate of impunity. Police 
and prison officials frequently used the threat of abuse to extort 
money from prisoners and their families. Police charged fees to 
register genuine complaints and accepted money for registering false 
complaints. Bribes to avoid charges were commonplace. Persons paid 
police to humiliate their opponents and to avenge their personal 
grievances. Corruption was most prominent among Station House Officers 
(SHO), who ran each precinct. Some reportedly operated arrest for 
ransom operations and established unsanctioned stations to increase 
illicit revenue collection.
    The 2002 Police Order was not fully implemented during the year. 
While the central government has allocated funding for the envisioned 
reforms, the national, provincial, and local police oversight bodies 
were not operating in most locations, ostensibly due to disputes 
between provincial and federal officials as to the scope of their 
authority.
    A First Information Report (FIR) is the legal basis for all 
arrests. Police are to issue FIRs provided complainants offer 
reasonable proof that a crime has been committed. A FIR allows police 
to detain a named suspect for 24 hours after which only a magistrate 
can order detention for an additional 14 days, and then only if police 
show such detention is material to the investigation. In practice, the 
authorities did not fully observe these limits on detention. FIRs were 
frequently issued without supporting evidence as part of harassment or 
intimidation. Police routinely did not seek magistrate approval for 
investigative detention and often held detainees without charge until a 
court challenged them. Incommunicado detention occurred (see Section 
1.c.). When asked, magistrates usually approved investigative detention 
without reference to its necessity. In cases of insufficient evidence, 
police and magistrates colluded to continue detention beyond the 14-day 
period provided in the law through the issuance of new FIRs. The police 
sometimes detained individuals arbitrarily without charge or on false 
charges to extort payment for their release. 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 FATA have a separate legal system, the Frontier Crimes 
Regulation, 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.
    The law stipulates that detainees must be brought to trial within 
30 days of their arrest. Under both the Hudood and standard criminal 
codes, there were bailable and non-bailable offenses. Bail pending 
trial is required for bailable offenses and permitted at a court's 
discretion for non-bailable offenses with sentences of less than 10 
years. In practice, judges denied bail at the request of police, the 
community, or on payment of bribes. In many cases, trials did not start 
until 6 months after the filing of charges, and in some cases 
individuals remained in pretrial detention for periods longer than the 
maximum sentence for the crime for which they were charged. HRCP 
estimated that 80 percent of the prison population was awaiting trial.
    In November, the Supreme Court granted bail to Asif Zardari, 
husband of former Prime Minister Benazir Bhutto, in the final of 
several outstanding cases against him. Zardari was released, but on 
December 21, a Karachi anti-terrorism court cancelled Zardari's bail in 
a separate murder case. He was rearrested at the Islamabad airport 
while on his way to address a political rally; however, after 24 hours 
of house arrest in Karachi, Zardari was again released and remained 
free on bail at year's end. The Pakistan People's Party-
Parliamentarians (PPPP) claimed all cases against Zardari were 
political and that the cancellation of his bail in December was ordered 
by the Government to prevent him from holding marches and rallies in 
Punjab.
    The Government permitted visits to prisoners and detainees by human 
rights monitors, family members, and lawyers (see Section 1.c.), with 
some restrictions. Courts appointed attorneys for indigents only in 
capital cases. In some cases persons had to pay bribes to see a 
prisoner. Foreign diplomats may meet with prisoners when they appear in 
court and may meet with citizens of their countries in prison visits. 
Local human rights activists reported few restrictions to their access 
to prisons.
    As in previous years, the Government used preventive detention, 
mass arrests, and excessive force to quell or prevent protests, 
political rallies, or civil unrest (see Section 2.b.).
    Several dozen MQM-H activists, arrested between 1999 and 2003 
remained in custody at year's end, some without charge.
    According to human rights monitors, 80 to 85 percent of the female 
prison population was awaiting trial on adultery related offenses under 
the Hudood Ordinances. Most of these cases were filed without 
supporting evidence, trials often took years, and bail was routinely 
denied.
    Special rules apply to cases brought by the NAB or before 
antiterrorist courts. Suspects in NAB cases may be detained for 15 days 
without charge (renewable with judicial concurrence) and, prior to 
being charged, are not allowed access to counsel. Accountability courts 
may not grant bail; the NAB chairman has sole power to decide if and 
when to release detainees. Anti-terrorist courts are not to grant bail 
if the court has reasonable grounds to believe that the accused is 
guilty. Amendments to the Anti-Terrorist Act that were passed by the 
National Assembly on October 18 allow security forces without reference 
to the courts to restrict the activities of terrorist suspects, seize 
their assets, and detain them for up to a year without charges.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice, the judiciary remained 
subject to executive branch influence at all levels. Lower courts 
remained corrupt, inefficient, and subject to pressure from prominent 
religious and political figures. The politicized nature of judicial 
promotions enhanced the Government's control over the court system. 
Unfulfilled judgeships and inefficient court procedures resulted in 
severe backlogs at both trial and appellate levels. In non-political 
cases, the High Courts and Supreme Court were generally considered 
credible.
    There are several court systems with overlapping and sometimes 
competing jurisdictions: Criminal; civil and personal status; 
terrorism; commercial; family; and military.
    The civil, criminal, and family court systems provide for an open 
trial, the presumption of innocence, cross-examination by an attorney, 
and appeal of sentences. There are no jury trials. Due to the limited 
number of judges, the heavy backlog of cases, lengthy court procedures, 
and political pressures, cases routinely took years, and defendants had 
to make frequent court appearances. Cases start over when an attorney 
changes.
    The Anti-Terrorist Act allows the Government to use special 
streamlined courts to try violent crimes, terrorist activities, acts or 
speech designed to foment religious hatred, and crimes against the 
State. Cases brought before these courts are to be decided within 7 
working days, but judges are free to extend the period as required. 
Under normal procedures, the High and Supreme Courts hear appeals from 
these courts. Human rights activists have criticized this expedited 
parallel system, charging it is more vulnerable to political 
manipulation.
    Special accountability courts try corruption cases (see Section 
1.d.), including defaults on government loans by wealthy debtors, 
brought by the NAB. The NAB has not targeted genuine business failures 
or small defaulters. Accountability courts are expected to try cases 
within 30 days. In accountability cases, there is a presumption of 
guilt.
    Despite government claims that NAB cases would be pursued 
independent of an individual's political affiliation, opposition 
politicians were more likely to be prosecuted (see Section 1.d.); 
however, in November, NAB issued orders for sitting Minister of Kashmir 
and Northern Areas Faisal Saleh Hayat to appear in court on corruption 
charges originally filed in 2000. NAB prosecuted no serving members of 
the military or judiciary.
    At the trial level, ordinary criminal courts hear cases involving 
violations of the Hudood ordinances, which criminalize nonmarital rape 
(see Section 5), extramarital sex, gambling, alcohol, and property 
offenses. The Hudood ordinances set strict standards of evidence, which 
discriminate between men and women and Muslims and non-Muslims, for 
cases in which Koranic punishments are to be applied (see Sections 1.c. 
and 5). For Hudood cases involving the lesser secular penalties, 
different weight is given to male and female testimony in matters 
involving financial obligations or future commitments.
    All Hudood convictions resulting in sentences of more than 2 years 
are appealed in first instance to the Federal Shariat Court. The 
Federal Shariat Court was subject to political and religious pressure. 
Attorneys in such cases must be Muslims familiar with Koranic law. The 
Shari'a bench of the Supreme Court hears appeals from the Federal 
Shariat Court. The Federal Shariat Court may overturn legislation that 
it judges to be inconsistent with Islamic tenants, but such cases are 
appealed and finally heard by the Shari'a bench of the Supreme Court.
    The Penal Code allows for the victim or his/her family to pardon 
criminal defendants in exchange for monetary restitution (Diyat) or 
physical restitution (Qisas). While Diyat was invoked, particularly in 
NWFP and in honor cases in Sindh, it was not known that Qisas have been 
used.
    Tribal leaders are responsible for justice in the FATA. They 
conduct hearings according to Islamic law and tribal custom. The 
accused have no right to legal representation, bail, or appeal. The 
usual penalties consisted of fines. Federal civil servants assigned to 
tribal agencies oversee proceedings and may impose prison terms of up 
to 14 years.
    Feudal landlords in Sindh and tribal leaders in Patan and Baloch 
areas continued to hold jirgas in defiance of the established legal 
system. Such jirgas, particularly prevalent in rural areas, settled 
feuds and imposed tribal penalties on perceived wrongdoers that could 
include fines, imprisonment, or even the death sentence. In Pashto 
areas, such jirgas were held under the outlines of the Pashtun Tribal 
Code. 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. Frequently, these disputes arose over women and land, and often 
resulted in violence (see Section 5). There were no developments in the 
killing of eight family members for failure to provide two girls in 
marriage in 2003. The eight suspects in the 2002 gang rape of Mukhtaran 
Bibi in Meerwalla, ordered by the tribal code, remained on death row.
    Some political groups claimed their members were marked for arrest 
based on their political affiliation (see Section 1.c. and 1.d.). On 
April 12, PML-N leader Javed Hashmi was convicted in closed proceedings 
on charges of sedition and sentenced to more than 20 years in prison. 
Hashmi was arrested in October 2003 for releasing an anonymous letter 
allegedly written by army officers that was critical of President 
Musharraf's leadership. Appeals were ongoing at year's end. Hashmi was 
permitted visits by numerous opposition and civil society leaders.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law requires court-issued search warrants for 
property but not persons, in most cases; however, police routinely 
ignored this requirement and at times stole items during searches. 
Police were seldom punished for illegal entry. In cases being pursued 
under the Antiterrorist Act, security forces were allowed to search and 
seize property related to the case without a warrant.
    The Government maintained several domestic intelligence services 
that monitored politicians, political activists, suspected terrorists, 
and suspected foreign intelligence agents. Despite a Supreme Court 
order, credible reports indicated that the authorities routinely used 
wiretaps and intercepted and opened mail without the requisite court 
approval.
    In accordance with the Anti-Terrorist Act, the Government banned 
the activities of and membership in several religious extremist and 
terrorist groups. However, many of the groups that the Government 
banned still remained active.
    While the Government generally did not interfere with the right to 
marry, local officials on occasion assisted influential families to 
prevent marriage the families opposed. 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. Upon conversion to Islam, women's marriages 
performed under the rites of their previous religion were considered 
dissolved, while the marriages of men who converted remained intact 
(see Section 2.c.).
    In some cases, the authorities 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 were intimidated and 
others practiced self-censorship.
    There were numerous English and Urdu daily and weekly newspapers 
and magazines. All were independent. The Ministry of Information 
controls and manages the country's primary wire service, the Associated 
Press of Pakistan (APP), which is the official carrier of Government 
and international news to the local media. The few small privately 
owned wire services practiced self-censorship. Foreign magazines and 
newspapers were available, and many maintained in-country 
correspondents who operated freely. Newspapers were free to criticize 
the Government, and most did. Condemnation of government policies and 
harsh criticism of political leaders and military operations were 
common. The only known retribution against a publication was denial of 
government advertising for several months to one English-language and 
one Urdu-language newspaper.
    The Government directly owned and controlled Pakistan Television 
and Radio Pakistan, the only national free electronic broadcasters. The 
semi-private Shalimar Television Network, in which the Government held 
the majority ownership stake, expanded its broadcast range during the 
year. All three reflected the Government point of view in news 
coverage. Private cable and satellite channels Geo, ARY, Indus, and 
Khyber all broadcast domestic news coverage and were critical of the 
Government. Cable and satellite television with numerous international 
news stations was generally affordable. Private radio stations existed 
in major cities, but their licenses prohibited news programming. Some 
channels evaded this restriction through talk shows, although they were 
careful to avoid most domestic political discussions. International 
radio broadcasts, including from the British Broadcasting Corporation 
and the Voice of America, were available.
    The Government arrested, harassed, and intimidated journalists 
during the year. For example, on January 29, the mayor of Mansehra in 
NWFP killed Sajid Tanoli, a reporter for the Urdu-language daily 
Shumaal (North) following a report in which Tanoli accused the mayor of 
alcohol smuggling. The mayor's brother and son were arrested as 
accomplices, but he remained at large. On April 21, Pakistani security 
forces detained and secretly held Afghan national Sami Yousafzai, a 
Newsweek stringer, who accompanied a western journalist to FATA. 
Yousafzai was released on June 2. Several local journalists were denied 
entry to the FATA during the year. On September 9, police in Okara 
district Punjab detained Sarwar Mujahid, a journalist with the Urdu-
language daily Nawa-i-Waqt, following a series of articles he wrote on 
the ongoing Okara Farms land dispute.
    On January 28, authorities brought to court on sedition and 
conspiracy charges carrying a possible life sentence freelance 
journalist Khawar Mehdi Rizvi, who was detained along with two western 
journalists in December 2003 and subsequently held incommunicado for 
over a month. After reviewing the charges, an anti-terrorism court in 
Quetta ordered him released on bail on March 29, and he remained free 
pending trial. In August, the Government dropped the original charges 
but filed new ones carrying a maximum sentence of 21 years. Trial on 
these charges was ongoing. Rizvi left the country in December.
    Several individual journalists were threatened and intimidated by 
government agencies for reports that called into question the 
Government's commitment to fight terrorism. Amir Mir, who was seriously 
harassed by the Government in 2003 for an article alleging that the 
Government condoned the presence of a terrorist suspect in Karachi, was 
able to republish the story in a book without incident.
    Extremist groups also harassed and physically assaulted 
journalists. For example, on February 24, a bomb exploded without 
causing personal injuries at the Quetta office of the daily Urdu-
language newspaper Jang. The separatist Baluchistan Liberation Army 
claimed responsibility. On February 29, Shi'a protesters ransacked the 
Karachi Press Club, injuring a guard, in retaliation for disparaging 
remarks made during a debate aired on the private television station 
Geo. Police blocked protesters from proceeding to Geo's Karachi 
studios. There were no developments in the 2003 killing of journalist 
Ameer Bux Brohi.
    The Government directly and indirectly censored the media during 
the year. For example, on May 9, satellite broadcaster ARY cancelled an 
interview with opposition politician Shahbaz Sharif due to what its 
executives termed ``huge government pressure.'' On October 12, 
Information Minister Sheikh Rashid publicly castigated satellite 
broadcasters for airing programs ``glorifying terrorists'' and 
threatened unspecified action. In response, ARY suspended its popular 
news program ``News and Views,'' which had aired a sympathetic report 
on deceased terrorist Amjad Farooqi. The program was restored on 
October 25. Media outlets also practiced self-censorship.
    On August 31, the Government shut down a new Urdu-language paper, 
the Islamabad Times, before it could bring out its first issue.
    Constitutional prohibitions on ridiculing Islam, the armed forces, 
and the judiciary and blasphemy laws have been used in the past to 
censor journalists, although there were no reports of the use of these 
provisions during the year. On November 11, the Peshawar High Court 
overturned the 2003 blasphemy conviction of Frontier Post copy editor 
Munnawar Mohsin Ali, and he was released. Many private media 
organizations were dependent on government advertising revenue, and two 
major anti-government newspapers were denied government advertising for 
several months.
    Unlike in previous years, there were no reports of the Government 
denying visas to Indian journalists.
    An Anti-Defamation Law passed during the year significantly 
expanded the definition of and increased penalties for defamatory 
statements. The Government claimed the Bill's language exempted members 
of the media, and no member of the media had been prosecuted under the 
new law.
    The Anti-Terrorist Act prohibits the possession or distribution of 
material designed to foment sectarian hatred or obtained from banned 
organizations. Court rulings mandate the death sentence for anyone 
blaspheming against the ``prophets.'' The Penal Code provides for 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.)
    Foreign books must pass government censors before being reprinted. 
Books and magazines may be imported freely, but are subject to 
censorship for objectionable sexual or religious content. During the 
year, an Islamabad magistrate ordered the November 22 issue of Newsweek 
destroyed due to objectionable photos accompanying an article on the 
murder of Dutch national Theo Van Gogh.
    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. During the year, police cracked down on pornographic and 
unlicensed cinemas in the NWFP.
    The Government limited access to the Internet. Access to the South 
Asian Tribune, an anti-government online magazine, was blocked 
sporadically.
    The Government generally did not restrict academic freedom. 
However, the atmosphere of violence and intolerance fostered by student 
organizations, typically tied to religious political parties, continued 
to limit academic freedom. On some university campuses, well-armed 
groups of students, primarily from radical religious organizations, had 
clashes with and intimidated other students, instructors, and 
administrators over issues such as language, syllabus content, 
examination policies, grades, doctrines, and dress. These groups 
frequently facilitated cheating on examinations, interfered with the 
hiring of staff, controlled those admitted to the universities, and 
sometimes also controlled the funds of the institutions. Such control 
generally was achieved through a combination of protest rallies, 
control of the campus media, and threats of mass violence. In response, 
university authorities banned political activity on many campuses, but 
with limited effect.

    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,'' and the Government generally observed this right, but with 
some restrictions. While the Government allowed numerous opposition 
rallies and demonstrations to proceed during the year, at times, it 
denied permits or imposed restrictions on timing and/or venue. For 
example, the Jamaat-e-Islami was forced to move its annual September 
gathering from Lahore to the outskirts of Peshawar when its initial 
permit application was denied. Ahmadis have been prohibited from 
holding any conferences or gatherings since 1984 (see Section 2.c.). In 
the wake of renewed sectarian violence in October, the Government 
banned religious extremist organizations from holding any public 
gatherings.
    Police sometimes used excessive force against demonstrators (see 
Section 1.a.). For example, on August 20, police used tear gas and shot 
in the air to disperse Christian protestors in Sheikhupura who were 
angered over the death in custody of Nasir Masih. A woman passerby was 
injured. The Government did not prosecute any members of the security 
forces, nor was it likely to do so. On December 21, police used batons 
and tear gas to disperse a PPPP crowd gathered at the Islamabad 
International Airport to meet Asif Zardari. The crowd had started to 
vandalize airport property when it became clear that Zardari had been 
rearrested. The PPPP claimed police action was designed to prevent its 
holding rallies and marches in Punjab Province.
    The authorities sometimes prevented leaders of religious political 
parties from traveling to certain areas if the authorities believed 
their presence would increase sectarian tensions or cause public 
violence (see Section 2.d.).
    The Constitution provides for the right of association subject to 
restriction by government ordinance and law. NGOs were required to 
register with the Government under the Cooperative Societies and 
Companies Ordinance of 1960. No prominent NGO reported problems with 
the Government over registrations during the year. Some continued to 
operate without registering and were not prosecuted.

    c. Freedom of Religion.--The Constitution states that adequate 
provisions shall be made for minorities to profess and practice their 
religions freely; however, the Government limited freedom of religion. 
Islam is the state religion. The Constitution requires that laws be 
consistent with Islam. All citizens were subject to certain provisions 
of Shari'a, such as the blasphemy laws. Reprisals and threats of 
reprisals against suspected converts from Islam occurred. Members of 
religious minorities were subject to violence and harassment, and 
police at times refused to prevent such actions or to charge persons 
who committed them. 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).
    Religious groups must be approved and registered; there were no 
reports that the Government refused to register any group.
    The Constitution declares the Ahmadi community, which considers 
itself a Muslim sect, to be a non-Muslim minority. Provisions of the 
penal code prohibited Ahmadis from engaging in any Muslim practices, 
including using Muslim greetings, referring to their places of worship 
as mosques, reciting Islamic prayers, and participating in the Hajj or 
Ramadan fast. Ahmadis are prohibited from proselytizing, holding 
gatherings, or distributing literature. Government forms, including 
passport applications and voter registration documents, require anyone 
wishing to be listed as a Muslim to denounce the founder of the Ahmadi 
faith. Ahmadis were frequently discriminated against in government 
hiring and in admission to government schools.
    Complaints under the blasphemy laws, which prohibit derogatory 
statements or action against Islam, the Koran, or the prophets, were 
used to settle business or personal disputes and to harass religious 
minorities or reform-minded Muslims. Most complaints were filed against 
the majority Sunni Muslim community. Most blasphemy cases were 
ultimately dismissed at the appellate level; however, the accused often 
remained in jail for years awaiting a final verdict. Trial courts were 
reluctant to release on bail or acquit blasphemy defendants for fear of 
violence from religious extremist groups. On October 26, the National 
Assembly passed a bill that revises the complaint process and requires 
senior police officials' review of such cases in an effort to eliminate 
spurious charge. During the year, there were 8 persons convicted under 
the blasphemy laws and another 50 ongoing cases.
    All religious groups experienced bureaucratic delays and requests 
for bribes when attempting to build houses of worship or to obtain 
land. Ahmadis were prevented from building houses of worship. For 
example, in Taltay Aali, Gujranwla District, the Ahmadi community was 
barred from completing construction, following attacks on the site by 
local Muslims.
    ``Islamiyyat'' (Islamic studies) is compulsory for all Muslim 
students in state-run schools. Students of other faiths are exempt from 
such classes; however, in practice, teachers induced many non-Muslim 
students to complete Islamic studies.
    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.
    Sectarian violence between Sunni and Shi'a extremists continued 
during the year. Attacks on mosques and religious gatherings resulted 
in over 100 deaths (see Sections 1.a. and 5). Unidentified gunmen 
allegedly linked to Sunni extremist groups continued to kill Shi'a 
professionals, primarily doctors and lawyers, during the year. 
Investigations into the 2003 attack on a Shi'a mosque in Quetta were 
ongoing.
    Christians and Ahmadis were the targets of religious violence. On 
August 21, unknown assailants shot and killed Barkatullah Mangla, an 
Ahmadi advocate, at his residence in Sargodah. No one was arrested in 
the case. On May 2 in a Faisalabad hospital, Javed Anjum, a 19-year-old 
Christian, died. Anjum had drunk water from a tap at a local madrassa 
and was held by the teachers and students for 5 days and allegedly 
beaten. Subsequently, he was transferred to police and charged with 
theft. Because of his injuries, police later transferred him to the 
hospital in Faisalabad where he died. No arrests had been made by 
year's end. On August 3, a Christian, Tasneem Dean, and his family 
relocated from their home in Asafabad for fear of violence from the 
local Muslim community. Dean's 11-year-old daughter had accidentally 
thrown her father's antique copy of the Koran in the garbage. While the 
community's Islamic religious leaders accepted the Deans' explanation 
that the incident was an accident, local authorities advised Dean to 
depart, as they could not ensure his safety from extremist elements.
    Islamic religious leaders frequently harassed the Ahmadi community 
and organized marches, conferences, and demonstrations against it. For 
example, on July 23, several thousand Sunni Muslims demonstrated in the 
Ahmadi-majority city of Chenab Nagar (Rabwah) over a decision to 
relocate the local police station. The station, which had included a 
small mosque, had been constructed on land on loan from the Ahmadi 
community. The local Islamic leadership objected to the return of the 
mosque site to the Ahmadi owners. On September 6, the provincial 
government, bowing to public pressure, ordered the site returned to 
police.
    On September 25, a Muslim mob attacked the Sikh Gurudwara Junam 
Asthan in the village of Nankana Sahib, causing damage to the shrine. A 
government report, which stated that the land on which the Guru Nanak 
Degree College was located rightfully belonged to the Gurudwara, 
angered the mob. The National Assembly called on the Punjab provincial 
government to prosecute those responsible. Several persons were 
arrested in connection with the case.
    The Ahmadi, Christian, Hindu, and Shi'a Muslim communities reported 
significant discrimination in employment and access to education, 
including at government institutions.
    For a more detailed discussion, see the 2004 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.). Special 
permission was required to enter certain restricted areas, including 
parts of the FATA.
    Law prohibited travel to Israel. Government employees and students 
must obtain ``no objection'' certificates before traveling abroad, 
although this requirement rarely was enforced against students. Persons 
on the publicly available Exit Control List (ECL) are prohibited from 
foreign travel. There were approximately 2,153 names on the ECL. While 
the ECL was intended to prevent those with pending criminal cases from 
traveling abroad, no judicial action is required to add a name to the 
ECL. Those on the list have the right to appeal for removal to the 
Secretary of Interior and the Advocate General of the Senior Judiciary. 
Courts have intervened to have opposition leaders removed from the ECL.
    The Constitution prohibits forced exile; however, former Prime 
Minister Nawaz Sharif remained in exile in Saudi Arabia, in accordance 
with a 2000 agreement with the Government. Former Prime Minister 
Benazir Bhutto remained in self-imposed exile. She faces a number of 
corruption and contempt of court charges should she return to the 
country. In May, Shahbaz Sharif, PML-N President and brother of the 
deposed former Prime Minister, returned to Saudi Arabia only 2 hours 
after he landed in Lahore. Sharif asserted that he was forced into 
exile.
    According to press reports there were approximately 1.5 million 
displaced Kashmiris, from Indian-held Kashmir, in the country. Under 
the law, the Kashmiris are entitled to the same rights as citizens.
    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; however, the Government has a 
system to protect refugees. The Government provided protection against 
refoulement, the return of persons to a country where they feared 
persecution. Since 1979, the Government has provided temporary 
protection to millions of refugees from neighboring Afghanistan. The 
Government maintained there were 3.2 million Afghan refugees in the 
country at year's end. The Government continued to work closely with 
the United Nations High Commission for Refugees (UNHCR) to provide 
support to this population. The Government cooperated with UNHCR in the 
voluntary repatriation of 384,032 Afghan refugees during the year.
    Police in some cases demanded bribes from Afghan refugees. There 
were credible reports that intelligence communities harassed refugees 
during their search for al-Qa'ida. Some women refugees who accepted 
jobs with NGOs reported harassment from Taliban sympathizers in their 
own community. Refugees faced societal discrimination and abuse from 
local communities, which resented economic competition and blamed 
refugees for high crime rates. Single women, female-headed households, 
and children working on the streets were particularly vulnerable to 
abuse. In November, Afghan refugees attacked health clinics in the 
Girdi Jungle refugee camps run by Save the Children after desecrated 
Korans were found outside the buildings. Save the Children temporarily 
suspended its operations in the camp until the Government provided 
enhanced security.
    Approximately 300,000 Biharis, Urdu-speaking non-Bengali Muslims 
from Bangladesh, continued to campaign for resettlement in the country.
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; however, this right was restricted in practice. President 
Musharraf has controlled the Government since 1999 and dominated the 
Pakistan Muslim League (PML) federal coalition government. 
International observers deemed the 2002 national elections somewhat 
free and fair, although they noted serious flaws.
    Chief of Army Staff General Pervez Musharraf assumed the presidency 
by decree in 2001 following the military overthrow of the elected 
government of Prime Minister Nawaz Sharif in 1999. The Supreme Court 
later sanctioned the coup; however, it directed Musharraf to restore 
elected government within 3 years. In 2002, President Musharraf held a 
nationwide referendum on a 5-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. The Supreme Court ruled that the 
referendum was constitutional; however, the court allowed the results 
to be revisited by an elected parliament. In December 2003, the 
National Assembly affirmed Musharraf as President until 2007.
    Elections were held for the National and Provincial Assemblies in 
October 2002. Musharraf's Legal Framework Order (LFO) created a number 
of new candidate eligibility prerequisites. International and domestic 
observers found the election somewhat free and fair, but identified 
serious flaws in the election framework and tampering with results in 
certain districts. After a number of floor crossings, which the 
opposition claim were induced, the PML was able to form a governing 
coalition in concert with the MQM, smaller parties, and dissident 
groups from opposition parties. In February 2003, indirect Senate 
elections resulted in a majority for the governing coalition. In 
December 2003, the Parliament incorporated a large part of the LFO into 
the 1973 Constitution as its 17th Amendment. The Amendment affirms 
Musharraf's presidency until 2007 and exempts him from a prohibition on 
holding two offices of state until the end of 2004, thereby allowing 
him to continue as Chief of Army Staff. The Amendment allows the 
President to dissolve Parliament, but requires him to obtain the 
consent of the Supreme Court within 30 days. Opposition parties say the 
amended constitution legitimizes the powerful role of the military in 
politics, and transfers significant powers from the prime ministership 
to the previously ceremonial presidency. On October 15, the National 
Assembly, over objections from all opposition parties, approved a bill 
that extends Musharraf's exemption to hold two offices through 2007. On 
December 30, Musharraf announced that he would continue as Chief of 
Army Staff.
    The National Assembly and the Cabinet functioned normally during 
the year. On June 26, Prime Minister Mir Zafarullah Khan Jamali 
resigned, and was replaced on an interim basis by Chaudhry Shujaat 
Hussain. On August 27, the National Assembly elected the PML candidate, 
former Finance Minister Shaukat Aziz, as Prime Minister, although all 
opposition parties boycotted the vote because their candidate, PML(N) 
leader Javed Hashmi, was not allowed to appear at the Assembly, having 
been convicted of sedition. Opposition parties criticized Aziz's 
election to the National Assembly, claiming his two by-election 
victories to the National Assembly on August 18 were fraudulent. 
Domestic and international observers found irregularities but concluded 
the elections were generally free, fair, and credible.
    President Musharraf continued to back reforms proposed by the 
National Reconstruction Bureau to empower local governments. In 2001, 
non-partisan elections for local government assemblies were held in 97 
districts. Directly elected union councilors elected district nazims 
(mayors) and members of district councils. According to local and 
international election observers, the elections were generally free and 
fair. However, opposition parties accused the Government of intervening 
to ensure that pro-Musharraf candidates were elected.
    The Government permitted all existing political parties to 
function. The Government forced the PPP-P and PML-N to elect leaders 
other than former P.M.s Benazir Bhutto and Nawaz Sharif by refusing to 
register any parties whose leaders had a court conviction. The amended 
Political Parties Act bars any person from becoming Prime Minister for 
a third time, effectively barring Benazir Bhutto and Nawaz Sharif.
    The opposition claimed the Government convicted two of its leaders 
on politically motivated charges during the year. On April 12, PML-N 
leader Javed Hashmi was convicted in closed proceedings on charges of 
sedition and sentenced to more than 20 years in prison (see Section 
1.e.). Former PPP National Assembly Speaker Yousaf Raza Gillani was 
sentenced to 10 years in prison on September 18 on charges of abuse of 
office. Gillani was accused of using his position as Speaker to obtain 
jobs for relatives and supporters.
    The Government ban on political party activities in the FATA 
continued. Candidates were not allowed to register by political party, 
and political party rallies were not allowed. Several political parties 
campaigned covertly during the 2002 national elections.
    Corruption among executive and legislative branch officials 
remained a problem during the year, and public perception of corruption 
was widespread.
    The National Accountability Ordinance (NAO) prohibits those 
convicted of corruption by the NAB from holding political office for 10 
years (see Section 1.d.). The NAB disproportionately targeted 
opposition politicians for prosecution and did not prosecute members of 
the military.
    While fairly restrictive regarding the information that citizens 
are entitled to, a Freedom of Information Ordinance became law after 
being enacted by Presidential Ordinance in 2002.
    Inhabitants of the Northern Areas (Gilgit and Baltistan) are not 
covered under the Constitution and have no representation in the 
federal legislature. An appointed civil servant administered these 
areas; an elected Northern Areas Council serves in an advisory 
capacity. Members of the Azad Kashmir assembly and government are 
required to claim allegiance to Pakistan before they can stand in 
elections. Some Kashmiri political parties advocated for an independent 
Kashmir and have therefore not been allowed to stand in provincial 
elections.
    There were 73 women in the 342-seat National Assembly; there were 
five women in the Cabinet; and none in the Supreme Court. Sixty seats 
in the National Assembly are reserved for women, as are 128 of the 758 
seats in provincial assemblies and one-third of the seats in local 
councils. In some districts, social and religious conservatives 
prevented women from becoming candidates; however, in several 
districts, female candidates were elected unopposed. Women participated 
in large numbers in elections, although some were dissuaded from voting 
by their families, religious and tribal leaders, and social customs. 
Local leaders in the Lower Dir District in the NWFP did not allow women 
to contest the local government by-elections in March. As a result of 
this agreement and similar ones from the past, 196 of 204 seats 
reserved for women in the local council remained vacant. A similar ban 
was also agreed in part of Swabi and other NWFP districts. Provincial 
chief ministers have named women to serve in their cabinets.
    There were 10 minorities in the 342-seat legislature; there was 
none in the Cabinet; and there was 1 on the Supreme Court. All 10 
minority members of the National Assembly hold reserved religious 
minority seats. Such seats are apportioned to parties based on the 
overall percentage of elected seats held in parliament. Previous direct 
elections for minority seats have been abolished. Under the 
Constitution, minorities also have reserved seats in the provincial 
assemblies (see Section 2.c.). The Government requires voters to 
indicate their religion when registering.
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. They are required to 
be registered, although this requirement was not generally enforced. 
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 HRCP continued to investigate human 
rights abuses and sponsor discussions on human rights issues during the 
year.
    International observers were permitted to visit the country and 
travel freely. The Government generally cooperated with international 
governmental human rights organizations. The ICRC had a delegation in 
country.
    The National Assembly Standing Committee on Law, Justice, and Human 
Rights held hearings on a number of issues during the year, including 
honor crimes, the Anti-Defamation Law, the Blasphemy Law, and the 
Hudood Ordinance. While the Committee served as a useful forum to raise 
public awareness of such issues, its final action generally adhered to 
government policy. The Senate Standing Committee on Law, Justice, and 
Human Rights debated a number of issues of significant concern during 
the year and published a well-regarded investigatory report into the 
2002 and 2003 dispute at Okara Farms in which security force personnel 
were implicated in abuse. The Parliamentarians Commission for Human 
Rights, an inter-party caucus of parliamentarians, was active in 
lobbying for reform in key areas.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equality before the law for all 
citizens and broadly prohibits 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. 
Husbands frequently beat, and occasionally killed, their wives, and 
often newly married women were abused and harassed by their in-laws. 
Dowry and family-related disputes often resulted in death or 
disfigurement through burning or acid. For example, on July 9, in 
Latifabad, Musa Khan threw acid on the face of his estranged wife 
Basira. A case against him was pending at year's end. During the year, 
there were 193 cases of stove deaths, many of these related to disputes 
with in-laws.
    According to the HRCP, one out of every two women was the victim of 
mental or physical violence. The National Commission on the Status of 
Women has called for specific domestic violence legislation. In its 
absence, abusers may be charged with assault, but cases rarely were 
filed. Police and judges were reluctant to take action in domestic 
violence cases, viewing it as a family problem. Battered women were 
usually returned to their abusive family members. Women were reluctant 
to pursue charges because of the stigma attached to divorce and their 
economic and psychological dependence on relatives. Relatives were 
reluctant to report abuse for fear of dishonoring the family 
reputation.
    The Government has criticized violence against women. Its Crisis 
Center for Women in Distress refers abused women to NGOs for 
assistance. During the year, the NGO Struggle for Change, which 
operated a shelter for abused women, provided rehabilitation assistance 
(shelter, employment counseling, and legal aid) to 67 women. An 
additional 157 women received legal or financial assistance. Provincial 
governments operated shelters for women in distress at the district 
level. In some cases, managers of such shelters have abused women in 
their care. For example, in August, the manager of the shelter in 
Hyderabad was suspended after three women at the shelter were tortured 
when they refused to work for her as prostitutes. The case was pending 
at year's end.
    Rape, other than by one's spouse, is a criminal offense. One cannot 
be prosecuted for marital rape or for rape in cases where a marriage 
between the perpetrator and victim has been contracted but not 
solemnized. Although rape was widespread, prosecutions were rare. It is 
estimated that less than one-third of rape cases were reported to the 
police. Police were at times implicated in the crime (see Section 
1.c.).
    Many rape victims were pressured to drop charges. Police and 
prosecutors often threatened to charge a victim with adultery or 
fornication if she could not prove the absence of consent, and there 
were cases in which rape victims were jailed on such charges. The 
standard of proof for rape set out in the Hudood Ordinances is based on 
whether the accused is to be subjected to Koranic or secular 
punishment. In cases of Koranic punishment, which can result in public 
flogging or stoning, the victim must produce four adult male Muslim 
witnesses to the rape or a confession from the accused. No Koranic 
punishment has ever been applied for rape. The standards of proof are 
lower for secular punishment, which can include up to 25 years in 
prison and 30 lashes. Such punishment was applied. Courts, police and 
prosecutors, at times, refused to bring rape cases when Koranic 
standards of evidence could not be met.
    Police frequently discouraged women from bringing rape charges and 
often abused or threatened the victim, telling her to drop the case, 
especially when bribed by the accused. Police requested bribes from 
some victims prior to lodging rape charges, and investigations were 
often superficial. Medical personnel were generally untrained in 
collection of rape evidence and were at times physically or verbally 
abusive to victims, accusing them of adultery or fornication. Women 
accused of adultery or fornication were forced to submit to medical 
exams against their will even though the law requires their consent. 
Judges were reluctant to convict rapists, applied varying standards of 
proof, and, at times, threatened to convict the victim for adultery or 
fornication rather than the accused for rape. Families and tribes, at 
times, killed rape victims or encouraged them to commit suicide.
    Husbands and male family members often brought spurious adultery 
and fornication charges against women under the Hudood Ordinances. Even 
when courts ultimately dismissed charges, the accused spent months, 
sometimes years, in jail and saw her reputation destroyed. The 
Government's National Commission on the Status of Women advocated for 
the repeal of the Hudood Ordinances. On October 26, the National 
Assembly adopted legislation that requires senior police officials to 
evaluate the merits of adultery and fornication allegations and 
requires a court order before a woman can be arrested on such charges.
    Honor killings and mutilations occurred during the year (see 
Section 1.a.). Women were often the victims at the hands of their 
husbands or male relatives. Authorities reported 1,261 honor crimes in 
the 12 months after June 2003, with the majority in Sindh. The practice 
was also common in Punjab and among tribes in Baluchistan, NWFP, and 
FATA. On October 26, the National Assembly adopted legislation that 
provides for additional penalties for all crimes involving honor and 
that restricts the right of victims or heirs to pardon perpetrators in 
exchange for restitution.
    The estimated 100,000 Bohra Muslims in country practiced female 
genital mutilation (FGM). While no statistics on the prevalence of FGM 
among the Bohras exist, the practice reportedly has declined.
    Sexual harassment was a widespread problem. While the Pakistan 
Penal Code prohibits harassment, prosecution was rare.
    The Constitution prohibits discrimination on the basis of sex; 
however, in practice, this provision was not enforced. Women faced 
discrimination in family law, property law, and in the judicial system 
(see Section 2.c.). The Hudood Ordinances create judicial 
discrimination against women. Women's testimony in cases involving 
proposed Koranic punishment was considered invalid or discounted 
significantly. In other cases involving property matters or questions 
of future obligations, a woman's testimony is equal to half that of a 
man.
    Family law provides protections for women in cases of divorce, 
including requirements for maintenance, and lays out clear guidelines 
for custody of minor children and their maintenance. In practice, many 
women were unaware of these legal protections or unable to obtain legal 
counsel to enforce them. Divorced women were often left with no means 
of support and were ostracized by their families. While prohibited by 
law, the practice of buying and selling brides continued in rural 
areas. Women are legally free to marry without family consent, but 
women who did so were often ostracized or were the victims of honor 
crimes.
    Inheritance law discriminates against women. Female children are 
entitled to only half the inheritance of male children. Wives inherit 
only one-eighth of their husband's estate. Women often received far 
less than their legal inheritance entitlement. In rural Sindh, 
landowning families continued the practice of ``Koranic marriages'' in 
an effort to avoid division of property. Property of women married to 
the Koran remains under the legal control of their father, or eldest 
brother, and such women are prohibited from contact with any male over 
14.
    Women faced significant discrimination in employment and were 
frequently paid less than men for similar work. In many rural areas of 
the country, strong societal pressure prevented women from working 
outside the home. Some tribes continued the traditional practice of 
sequestering women from all contact with males other than relatives.
    The Government's Ministry for the Advancement of Women lacked 
sufficient staff and resources to function effectively. Continuing 
government inaction in filling vacant seats on the National Commission 
for the Status of Women hampered its efficacy.
    Numerous women's rights groups such as the Progressive Women's 
Association, Struggle for Change, and Aurat Foundation, were active in 
urban areas. Primary issues of concern included domestic violence, the 
Hudood Ordinances, and honor crimes.

    Children.--The Government does not demonstrate a strong commitment 
to children's rights and welfare through its laws and programs. There 
is no federal law on compulsory education. Public education is free; 
however, fees were charged for books, supplies, and uniforms. Public 
schools, particularly beyond the primary grades, were not available in 
many rural areas, leading parents to use the parallel private Islamic 
school (madrassa) system. In urban areas, many parents sent children to 
private schools due to the lack of facilities and poor quality of 
education offered by the public system.
    According to a foreign aid organization, out of 18 million children 
between ages 5 and 9, only 42 percent were in school. Less than half of 
children who enrolled completed more than 5 years of education. Out of 
every 100 children who enrolled, only 6 complete grade 12. The national 
literacy rate of 38 percent showed a significant gap between males (50 
percent) and females (24 percent) due to historical discrimination 
against educating girls. While anecdotal evidence suggested increasing 
female participation in education, such discrimination continued, 
particularly in rural areas.
    Madrassas served as an alternative to the public school system in 
many areas. Many madrassas failed to provide an adequate education, 
focusing solely on Islamic studies. Graduates were often unable to find 
employment. A few madrassas, particularly in the Afghan border area, 
reportedly continued to teach religious extremism and violence. The 
Government continued its efforts to modernize madrassa education during 
the year. An agreement was reached with the country's five independent 
madrassa boards to register the 85 percent of madrassas under their 
control and to introduce a modern educational curriculum. Government 
funding has been allocated in the budget to assist with teacher 
training.
    At the vast majority of madrassas, students were reasonably well-
treated. However, press reports claimed that there were some madrassas 
where children were confined illegally, kept in unhealthy conditions, 
and physically or sexually abused.
    Child health care services remained seriously inadequate. 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. While boys and 
girls had equal access to government facilities, families were more 
likely to seek medical assistance for boys.
    Child abuse was widespread. According to child rights NGOs, abuse 
was most common within families. In rural areas, poor parents sold 
children as bonded laborers (see Section 6.d.) and at times, sold 
daughters to be raped by landlords.
    Trafficking and commercial sexual exploitation were problems (see 
Section 5, Trafficking).
    Child labor was a significant problem (see Section 6.d.).
    NGOs like Sahil and Rozan worked on child labor, child sexual 
abuse, and child trafficking. NGOs played an important role in 
providing counseling and medical services to victims and in raising 
awareness of these problems.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking in persons was a serious problem. All forms of 
trafficking are prohibited under the Prevention and Control of Human 
Trafficking, Ordinance 2002, and maximum penalties range from 7 to 14 
years' imprisonment plus fines. The Government arrested 67 and 
prosecuted 39 under the ordinance during the year. The Federal 
Investigation Agency (FIA) had primary responsibility for combating 
trafficking. The Government established a dedicated Anti-Trafficking 
Unit in the FIA during the year. An Inter-Ministerial Committee on 
Human Trafficking and Smuggling coordinated federal efforts. The 
Government assisted other countries with international investigations 
of trafficking.
    Although no accurate statistics on trafficking existed, the country 
was a source, transit, and destination country for trafficked persons. 
Women and girls were trafficked from Bangladesh, Afghanistan, Iran, 
Burma, Nepal, and Central Asia for forced commercial sexual 
exploitation and bonded labor in the country based on erroneous 
promises of legitimate jobs. In a similar fashion, men and women were 
trafficked from the country to the Middle East to work as bonded 
laborers or in domestic servitude. Upon arrival, both groups had 
passports confiscated and were forced to work to pay off their 
transportation debt. Although the practice declined, families continued 
to sell young boys between ages 3 and 10 for use as camel jockeys in 
Middle Eastern countries. Women and children from rural areas were 
trafficked to urban centers for commercial sexual exploitation and 
labor. In some cases, families sold these victims into servitude, while 
in other cases they were kidnapped. Women were trafficked from East 
Asian countries and Bangladesh to the Middle East via the country. 
Traffickers bribed police and immigration officials to facilitate 
passage. During the year, authorities prosecuted 17 governmental 
officers and arrested 3 FIA inspectors.
    The Government rescued some kidnapped victims. In the 14 months 
following June 2003, the Overseas Pakistani Foundation and the Ansar 
Burney Welfare Trust repatriated 5,700 citizens trafficked to the 
Middle East. The Government sponsored 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. The FIA and the International Organization for 
Migration held training and seminars on trafficking for government 
officials and NGOs during the year. The Interior Minister was 
personally engaged in such efforts. Very few NGOs dealt specifically 
with trafficking; however, many local and provincial NGOs provided 
shelter to victims of trafficking and those at risk for trafficking.
    Police often treated trafficking victims as criminals, charging 
them with immigration law violations. Police remained reluctant to 
assist foreign trafficking victims in filing charges. Women victims who 
were forced into prostitution at times feared prosecution for adultery 
and fornication if they pursued cases. Foreign victims, particularly 
Bangladeshis, faced difficulties in obtaining repatriation to their 
home countries. Women trafficked abroad and sexually exploited faced 
societal discrimination on their repatriation.
    A few NGOs held workshops on trafficking during the year, and the 
Government and NGOs worked to publicize the plight of camel jockeys and 
discourage the continuation of the practice.

    Persons With Disabilities.--The Government has not enacted 
legislation or otherwise mandated access to buildings or government 
services for persons with disabilities. Families cared for the vast 
majority of persons with physical and mental disabilities. However, in 
some cases, these individuals were forced into begging; organized 
criminals took much of the proceeds. 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 uses funds for persons with disabilities. This obligation was 
rarely enforced. The National Council for the Rehabilitation of the 
Disabled provided some job placement and loan facilities. Mentally ill 
prisoners normally lacked adequate care and were not segregated from 
the general prison population (see Section 1.c.).

    Other Societal Abuses and Discrimination.--Homosexual intercourse 
is a criminal offence; however, prosecution was rare. Homosexuals did 
not openly reveal their sexual orientation, and there were no 
allegations during the year of discrimination on the basis of sexual 
orientation.
    Those suffering from HIV/AIDS faced broad societal discrimination. 
While the Government has launched education and prevention campaigns, 
these have done little to protect victims.
    The Shi'a, Christian, Hindu, and Ahmadi communities all faced 
discrimination and societal violence (see Section 2.c.).
Section 6. Worker Rights
    a. The Right of Association.--The Industrial Relations Ordinance 
(IRO) provides industrial workers the right to form trade unions. The 
Essential Services Maintenance Act (ESMA), which applies to the 
security forces, most of the civil service, health care workers, and 
safety and security personnel at petroleum companies, airports, and 
seaports, was often invoked to limit or ban strikes or curtail 
collective bargaining rights. Agricultural workers, non-profit workers, 
and teachers, among others, are not afforded the right to unionize. 
According to government estimates, union members were approximately 10 
percent of the industrial labor force and 3 percent of the total 
estimated work force; however, unions claimed that the number of union 
members was underestimated.

    b. The Right to Organize and Bargain Collectively.--In those 
sectors covered by the IRO, unions were allowed to conduct their 
activities without government interference. The IRO protects the right 
to collective bargaining subject to restrictions, but limits the right 
of unions to strike. The IRO allows only one union to serve as the 
collective bargaining agent within a given establishment, group of 
establishments, or industry. In cases where more than one union exists, 
the IRO establishes a secret balloting procedure to determine which 
union shall be registered as agent.
    Legally required conciliation proceedings and cooling-off periods 
constrain the right to strike, as does the Government's authority to 
end any strike that may cause ``serious hardship to the community,'' 
prejudice the national interest, or has continued for 30 days. The 
Government can and has prohibited all strikes by public utility 
services under the IRO. The law prohibits employers from seeking 
retribution against leaders of a legal strike and stipulates fines for 
offenders. The law does not protect leaders of illegal strikes. Several 
small strikes occurred during the year. For example, in October, 
Pakistan Telecommunications workers' unions held intermittent strikes 
of brief duration in cities around the country demanding increased 
wages and better regulation of the use of contract workers. The strikes 
ceased after the Government termed them illegal.
    National labor laws require the Government to determine every 6 
months whether collective bargaining is to be allowed. In cases where 
collective bargaining was prohibited, special wage boards decided wage 
levels. Such boards were established at the provincial level and were 
composed of representatives from industry, labor, and the provincial 
labor ministry. Unions generally were dissatisfied with the boards' 
findings. Disputes were adjudicated before the National Industrial 
Relations Commission.
    The estimated 12,500 employees working in Pakistan's three Export 
Processing Zones (EPZs) are exempted by the ESMA from the protection 
and right to form trade unions provided by the IRO. The Export 
Processing Zone Authority drafts labor laws within the EPZs.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
law prohibit forced or bonded labor, including by children; however, 
the Government did not enforce these prohibitions effectively. The 
Bonded Labor System (Abolition) Act (BLAA) outlaws bonded labor, 
cancels all existing bonded debts, and forbids lawsuits for the 
recovery of such debts. The Act makes bonded labor by children 
punishable by up to 5 years in prison and up to $833 (Rs. 50,000) in 
fines.
    Conservative estimates put the number of bonded workers at several 
million. Such labor was common in the brick, glass, carpet, and fishing 
industries, and was found among agricultural and construction workers 
in rural areas. A large proportion of bonded laborers were low-caste 
Hindus, or Muslim and Christian descendants of low-caste Hindus. Bonded 
laborers were often unable to determine when their debts were fully 
paid. Those who escaped often faced retaliation from former employers. 
Some bonded laborers returned to their former status after being freed 
due to a lack of alternative livelihoods. Although the police arrested 
violators of the law against bonded labor, many such individuals bribed 
the police to release them. Human rights groups reported that landlords 
in rural Sindh maintained as many as 50 private jails housing some 
4,500 bonded laborers. Ties between such landlords and influential 
politicians hampered effective elimination of bonded labor.
    The Constitution and the law prohibit slavery; however, human 
rights groups claimed that in remote areas of rural Sindh, bonded 
agricultural labor and debt slavery continued.

    d. Prohibition of Child Labor 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 
Ministry of Labor has identified 35 hazardous forms of child labor, 
including street vending, surgical instrument manufacturing, deep-sea 
fishing, leather manufacturing, brick making, and carpet weaving, among 
others. Child labor in agriculture and domestic work was also common.
    Forced and bonded labor, sexual exploitation, and the trafficking 
of children occurred (see Section 5).
    The Employment of Children Act prohibits the employment of children 
under age 14 years in factories, mines, and other hazardous occupations 
and regulates their conditions of work, e.g. no child is allowed to 
work overtime or at night; however, there were few child labor 
inspectors in most districts, and the inspectors often had little 
training, insufficient resources, and were susceptible to corruption. 
By law, inspectors may not inspect facilities that employ less than 10 
persons, where most child labor occurs. Hundreds of convictions were 
obtained for violations of child labor laws, but low fines levied by 
the courts--ranging from an average of $6 (Rs. 364) in the NWFP to an 
average of $121 (Rs. 7,280) in Baluchistan--were not a significant 
deterrent. The Employment of Children Act allows for fines of up to 
$333 (Rs. 20,000). Penalties often were not imposed on those found to 
be violating child labor laws.
    The International Labor Organization--International Program for the 
Elimination of Child Labor (ILO-ILEC) continued programs in the carpet 
weaving, surgical instrument, rag picking, and deep sea fishing 
industries and launched a Time Bound Program for the Elimination of the 
Worst Forms of Child Labor. Working with industries and the Government, 
ILO-IPEC used a combination of monitoring, educational access, 
rehabilitation, and family member employment to transition children out 
of these industries. An ILO-IPEC program to eliminate child labor in 
the soccer ball manufacturing industry was completed and deemed a 
success.

    e. Acceptable Conditions of Work.--The national minimum wage for 
unskilled workers was $42 (Rs. 2,500) per month. It applies only to 
industrial and commercial establishments employing 50 or more workers. 
The national minimum wage did not provide a decent standard of living 
for a worker and family. Additional benefits required by the Federal 
Labor Code include official government holidays, overtime pay, annual 
and sick leave, health care, education for workers' children, social 
security, old age benefits, and a worker's welfare fund.
    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, domestic 
workers, and contractors.
    Health and safety standards were poor. There was a serious lack of 
adherence to mine safety and health protocols. For example, mines often 
only had one opening for entry, egress, and ventilation. Workers could 
not remove themselves from dangerous working conditions without risking 
loss of employment.
    Provincial governments have primary responsibility for enforcing 
all labor regulations. Enforcement was ineffective due to limited 
resources, corruption, and inadequate regulatory structures. Many 
workers were unaware of their rights.

                               __________

                               SRI LANKA

    Sri Lanka is a republic with an active multiparty system. The 
popularly elected president, reelected in 1999 to a second 6-year term, 
and the 225-member Parliament, elected during the year for a 6-year 
term, share constitutional power. The April parliamentary election was 
deemed largely free and fair by the European Union Election Observation 
Mission, except in the north and east, where widespread voter 
impersonation and multiple voting allegedly occurred. From 1983 until 
2001, the Government fought the Liberation Tigers of Tamil Eelam 
(LTTE), a terrorist organization that advocated a separate ethnic Tamil 
state in the north and east of the country. In 2001, the Government and 
the LTTE each announced unilateral cease-fires and signed a formal 
cease-fire accord in 2002. In April 2003, after participating in six 
rounds of talks facilitated by the Norwegian Government, the LTTE 
suspended the negotiations. During the year, both parties violated the 
2002 accord, although the LTTE's violations were more numerous and more 
serious. The judiciary is independent; however, some NGOs claimed that 
higher levels of the judiciary were subject to political pressure and 
that corruption, particularly at lower levels, was a problem. Long 
trial delays and a lack of training and resources for the judiciary 
further complicated the judicial process.
    The Ministry of Internal Security controls the 66,000-member police 
force, which is responsible for internal security in most areas of the 
country. The Ministry of Defense controls the 112,000-member Army, the 
27,000-member Navy, and the 20,000-member Air Force. Home Guards, an 
armed militia of more than 20,000 members drawn from local communities 
and who are responsible to the police, provide security for Muslim and 
Sinhalese communities located near LTTE-controlled areas. The civilian 
authorities maintained effective control of the security forces. Some 
members of the security forces committed serious human right abuses.
    The country's economy is market based and primarily driven by the 
manufacturing and services sector. The population was approximately 
19.4 million in 2003, and gross domestic product growth was 5.9 percent 
in 2003. Public sector wages and benefits kept pace with inflation. On 
December 26, a large-scale tsunami devastated significant parts of the 
southern, northern and eastern coastal areas of the country, killing, 
injuring and displacing thousands of persons.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in some areas. There 
were no reports of security forces committing politically motivated 
killings and no reports of disappearances; however, there were 
extensive reports of torture and 13 custodial deaths as a result of 
police torture. The Government continued investigations into past 
abuses by armed forces personnel and opened investigations into past 
abuses by police personnel. Prison conditions remained poor and there 
were reports of arbitrary arrests during the year. The Government 
continued to hold 38 Tamils under the Prevention of Terrorism Act (PTA) 
during the year; however, no new arrests under the PTA occurred. The 
PTA, like the repealed Emergency Regulations, permitted warrantless 
arrest and nonaccountable detention. Violence and discrimination 
against women, and child prostitution occurred. Violence against 
religious minorities increased, and institutionalized ethnic 
discrimination against Tamils remained a problem. Trafficking in women 
and children for the purpose of forced labor occurred, and there was 
some trafficking of women and children for the commercial sex industry. 
The Government acted against the child sex trade. Child labor, 
limitations of worker rights, especially in the Export Processing Zones 
(EPZs), and discrimination against persons with disabilities continued 
to be problems.
    The LTTE continued to commit serious human rights abuses. The LTTE 
was responsible for politically motivated killings, arbitrary arrests, 
torture, harassment, abduction, disappearances, extortion, and 
detention. The LTTE continued to use and recruit child soldiers. 
Through a campaign of intimidation, the LTTE continued to undermine the 
work of elected local government bodies in Jaffna and the east. On 
occasion, the LTTE prevented political and governmental activities from 
occurring in the north and east. There were instances of intimidation 
of Muslims by the LTTE during the reporting period. The LTTE continued 
to control large sections of the north and east. The LTTE permitted 
journalists some access to the areas of the country it controlled. Some 
LTTE-imposed restrictions remained on freedom of movement of citizens. 
The LTTE denied those under its control the right to change their 
government, killed candidates standing for office, did not provide for 
fair trials, infringed on privacy rights, and discriminated against 
ethnic and religious minorities.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of political killings by the Government; however, human rights 
organizations and other sources reported that 13 individuals died as a 
result of torture in police custody.
    For example, on February 22, police officers from the Baduraliya 
Police Station in Kalutara District reportedly assaulted 
Bellanavithanage Sanath Yasarathne while investigating a family quarrel 
at his sister's home. Yasarathne fled, and a police officer shot and 
killed him. At year's end, police were still investigating the case.
    On April 19, Muthuthanthrige Chamal Ranjith Cooray died from 
injuries sustained during 2 days of torture at the Modara Police Post 
and Moratuwa Police Station in Colombo district. At year's end, the 
investigation continued.
    On October 3, according to media and human rights organization 
reporting, Polonnaruwa police allegedly killed Herman Quintus Perera 
after he reportedly refused to sell police liquor on a holiday on which 
liquor sales were prohibited. Police took Perera and three other 
persons to the Polonnaruwa Police Station, where the next morning 
Perera died. A police officer claimed Perera was killed in a fight, but 
this claim was uncorroborated by other police. At year's end, four 
policemen were arrested and remained in custody pending trial.
    On November 21, unknown assailants shot Gerald Perera in Wattala. 
Perera, who was scheduled to testify on December 2 about alleged 
torture he had undergone in 2002, died 3 days later from the shooting. 
On December 23, a police sub-inspector and the suspected gunman were 
arrested in the case, and at year's end, their trials were pending.
    No charges were filed against police in the July 2003 death in 
custody of Sunil Hemachandra, and there were no developments in the 
November 2003 S.L. Kulatunga death in custody.
    Security force impunity remained a problem. At year's end, the 
Government continued to investigate 5 past cases of rape, 100 past 
cases of torture, and approximately 1,240 past cases of disappearance. 
In July 2003, 5 individuals, including 2 police officers, were 
sentenced to death in the court proceedings involving the 2000 
Bindunuwewa rehabilitation camp deaths of 27 Tamil men. The sentences 
were immediately commuted to 23 years' rigorous imprisonment.
    On November 19, High Court Judge Sarath Ambepitiya and his 
bodyguard were shot and killed by four assailants outside Ambepitiya's 
Colombo residence. Ambepitiya had presided over several high-profile 
narcotics cases and was scheduled to hear another narcotics case the 
following week. Several arrests for the killings had been made by 
year's end.
    In 2003, representatives of the victims of the 1992 massacre of 35 
Tamil civilians in the village of Mailanthani requested that the 
Attorney General (A.G.) appeal the 2002 acquittal of the 21 soldiers 
accused of the killings. The A.G. did not grant the appeal during the 
year, and the case remained closed on the final verdict.
    In March, when the eastern military LTTE leader Karuna split from 
the northern Vanni LTTE, 120 LTTE cadre and civilians died in fighting 
that ensued between the 2 LTTE factions in the east. There were reports 
that the Government provided aid to the Karuna faction.
    During the year, there was credible evidence that, in addition to 
the 120 cadres and civilians killed in fighting between LTTE factions 
in March, the LTTE killed more than 81 members of anti-LTTE Tamil 
political groups, LTTE cadres loyal to Karuna, alleged Tamil informants 
for the security forces in the north, the east, and in Colombo, and 
civilians. Both current and former members of anti-LTTE Tamil political 
parties were targeted by the LTTE. During the year, 10 current and past 
anti-LTTE Eelam People's Democratic Party (EPDP) members were killed, 
including V. R. Kamalan, an eastern town council leader, and Media 
Secretary Balanadarajah Iyer. In March, unknown assailants killed 
Sinnathamby Sunderpillai, a candidate in the country's parliamentary 
elections. The assailants killed Sunderpillai at the hospital after 
failing to kill him near his home earlier in the day. Credible sources 
indicated that after the fighting in March, the LTTE killed an 
additional 43 members of breakaway military leader Karuna's group. On 
August 24, Karuna supporter Periyaamman Jayakumar was killed, and two 
prison officials injured, when a LTTE member shot Jayakumar in the 
Magistrate's courtroom in Akkaraipattu in Ampara District. On July 15, 
an inmate in the Batticaloa prison with allegiance to the Vanni faction 
of the LTTE killed pro-Karuna cadre Kanapathipillai Mahendran (see 
Section 2.a.).
    The LTTE also targeted alleged Tamil informants to the military, 
killing 10 during the year, including Kandaiah Yoharasa and 
Tissaveerasingam Dushyanthan.
    On July 7, a suspected LTTE suicide bomber detonated explosives 
attached to her body at a police station, killing herself and four 
policemen. Her intended target was believed to be Hindu Affairs 
Minister Douglas Devananda, a long-time anti-LTTE Tamil politician.
    After the fighting in March, Karuna's group allegedly killed 26 
LTTE cadres, including S. Senathirajah, the LTTE political leader for 
Batticaloa. Karuna's group also killed 7 civilians, including LTTE 
supporter, journalist Aiyathurai Nadesan, who was killed in Batticaloa 
on May 31 (see Section 2.a.). There were reports that the Government 
provided protection and military aid to Karuna and his cadres to assist 
them in their fight against LTTE cadre.

    b. Disappearance.--There were no reports of politically motivated 
disappearances at the hands of the security forces during the year.
    The 2000 U.N. Working Group on Enforced or Involuntary 
Disappearances listed the country as having an extremely large number 
of ``unclassified'' disappearances. There were no developments in any 
of these cases during the year. From 1995 to 2003, the Rehabilitation 
of Persons, Property & Industries Authority paid compensation to the 
next of kin of 17,740 missing persons. At year's end, the Ministry of 
Relief, Rehabilitation and Reconciliation was seeking cabinet approval 
to compensate another 960 next of kin. Since 2000, 12 disappearances 
were reported by the U.N. Working Group, 7 of which are still pending.
    In 2002, the Government formed a new commission to investigate 
disappearances that occurred in the Jaffna area during 1996-97. During 
the year, the Commission issued letters to next of kin confirming that 
after being arrested by security forces, the victims disappeared. Next 
of kin have used these letters to support habeas corpus cases, and at 
year's end there were 45 cases pending.
    Unlike in previous years, there were no indictments, 
investigations, or prosecutions of security force personnel for past 
disappearances. Regional commissions, 3 established in 1994 and a 4th 
established in 1998, reported a total of 21,215 disappearances between 
1988 and 1994, most of which occurred during the 1988-89 period of the 
Janatha Vimukthi Peramuna (People's Liberation Front-JVP) uprising. The 
commissions found that many people disappeared after having been 
removed involuntarily from their homes, in most cases by security 
forces. There were no developments in any of these cases during the 
year, and none were expected.
    During the year, the LTTE continued to detain civilians, often 
holding them for ransom, especially Muslims in the east. In July, the 
LTTE abducted 13 Trincomalee-area Muslims who were collecting firewood 
and demanded ransom for their release. The 10 who were released that 
same day were forced to provide manual labor, while the other 3 were 
held for several days and severely beaten before being released (see 
Sections 1.c. and 1.g.).
    At year's end, there were more than 120 reports that the LTTE had 
abducted adults.

    c. Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment.--The Convention Against Torture Act (CATA) of 1994 makes 
torture a punishable offense; however, the CATA does not implement 
several provisions of the U.N. Convention Against Torture, and human 
rights groups maintain that while torture is prohibited under specific 
circumstances it is allowed under others. According to Human Rights 
Commission (HRC) and other sources, the use of police torture to 
extract admissions and confessions was routine and conducted with 
impunity. In addition, the PTA makes confessions obtained under any 
circumstance, including by torture, sufficient to hold a person until 
the individual is brought to court; however, no arrests were made under 
the PTA during the year (see Section 1.d.).
    Methods of torture included beatings, often with wire or hose, 
electric shock, the suspension of individuals by the wrists or feet in 
contorted positions, burning, slamming testicles in desk drawers, and 
near-drowning. In other cases, victims were forced to remain in 
unnatural positions for extended periods or had bags laced with 
insecticide, chili powder, or gasoline placed over their heads. 
Detainees reported broken bones and other serious injuries as a result 
of their mistreatment, and during the year 13 deaths occurred in police 
custody (see Section 1.a.).
    Of the 42 allegations of police torture, complaints came 
disproportionately from police stations outside the north and east.
    There were credible nongovernmental organization (NGO) reports that 
some police tortured individuals in custody. For example, the Asian 
Human Rights Commission (AHRC) reported that on January 5, police in 
uniform and civilian attire from the Matale Police Station poured 
boiling water for 10 minutes on the genitals and thigh of Jayasekara 
Vithanage Saman Priyankara, resulting in serious burns. Priyankara was 
again tortured after Matale police illegally arrested him following his 
filing of a complaint against police for the initial torture. The 
National Police Commission (NPC) was investigating the incident at 
year's end.
    On February 2, according to AHRC and media reports, Palitha Tissa 
Kumara Koralaliyanage was illegally arrested and tortured in the 
Welipenna Police Station in Kalutara District. Police severely beat 
Koralaliyanage with a cricket bat and forced a tuberculosis patient to 
spit into his mouth. Koralaliyanage was later diagnosed with 
tuberculosis. In May, the Supreme Court agreed to hear Koralaliyanage's 
case, which was still pending at year's end.
    On September 27, Mr. Ruwan Chandrasekera, an officer at the Jaffna 
Human Rights Commission office, was assaulted by police from the main 
Jaffna Police Station while investigating a complaint from a detainee's 
family about incommunicado detention. HRC filed a torture case against 
the police officer. At year's end, the HRC and the Senior 
Superintendent of Police in Jaffna were investigating the case (see 
Sections 1.d and 4).
    Unlike in previous years, there were no reported cases of rape or 
sexual assault in custody. According to Amnesty International, Nandini 
Herat, arrested in 2002 for theft, was subjected to sexual torture 
while in the custody of the Wariyapola police in Kurunegala District. 
In July 2003, the Officer in Charge of Wariyapola police and five 
others were charged in the High Court under CATA. During the year, the 
case filed against Herat was dismissed from the Magistrate's Court at 
Wariyapola, and the three police officers who allegedly tortured her 
were indicted under CATA by the Kurunegala High Court. At year's end, 
the case was pending.
    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 
$142 (14,200 rupees) to $1,825 (182,500 rupees). The guilty party paid 
fines based on the decision of the judge hearing the case. In some 
cases, the Government did not pay fines incurred by security force 
personnel found guilty of torture.
    Special sections of the A.G.'s Office and the Criminal 
Investigation Unit focused on torture complaints. During the year, the 
units forwarded 44 cases for indictments, of which 11 resulted in 
indictments, with the remaining cases pending at year's end. There were 
two convictions from indictments in earlier years. The 
Interparliamentary Permanent Standing Committee and its 
Interministerial Working Group on Human Rights Issues also continued to 
track criminal investigations of torture. In June, the HRC established 
a Torture Prevention Monitoring Unit to implement its ``zero 
tolerance'' torture policy (see Section 4). The HRC provided extra 
training for officers assigned to this unit and established a policy of 
quick investigation for torture complaints. The HRC also assigned 
special teams to investigate deaths in police custody. By year's end, 
it was not possible to assess the success of this unit in handling 
torture complaints.
    Prison conditions did not meet international standards; acute 
overcrowding and lack of sanitary facilities were the main causes. 
Women were held separately from men. In some cases, juveniles were not 
held separately from adults. Pretrial detainees were not held 
separately from those convicted.
    The Government permitted visits by independent human rights 
observers and the International Committee of the Red Cross (ICRC), 
which during the year conducted 60 visits to 22 permanent places of 
detention, including prisons and some police stations. During the year, 
representatives from the national office of the HRC visited 142 police 
stations and 5 detention centers, while representatives from regional 
offices of the HRC visited 250 police stations and 19 detention 
centers.
    The LTTE used torture on a routine basis (see Section 1.b.).
    Conditions also reportedly were poor in LTTE-run detention 
facilities. The ICRC conducted 6 visits to 2 LTTE-controlled prison 
facilities, and 18 visits to 14 LTTE-operated police stations. Credible 
observers reported that conditions in these prisons were acceptable, in 
that they were on a par with local standards. The ICRC has not had 
access to other places of detention in LTTE-controlled areas in the 
Vanni and the east (see Section 1.d.).

    d. Arbitrary Arrest or Detention.--The Ministry of Internal 
Security controls the 66,000-member police force, which includes the 
6,000-member paramilitary Special Task Force, and is responsible for 
internal security in most areas of the country. Senior officials in the 
police force handle complaints against the police, as does the 
civilian-staffed National Police Commission. Impunity, particularly for 
cases of police torture, was a problem. Several NGOs claimed that 
corruption was also a problem in the police force.
    In 2002, the Government established the NPC, composed entirely of 
civilians, and authorized it to appoint, promote, transfer, discipline, 
and dismiss all police officers other than the Inspector General of 
Police; however, in practice, the NCP devolved responsibility for 
discipline of less senior police officers to the Inspector General of 
Police. The NPC has the power to establish procedures to investigate 
public complaints against the police. During the year, the NPC handled 
1,192 complaints, of which 10 percent were forwarded to local 
Superintendents of Police for further action.
    The law prohibits arbitrary arrest and detention; however, there 
were reports of arbitrary arrest and detention during the year. Police 
do not need an arrest warrant for certain offences, such as murder, 
theft, robbery, and rape. 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 
appeared within a few days before a magistrate, who can authorize bail 
for bailable and many nonbailable offences, at his or her discretion, 
or order continued pretrial detention for up to 3 months or longer. For 
certain offences, such as murder, the magistrate must remand the 
suspect, and only the High Court may grant bail. In all cases, suspects 
have the right of representation. Counsel is provided for indigent 
defendants in criminal cases before the high court and the courts of 
appeal, but not in other cases.
    Impunity remained a problem. In the majority of cases in which 
security forces personnel may have committed human rights abuses, the 
Government has not identified those responsible or brought them to 
justice. Human rights organizations noted that some judges were 
hesitant to convict on cases of torture because of the CATA-directed 7-
year mandatory sentence for committing torture. According to human 
rights organizations, obtaining medical evidence was difficult, as 
there were only 25 forensic specialists, and medical practitioners 
untrained in the field of torture assessment examined most torture 
victims. In some cases, doctors were intimidated by police, which made 
obtaining accurate medical reporting on torture victims difficult.
    The HRC investigated the legality of detention in cases referred to 
it by the Supreme Court and by private citizens.
    In February, the President granted amnesty to 2,000 prisoners. 
Pardons were not granted to those prisoners sentenced for unlawful 
assembly, bribery, burglary, theft, treason, abduction, cruelty to 
children, narcotic offenses, or rape.

    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 High Court, 
and the courts of appeal. A judicial service commission, composed of 
the Chief Justice and two Supreme Court judges, appoints and transfers 
lower court judges. Judges may be removed for misbehavior or incapacity 
but only after an 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 they have the 
right to counsel and the right to appeal. The Government provides 
counsel for indigent persons tried on criminal charges in the High 
Court and the courts of appeal, but it does not provide counsel in 
other cases. Private legal aid organizations assisted some defendants. 
In addition, the Legal Aid Commission offered legal aid to assist those 
who could not afford representation; however, some sources report that 
its representatives extorted money from beneficiaries. There are no 
jury trials in cases brought under the PTA. Defendants are presumed 
innocent, and 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 may spend up to 18 months in prison on administrative order 
waiting for their cases to be heard. Once their cases came to trial, 
decisions were made relatively quickly.
    Most court proceedings in Colombo and the south were conducted in 
English or Sinhala, which, due to a shortage of court-appointed 
interpreters, restricted the ability of Tamil-speaking defendants to 
get a fair hearing. Trials and hearings in the north and east were in 
Tamil and English. While Tamil-speaking judges existed at the 
magistrate level, only four High Court judges, an Appeals Court judge, 
and a Supreme Court justice spoke fluent Tamil. Few legal textbooks 
existed in Tamil, and the Government has complied slowly with 
legislation requiring that all laws be published in English, Sinhala, 
and Tamil.
    In July, the U.N. Human Rights Committee (UNHRC) reviewed the case 
of Nallaratnam Singarasa, an ethnic Tamil who was arrested in 1993 
during the conflict between the Government and the LTTE. Singarasa 
claimed he was tortured and made to sign a confession he could not 
read. The UNHRC found that his right to a fair trial had been violated 
and called for his release or retrial. In August, the Government was 
given 90 days to respond to the UNHRC recommendation, but it had not 
responded, and at year's end, Singarasa remained in prison.
    The Government permits the continued existence of certain aspects 
of personal laws discriminating against women in regard to age of 
marriage, divorce, and devolution of property (see Section 5).
    During the year, the LTTE continued to expand the operations of its 
court system into areas previously under the Government's judicial 
system in the north and east. On July 28, the LTTE opened a court 
complex in Mannar. With the expansion, the LTTE demanded that all Tamil 
civilians stop using the Government's judicial system and rely only on 
the LTTE's legal system. Credible reports indicated that the LTTE 
implemented the change through the threat of force.
    The LTTE has its own self-described legal system, composed of 
judges with little or no legal training. LTTE courts operate without 
codified or defined legal authority and essentially operate as agents 
of the LTTE rather than as an independent judiciary. In June, according 
to press reports, LTTE courts tried two men for sedition near 
Batticaloa and ordered their execution.
    The LTTE reportedly held a number of political prisoners. The 
number was impossible to determine because of the secretive nature of 
the organization. The LTTE refused to allow the ICRC access to these 
prisoners (see Section 1.c.).

    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 citizens' privacy rights in some areas. Police 
generally obtained proper warrants for arrests and searches conducted 
under ordinary law.
    The LTTE routinely invaded the privacy of citizens by maintaining 
an effective network of informants. The LTTE forcibly recruited over 
1,000 children during the year (see Section 6.d.). However, during the 
year, the LTTE also released 613 children, at least 219 of whom were 
later re-recruited. There were intermittent reports of children as 
young as 8 years escaping from LTTE camps. After the March fighting 
between LTTE factions, some Tamils in the east were forced to relocate 
to the north, and some Tamils in the north were forced to relocate to 
the east. They were allowed to return later in the year.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--The LTTE routinely used excessive 
force in the war, including attacks targeting civilians. Since the 
peace process began in 2001, the LTTE has engaged in kidnapping, 
hijackings of truck shipments, and forcible recruitment, including of 
children.
    The LTTE expropriated food, fuel, and other items meant for 
internally displaced persons (IDPs), which resulted in a high rate of 
anemia, high levels of malnutrition, and low birth rates for IDPs in 
LTTE-controlled areas.
    Landmines were a serious problem in Jaffna and the Vanni, and, to 
some extent, in the east (see Section 5). Landmines, booby traps, and 
unexploded ordnance posed a problem to resettlement of IDPs and 
rebuilding. At the end of 2002, a U.N. team established oversight for a 
mine removal program. In 2003, a U.N. team established a landmine map 
database, which was shared with all 10 demining agencies that worked in 
the country. The Government reported 20 mine-related deaths and 34 
mine-related injuries 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 and did not restrict academic 
freedom. Individuals could criticize the Government without fear of 
reprisal. In the past, the Government restricted press freedom, often 
using national security grounds permitted by law. In 2002, criminal 
defamation laws, which had been used often by the Government to 
intimidate independent media outlets, were eliminated. Private 
television stations imposed their own, informal censorship on 
international television news rebroadcast in the country.
    Although the Government owned the country's largest newspaper 
chain, two major television stations, and a radio station, private 
owners operated a variety of independent, privately owned newspapers, 
journals, and radio and television stations. Several foreign media 
outlets operated in the country. Most independent media houses freely 
criticized the Government and its policies. The Government imposed no 
political restrictions on the establishment of new media enterprises; 
however, in February, the Government cancelled the license of a new 
television channel planned by Asian Broadcasting Corporation.
    Unlike in previous years, travel by local and foreign journalists 
to conflict areas was not restricted.
    In its final report, the European Union Election Observation 
Mission reported that in the period before the April election, the 
government-owned media displayed an evident bias towards the 
President's United People's Freedom Alliance (UPFA) coalition and 
disregarded its duty to provide equitable and fair coverage of the 
election contestants.
    On March 23, the International Federation of Journalists (IFJ) 
wrote to the President and Prime Minister protesting the March 18 
suspension of Lakshman Gunasekera, the editor of the Sunday Observer, a 
government-owned English language weekly. IFJ's letter suggested 
Gunasekera's suspension was a result of his writing that state-owned 
media should maintain a neutral position during election periods. At 
year's end, Gunasekera had not been reinstated.
    On March 28, police raided the Colombo premises of the English 
language weekly Sunday Leader, known for its investigative reporting. 
Reporters Without Borders quoted the weekly's publisher, Lasantha 
Wikramatunga, as saying that police did not have a warrant and that the 
search was part of the Government's ongoing harassment of the weekly.
    On March 29, under Article 27 of the 17th Amendment to the 
Constitution, the independent Elections Commission took control of 
government-owned television and radio until the declaration of election 
results.
    In December, the Batticaloa office of Thinakkural, a Tamil daily, 
was attacked with grenades on two separate occasions by unknown 
perpetrators, injuring two employees of the newspaper. On December 6, 
unidentified assailants entered a television and radio transmission 
station owned by MTV/MBC, an independent network in Jaffna, injuring a 
guard and vandalizing and damaging equipment. By year's end, no arrests 
had been made in connection with these incidents.
    In 2002, defamation laws were repealed and all cases pertaining to 
the defamation laws were dropped. During the year, the Government did 
not restrict access to the Internet.
    The LTTE tightly restricted the print and broadcast media in areas 
under its control. There were also reports of LTTE intimidation of 
Colombo-based Tamil journalists, and self-censorship was common for 
journalists covering LTTE controlled areas.
    On May 31, pro-Karuna LTTE cadres killed Tamil journalist 
Aiyathurai Nadesan in Batticaloa. On August 16, in Colombo, the LTTE 
killed Tamil newspaper journalist and senior EPDP politician Bala 
Nadarajah Iyer.
    In March and April, according to credible sources, pro-Karuna LTTE 
cadres in the east stopped the distribution of the independent Tamil 
daily Thinakkural on several occasions.
    The LTTE restricted academic freedom, and it repressed 
intellectuals who criticized its actions. On March 24, according to 
media reporting and University Teachers for Human Rights (Jaffna) 
(UTHRJ), the Acting Dean of the Agriculture faculty of the Eastern 
University, T. Thiruchelvam, was shot and injured by the LTTE at his 
home in Batticaloa. UTHRJ reported that Thiruchelvam had worked many 
years for the protection of the eastern region's environment and 
cultural identity.

    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; however, some restrictions existed.
    The 1981 Referendum Act states that rallies and demonstrations of a 
political nature cannot be held when a referendum is scheduled. 
However, the Government generally granted permits for demonstrations, 
including those by opposition parties and minority groups.
    On May 26, according to the NGO Home for Human Rights, police in 
Kotagala used tear gas on a crowd of 2,000 persons protesting the 
closure of Sripada College. Police allegedly beat four protesters who 
sought medical attention for their injuries. The Supreme Court did not 
hear the fundamental rights cases brought by the four injured 
protesters.
    The LTTE does not allow freedom of association in the areas it 
controls and reportedly used coercion to make persons attend its 
rallies. In July, the Sri Lanka Army protested LTTE coercion of large 
numbers of school children to attend the July 5 Black Tigers Day in 
Jaffna.

    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.
    Foreign clergy may work in the country, but the Government sought 
to limit the number of foreign religious workers given temporary work 
permits. Permission usually was restricted to denominations registered 
with the Government.
    During the year, there were at least 30 confirmed reports of 
assault on Protestant and Catholic churches and church members by 
Buddhist mobs, often led by extremist Buddhist monks. Village police 
often were reluctant to pursue Buddhist monk agitators out of deference 
for their position; however, in February police arrested three Buddhist 
monks and four other persons for an attack on the Kebithigollwa office 
of the Christian NGO World Vision and charged them with arson. The 
arrested persons were freed on bail and the investigation continued at 
year's end.
    In May, an M.P. of the Jathika Hela Urumaya party formally 
presented to Parliament a draft anticonversion bill as a private 
member's bill. Several groups submitted Supreme Court petitions 
challenging the constitutionality of the draft; in August, the Supreme 
Court ruled that portions of the bill were unconstitutional. At year's 
end, the bill faced a protracted legislative process prior to a 
parliamentary vote and did not become law.
    Most Muslims expelled by the LTTE since 1990 remain displaced. 
During the year, the LTTE continued the intimidation of Muslims in the 
east, although LTTE extortion of Muslims lessened. It appeared that 
attacks by the LTTE against Muslims were not religiously motivated but 
were, instead, part of an overall strategy to clear the north and east 
of persons not sympathetic to the cause of an independent Tamil state. 
The LTTE made some conciliatory statements to the Muslim community, but 
most Muslims viewed the statements with skepticism.
    Unlike in previous years, there were no reports that the LTTE used 
churches and temple compounds to congregate in the event of hostilities 
or as shields for the storage of munitions.
    For a more detailed discussion, see the 2004 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 these 
rights in practice; however, it restricted the movement of Tamils. 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. Unlike in previous years, Tamils no 
longer were required to obtain police-passes to move around the 
country; however, they were frequently harassed at checkpoints 
throughout the country.
    Limited access continued to certain areas near military bases and 
High Security Zones, defined as areas near military emplacements, 
camps, barracks, or checkpoints where civilians could not enter. Some 
observers claimed the High Security Zones were excessive and unfairly 
affected Tamil agricultural lands, particularly in Jaffna. In August, 
the Government lessened restrictions at one site in Chavakachcheri and 
allowed farmers and their families to return to their land; however, 
the general public was still denied access to this area. The LTTE 
limited travel on the road connecting Jaffna to the rest of the 
country.
    According to the United Nations High Commissioner for Refugees 
(UNHCR), as of October, 377,776 IDPs had returned to their places of 
origin, leaving roughly 353,624 IDPs displaced by the conflict in the 
country. There were 295 camps for those displaced by ethnic conflict, 
and during the year, 78,398 persons were in welfare centers, and 
275,226 were staying with friends or relatives. According to various 
sources, approximately 65,000 IDPs were unable to resettle as a result 
of the High Security Zones. The UNHCR found sexual abuse to be endemic 
in IDP camps. According to the UNHCR, 5,633 Tamil refugees had returned 
from India during the year. During the year, the Government began a 
program to relocate 1,500 IDPs to state lands in Vavuniya and 
Kilinochchi Districts in the north.
    Most of the 46,000 Muslims expelled in 1990 by the LTTE remained 
displaced and lived in or near welfare centers. Unlike in previous 
years, the LTTE invited the Muslim IDPs to return home, asserting they 
would not be harmed. Although 500 Muslim IDPs returned home during the 
year, the majority did not move and awaited a guarantee from the 
Government for their safety in LTTE-controlled areas.
    The LTTE occasionally disrupted the flow of persons exiting the 
Vanni region through the two established checkpoints. The LTTE taxed 
civilians traveling through areas it controlled.
    The law does not provide for the granting of asylum and/or refugee 
status in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees or its 1967 Protocol. The Government has not 
established a system for providing protection to refugees; however, the 
Government cooperated with the UNHCR and other humanitarian 
organizations in assisting IDPs and refugees. There were no reports of 
refoulement, 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. Citizens exercised this right in practice 
through multiparty, periodic, free, and fair elections held on the 
basis of universal suffrage; however, recent elections have been marred 
by violence and some irregularities. The President (elected in 1999 for 
a 6-year term) holds executive power, while the 225-member Parliament, 
elected in April, exercises legislative power.
    In February, the President dissolved Parliament and called for a 
general election in April, in which the President's alliance, the UPFA, 
received 45 percent of the vote. The UPFA did not win enough seats to 
command a majority in Parliament, but it was able to form a government 
headed by Prime Minister Mahinda Rajapakse. The April parliamentary 
election was largely free and fair. The EUEOM described the election as 
having been conducted in a democratic matter, with the exception of 
irregularities in the north and east, where widespread voter 
impersonation and multiple voting occurred. Several sources cited the 
LTTE as responsible for the irregularities. The EUEOM reported that 
more than 2,000 incidents of election violence occurred, resulting in 
the deaths of 5 persons and the serious injuring of another 15. Voter 
turnout was 75 percent. Unlike in previous elections, the Government 
allowed persons living in LTTE controlled areas to vote in cluster 
polling booths in government-controlled areas.
    In October, the Parliament passed a bill to require all citizens to 
present a national identity card when they vote. The Government 
provided for a 1-year grace period because many Tamils living in the 
north, east, and hill country did not have identity cards, and the 
Government allowed local poll supervisors to accept other forms of 
identification during this period.
    There was corruption in the executive and legislative branches. 
Transparency International (TI) identified nepotism and cronyism in the 
appointment of officials to government and state-owned institutions. TI 
also noted that low frequency but high-value ``big-ticket'' corruption 
was a problem in tender processes and establishing business operations. 
Until 2003, the Commission to Investigate Allegations of Bribery or 
Corruption (CIABOC) did not operate fully. Some sources described as 
difficult the procedure for prosecution on corruption charges. At 
year's end, CIABOC had received 1,543 complaints, 48 of which were in 
the court system. No major cases of bribery resulted in conviction.
    There was no law providing for public access to government 
information.
    There were 9 women in the 225-member Parliament. There was one 
woman in the Cabinet, and two sat on the Supreme Court. In December 
1999, a woman, Chandrika Kumaratunga, was elected President for a 
second term. There were 28 Tamils and 26 Muslims in the 225-member 
Parliament. There was no provision for or allocation of a set number/
percentage of political party positions for women or minorities.
    The LTTE continued to refuse to allow elections in areas under its 
control, and opposed campaigning by certain Tamil parties in the east 
during the April parliamentary elections. Credible sources reported 
that there were two killings of candidates in the east--a UNF 
candidate, S. Sunderampillai; and a TNA candidate, R. Sathiyamoorthi--
as well as killings of three supporters of political parties.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views. Many domestic human 
rights NGOs, including the Consortium of Humanitarian Agencies; Home 
for Human Rights; the University Teachers for Human Rights, Jaffna; the 
Civil Rights Movement; and the Law and Society Trust monitored civil 
and political liberties. There are no restrictive regulations governing 
the activities of local and foreign NGOs, although the Government 
officially required NGOs to include action plans and detailed 
descriptions of funding sources as part of the registration process it 
requires at an NGO's commencement of work and every 5 years thereafter. 
Some NGO workers viewed this as an attempt by the Government to exert 
greater control over the NGO sector after previous human rights groups' 
criticisms. Most NGOs complied with these reporting requirements.
    On March 29, the Government submitted a report to the UNHRC as a 
part of its reporting responsibilities under the Convention Against 
Torture. The U.N. did not evaluate the report during the year, and it 
remained confidential.
    In September, AHRC alleged that the Government tried to discredit 
it in a letter to a German-based NGO, Action of Christians Against 
Torture, suggesting that the AHRC had been engaged in a campaign of 
vilification against the Government.
    The Government continued to allow the ICRC unrestricted access to 
detention facilities (see Sections 1.c. and 1.d.). The ICRC provided 
international humanitarian law training materials and training to the 
security forces. During the year, the ICRC also delivered health 
education programs in LTTE-controlled areas in the north and east (see 
Section 1.g.).
    The HRC by statute has wide powers and resources and may not be 
called as a witness in any court of law or be sued for matters relating 
to its official duties. However, according to many human rights 
organizations, the HRC often was not as effective as it should have 
been. The HRC did not have enough staff or resources to process its 
caseload of 6,720 pending complaints. The HRC adopted a tribunal-like 
approach to investigations and declined to undertake preliminary 
inquires in the manner of a criminal investigator. In December, HRC 
issued an annual report for 2003. In June, the HRC established a 
Torture Prevention Monitoring Unit in its headquarters and three of its 
regional offices to implement its zero tolerance torture policy. HRC 
provided extra training for officers assigned to this unit, and 
established a policy of quick investigation for torture complaints. To 
ensure its sustainability, HRC urged the Treasury to cover costs of the 
Torture Prevention Monitoring Unit.
    During the year, there were instances of interference with HRC 
investigations. In June, HRC officers attempting to investigate a 
complaint of torture were harassed and intimidated by police officers 
at the Paiyagala Police Station in Kalutara District. On September 27, 
a police officer assaulted HRC officer Ruwan Chandrasekera who was 
investigating a complaint at the Jaffna Police Station (see Sections 
1.c. and d.).
    In July, the LTTE set up the Northeast Secretariat of Human Rights 
(NESOHR). By year's end, NESOHR had drafted terms of reference and had 
begun to hear some of the complaints it had received.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal rights under the law for all 
citizens, and the Government generally respected these rights in 
practice; however, there were instances where sex-based discrimination 
occurred. The HRC is a mechanism 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. While the Penal Code may ease some of the problems 
faced by victims of sexual assault, many women's organizations believed 
that greater sensitization of police and judicial officials was 
necessary. During the year, the Bureau for the Protection of Children 
and Women received 1,190 complaints of violent crimes against women.
    Unlike last year, there were no reported incidents of rape or 
attempted rape by security forces. At year's end, a case was pending in 
the October 2003 charge that two policemen attempted to rape Mrs. 
Selvarajan in Uyilankulam in Mannar District. No case was filed in the 
August 2003 charge that three soldiers attempted to rape a woman in 
Vadamarachchi in the Jaffna Peninsula. During the year, police reported 
approximately 928 rape investigations in the country compared with 900 
rape investigations in 2003. Services to assist victims of rape and 
domestic violence such as crisis centers, legal aid, and counseling 
were limited.
    Prostitution, which was not legal, occurred during the year. Some 
members of the police and security forces reportedly participated in or 
condoned prostitution. Although laws against procuring and trafficking 
were strengthened in 1995, trafficking in women for the purpose of 
forced labor occurred (see Section 5, Trafficking).
    Sexual harassment is a criminal offense carrying a maximum sentence 
of 5 years in prison; however, these laws were not enforced.
    The Constitution provides for equal employment opportunities in the 
public sector. However, women had no legal protection against 
discrimination in the private sector, where they sometimes were paid 
less than men for equal work, often experienced difficulty in rising to 
supervisory positions, and faced sexual harassment. Even though women 
constituted approximately one-half of the formal workforce, according 
to the Asian Development Bank (ADB), the quality of employment 
available to women was less than that available to men, as the demand 
for female labor was mainly for casual and low-paid, low-skill jobs in 
the formal and informal sectors.
    In December, UNHCR launched a media campaign to promote awareness 
of sexual and gender-based violence, including sexual harassment in the 
workplace, and violence against women and children, and domestic abuse.
    Women have equal rights under national, civil, and criminal law; 
however, 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 is 18 
years, except in the case of Muslims, who may follow their customary 
marriage practices and marry at 15. Women were denied equal rights to 
land in government-assisted settlements, as the law does not 
institutionalize the rights of female heirs. Different religious and 
ethnic practices often resulted in uneven treatment of women, including 
discrimination.

    Children.--The Compulsory Attendance at Schools Act requires 
children between the ages of 5 and 14 to attend school, and the 
Government demonstrated its commitment to children through extensive 
systems of public education and medical care. Approximately 85 percent 
of children under the age of 16 attended school. Education was free 
through the university level. Health care, including immunization, was 
also free.
    Many NGOs attributed the problem of exploitation of children to the 
lack of law enforcement rather than inadequate 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 
conducted investigations into crimes against children and women. In 
2002, 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. 
It also broadens the definition of child abuse to include the 
involvement of children in war. The NCPA included representatives from 
the education, medical, retired police, and legal professions and 
reported directly to the President. During the year, the Bureau for the 
Protection of Children and Women received 1,841 complaints of violent 
crimes against children.
    The Government pushed for greater international cooperation to 
bring those guilty of pedophilia to justice. The penalties for 
pedophilia range from 5 to 20 years imprisonment and an unspecified 
fine. During the year, 39 cases of pedophilia were brought to court and 
were pending at year's end. Child prostitution was a problem in certain 
coastal resort areas. The Government estimated that there were more 
than 2,000 child prostitutes in the country, but private groups claimed 
that the number was as high as 6,000. Citizens committed much of the 
child sexual abuse in the form of child prostitution; however, some 
child prostitutes were boys who catered to foreign tourists. Some of 
these children were forced into prostitution (see Section 5, 
Trafficking). The Department of Probation and Child Care Services 
provided protection to child victims of abuse and sexual exploitation 
and worked with local NGOs that provided shelter. The Tourist Bureau 
conducted awareness-raising programs for at-risk children in resort 
regions prone to sex tourism.
    The LTTE used child soldiers and recruited children, sometimes 
forcibly, for use in battlefield support functions and in combat. LTTE 
recruits, some as young as 13 years of age, surrendered to the military 
or the Sri Lanka Monitoring Mission, and credible reports indicated 
that the LTTE stepped up recruiting efforts, especially in the east 
(see Section 1.g.). During the year, credible sources reported that 
there were over 1,000 cases of forcible child recruitment by the LTTE 
and that more than 5,000 children remained in LTTE custody at year's 
end. In 2003, the LTTE and UNICEF reached an agreement on the 
demobilization and rehabilitation of child soldiers and began work on 
an action plan to address issues relating to child labor, including 
underage recruitment. Several sources reported that the action plan was 
not working because of LTTE obstruction. Senior LTTE officials alleged 
to foreign officials that child soldiers were volunteers.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, the country was a point of origin and destination for 
trafficked persons, primarily women and children trafficked for the 
purposes of forced labor and sexual exploitation. The country was a 
source for women who were trafficked to Lebanon, Saudi Arabia, Kuwait, 
the United Arab Emirates, Bahrain, and Qatar for the purposes of 
coerced labor and sexual exploitation. A smaller number of Thai, 
Chinese, and Russian women were trafficked to the country for 
commercial sexual exploitation. Women and children were trafficked 
internally for domestic and sexual servitude. Boys and girls were 
victims of commercial sexual exploitation by pedophiles in the sex 
tourism industry.
    The legal penalties for trafficking in women include 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.
    In 2003, law enforcement efforts against trafficking improved with 
the introduction of a computerized immigration system that expanded the 
number of officials who could input names of suspected traffickers or 
sex tourists, thereby subjecting them to investigation and preventing 
them from leaving the country. The NCPA instituted a CyberWatch Project 
to monitor suspicious Internet chat rooms. Sting operations were 
conducted based on information gathered in these chat rooms, leading to 
several trafficking arrests. For those convicted, the sentence was 1 
year of rigorous imprisonment and a fine of $1,000 (100,000 rupees).
    Internal trafficking in male children was also a problem, 
especially from areas bordering the northern and eastern provinces. 
Protecting Environment and Children Everywhere, a domestic NGO, 
estimated that there were 6,000 male children between the ages of 8 and 
15 years engaged as sex workers at beach and mountain resorts. Some of 
these children were forced into prostitution by their parents or by 
organized crime.
    The NCPA has adopted, with the International Labor Organization 
(ILO) assistance, a comprehensive national plan to combat the 
trafficking of children for exploitative employment. With the NCPA, 
police began work in 2002 on children's issues, including trafficking 
in children.
    The Government established rehabilitation camps for trafficking 
victims and initiated awareness campaigns to educate women about 
trafficking; however, most of the campaigns, with support from the 
Bureau of Foreign Employment, were conducted by local and international 
NGOs.

    Persons With Disabilities.--The law forbids discrimination against 
any person on the grounds of disability; however, there were instances 
of discrimination against the disabled in the areas of employment, 
education, and in the provision of other state services. The law does 
not mandate access to buildings for persons with disabilities. 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 assisted persons with 
disabilities. Such assistance included subsidizing prosthetic devices, 
making purchases from suppliers with disabilities, and registering 74 
NGO-run schools and training institutions for persons with 
disabilities. The Department of Social Services selected job placement 
officers to help the estimated 200,000 work-eligible persons with 
disabilities find jobs. Despite these efforts, persons with 
disabilities faced difficulties because of negative attitudes and 
societal discrimination.

    National/Racial/Ethnic Minorities.--There were approximately 1 
million Tamils of comparatively recent Indian origin, the so-called 
hill, tea estate, or Indian Tamils, whose ancestors originally were 
brought to the country in the 19th century to work on plantations. In 
the past, approximately 300,000 of these persons did not qualify for 
citizenship in any country and faced discrimination, especially in the 
allocation of government funds for education. In October 2003, 
Parliament passed a bill granting full citizenship to over 300,000 tea 
estate Tamils. In August, UNHCR began awareness campaigns to alert 
Tamils to the new legislation and by year's end had registered 
approximately 200,000 persons.
    Both local and hill Tamils maintained that they suffered 
longstanding systematic discrimination in university education, 
government employment, and in other matters controlled by the 
Government. According to HRC, Tamils also experienced discrimination in 
housing.

    Indigenous People.--The country's indigenous people, known as 
Veddas, numbered fewer than 1,000. Some preferred to maintain their 
traditional way of life, and are protected by the Constitution. There 
are no legal restrictions on their participation in the political or 
economic life of the nation. Some Veddas complained that they were 
being pushed off their land in protected forest areas.

    Other Societal Abuses and Discrimination.--Penal Code Section 365a 
criminalizes homosexual activity between men and between women; 
however, it was not enforced. NGOs working on lesbian, gay, bisexual, 
and transgender issues did not register with the Government. During the 
year, human rights organizations reported that police harassed, 
extorted money from, and assaulted gay men in Colombo and other areas.
    There was no official discrimination against those who provided HIV 
prevention services or against high-risk groups likely to spread HIV/
AIDS; however, there was some societal discrimination against these 
groups.
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 were subject to administrative delays. 
Nonetheless, approximately 20 percent of the 7 million-person work 
force nationwide and more than 70 percent of the plantation work force 
was unionized. In total, there were more than 1 million union members. 
Approximately 15 to 20 percent of the nonagricultural work force in the 
private sector was unionized. Unions represented most workers in large 
private firms, but workers in small-scale agriculture and small 
businesses usually did not belong to unions. Public sector employees 
were unionized at very high rates.
    Most large unions were affiliated with political parties and played 
a prominent role in the political process, although major unions in the 
public sector were politically independent. In 2003, the Ministry of 
Employment and Labor registered 168 new unions and canceled the 
registration of 64 others, bringing the total number of functioning 
unions to 1,604 by the end of 2003. The Ministry of Employment and 
Labor is authorized by law to cancel the registration of any union that 
does not submit an annual report, the only grounds for the cancellation 
of registration.
    Employers found guilty of discrimination must reinstate workers 
fired for union activities but may transfer them to different 
locations. Antiunion discrimination is a punishable offense liable for 
a fine of $200 (20,000 rupees).

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to collective bargaining; however, very few 
companies practiced it. At year's end, about 50 companies belonging to 
the Employers' Federation of Ceylon (EFC), the leading employers' 
organization, had collective agreements. All collective agreements must 
be registered at the Department of Labor. Data on the number of 
collective agreements registered at the Department of Labor were not 
available. More than half of EFC's 435-strong membership was unionized.
    All workers, other than police, armed forces, prison service, and 
those 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. The President retains the 
power to designate any industry as an essential service.
    The law prohibits retribution against strikers in nonessential 
sectors; however, in practice employees were sometimes fired for 
striking.
    Under the law, workers in the EPZs have the same rights to join 
unions as other workers. While the unionization rate in the rest of the 
country was approximately 20 percent, the rate within the EPZs was 
under 10 percent. Fewer than 10 unions were active in EPZs, partially 
because of severe restrictions on access by union organizers to the 
zones. Trade unions were formally recognized in 8 out of approximately 
200 factories in the EPZs. In a few other factories, management has 
begun discussions with the unions. There was only one operating 
collective agreement in the EPZs during the year. Labor representatives 
alleged that the Government's Board of Investment (BOI), which managed 
the EPZs, including setting wages and working conditions in the EPZs, 
discouraged union activity. The short-term nature of employment and the 
relatively young workforce in the EPZs, made it difficult to organize.
    Labor representatives alleged that the Labor Commissioner, under 
BOI pressure, failed to prosecute employers who refused to recognize or 
enter into collective bargaining with trade unions.
    According to the International Confederation of Free Trade Unions, 
during the year there were some violations of trade union rights in the 
EPZs. The nonrecognition of trade unions became a contentious issue, in 
part because of obligations under various multilateral and bilateral 
trade agreements.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or bonded labor; however, there were reports that such practices 
occurred. The law does not prohibit forced or bonded labor by children 
specifically, but government officials interpreted 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.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment is 14, although the law permits the 
employment of younger children by their parents or guardians in limited 
family agriculture work or to engage in technical training. A recent 
amendment to the Employment of Women and Youth Act prohibits all other 
forms of family employment of children below 14. 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 throughout the country.
    Persons under age 18 may not be employed in any public enterprise 
in which life or limb is endangered. There were no reports that 
children were employed in the EPZs, the garment industry, or any other 
export industry, although children sometimes were employed during 
harvest periods in the plantation sectors and in nonplantation 
agriculture. Sources indicated many thousands of children were employed 
in domestic service, although this situation was not regulated or 
documented. Many child domestics reportedly were subjected to physical, 
sexual, and emotional abuse. Regular employment of children also 
occurred in family enterprises such as family farms, crafts, small 
trade establishments, restaurants, and repair shops. A 2003 
International Labor Organization/International Program for Elimination 
of Child Labor (IPEC)-sponsored Rapid Assessment survey on domestic 
child labor in five districts found child domestic workers (under 18 
years) in roughly 2 percent of households.
    The National Child Protection Authority (NCPA) is the central 
agency for coordinating and monitoring action on the protection of 
children. The Department of Labor (DOL), the Department of Probation 
and Child Care Services, and the Police Department are responsible for 
the enforcement of child labor laws. The NCPA and DOL have observed a 
declining trend in employment of children under 14 years due to 
stricter regulations and increasing public awareness regarding child 
labor. The Labor Department reported 203 complaints of child labor in 
2003, with 65 of these cases withdrawn due to lack of evidence or 
faulty complaints. The Department prosecuted 44 cases in 2003. During 
the year, the Labor Department reported 64 complaints, with 9 cases 
withdrawn and 19 prosecuted. Penalties for employing minors were 
increased from approximately $10 (1,000 rupees) and/or 6 months 
imprisonment to $100 (10,000 rupees) and/or 12 months imprisonment.
    Although the law prohibits forced or bonded labor by persons of any 
age, some rural children reportedly have served in debt bondage (see 
Sections 5 and 6.c.).
    The LTTE used children as young as age 13 years in battle, and 
children often were recruited forcibly (see Section 5, Children).
    During the year, a UNICEF-supported action plan sought to restore 
normalcy to former LTTE child soldiers through release and 
reintegration. Under this program, UNICEF supported the establishment 
of a transit center in Kilinochchi for child recruits released by the 
LTTE.
    As required by ILO Convention 182, the Government identified a list 
of 50 occupations considered to be the worst forms of child labor (for 
children under 18 years). Laws proscribing these worst forms of child 
labor have not been formulated.

    e. Acceptable Conditions of Work.--While there is no universal 
national minimum wage, 38 wage boards established by the Ministry of 
Labor set minimum wages and working conditions by sector and industry. 
These minimum wages did not provide a decent standard of living for a 
worker and family. In late 2003, the Ministry of Labor began increasing 
the minimum wages of all wage boards by a minimum of 15 percent; 
however, at year's end, this process had not been completed for garment 
and hotel worker wages.
    The law prohibits most full-time workers from regularly working 
more than 45 hours per week (a 5-day workweek). New regulations limited 
the maximum overtime hours to 15 per week. Labor organizers were 
concerned that the new legislation did not include a provision for 
overtime with the consent of the worker. Workers 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, 
seasonal and part-time female workers. Several laws protect the safety 
and health of industrial workers, but the Ministry of Labor's small 
staff of inspectors was inadequate to enforce compliance. Health and 
safety regulations do not meet international standards. Workers have 
the statutory right to remove themselves from dangerous situations, but 
many workers were unaware or indifferent and feared that they would 
lose their jobs if they removed themselves from the work situation.

                               __________

                           WESTERN HEMISPHERE

                              ----------                              


                          ANTIGUA AND BARBUDA

    Antigua and Barbuda is a multiparty, parliamentary democracy 
governed by a prime minister, a cabinet, and a bicameral legislative 
assembly. A governor general, appointed by the British monarch, is the 
titular head of state, with largely ceremonial powers. In March 
parliamentary elections, which observers described as generally free 
and fair, the United Progressive Party (UPP) defeated Prime Minster 
Lester Bird's Antigua Labour Party (ALP), which had controlled the 
Government and Parliament continuously since 1976. Since taking office, 
Prime Minister Baldwin Spencer has passed important reform legislation 
improving government accountability and transparency. The judiciary is 
independent.
    Security forces consist of a police force and the small Antigua and 
Barbuda Defense Force. The security forces are responsible for law 
enforcement, and civilian authorities maintained effective control of 
them. Some members of the security forces committed human rights 
abuses.
    The country had a mixed economy with a strong private sector. The 
population was approximately 76,000. Tourism and financial services 
were the most important source of foreign exchange earnings. The 
Government was the largest employer, with approximately 13,000 workers. 
The government's large debt was a serious problem. Real economic growth 
was projected to be 4 percent for the year. The Labor Commission 
estimated that the unemployment rate was 11 to 13 percent at year's 
end.
    The Government generally respected the human rights of its 
citizens; however, problems remained in a few areas. There were 
allegations of police brutality. Prison conditions were poor, and there 
were allegations of abuse of prison inmates and sexual harassment of 
female prison guards. Societal discrimination and violence against 
women continued to be problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. 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 inquest into the November 2003 police killing of escaped 
convict Frederick Martin James continued at year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, 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.
    There were no developments in the investigation of the October 2003 
police shooting of bystander Khary Roberts.
    Prison conditions were poor. At year's end, the prison held 183 
prisoners (154 men and 14 women) in a facility designed to hold 182. 
Prison conditions were inadequate, particularly recreation and 
rehabilitation facilities. The prison did not have toilet facilities, 
and slop pails were used in all 122 cells. The Rehabilitation Center 
for prisoners found guilty of committing minor crimes held an 
additional eight male prisoners at the end of the year. During the 
year, a school for juvenile offenders was established offering classes 
in crafts, computers, and auto repair, and 11 juveniles were enrolled 
at year's end.
    Female prisoners were held in a separate section and were not 
subject to the same problems encountered in the men's prison. Juveniles 
were held separately from adult inmates.
    Pretrial detainees were held separately from convicted prisoners.
    The Government permitted prison visits by independent human rights 
observers, and such monitoring occurred during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The 571-person police force is headed by a Police Commissioner, and 
included 32 senior officers and 28 inspectors. The Police Welfare 
Association advocated additional training for the police, particularly 
management training for senior officers, and two officers received such 
training.
    Police are permitted to arrest without warrant persons suspected of 
committing a crime. Criminal defendants have the right to a judicial 
determination of the legality of their detention. The police must bring 
detainees before a court within 48 hours of arrest or detention. UPP 
assertions of violations were curbed following the March elections. 
Criminal detainees were allowed prompt access to counsel and family 
members.

    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 first level of 
court is the magistrate, followed by the Court of Appeals and the 
Supreme Court. The Constitution designates the Privy Council in London 
as the final court of appeal, which always is employed in the case of 
death sentences.
    The Constitution provides that criminal defendants should receive a 
fair, open, and public trial. Trials are by jury. Defendants enjoyed a 
presumption of innocence. In capital cases only, the Government 
provided legal assistance at public expense to persons without the 
means to retain a private attorney. Courts may 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 actions, and the 
Government generally respected these prohibitions in practice. 
Violations were subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these provisions in practice and did not restrict academic 
freedom. Privately owned print media, including daily and weekly 
newspapers, were active and offered a range of opinion. However, early 
in the year, the then-opposition UPP alleged that the Government 
restricted access to electronic media, effectively denying them equal 
coverage.
    The Government owned one of the four general-interest radio 
stations and the single television station. One of the former Prime 
Minister's brothers owned a 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 then-ruling ALP party. After the March election, the 
government media became less politicized.
    In October, the Bird family-owned radio station ZDK was taken off 
the air briefly for not paying its overdue electricity bill of $49,000 
($132,000 EC). The ALP complained that the station was taken off the 
air for politically motivated reasons.
    Prior to the March national election, the Government restricted 
opposition access to the media, and there were allegations of 
censorship as the result of subtle coercive pressure by influential 
persons. For example, owners of the independent Observer radio station 
claimed that several large corporations declined to advertise on the 
station for fear of losing lucrative government contracts. In addition, 
the former Government cited violations of the Telecommunications Act to 
revoke the owners' license to operate satellite transmission equipment 
and seized the equipment. At year's end, the matter was still before 
the courts, and the equipment had not been returned.
    The media was highly politicized, and most media outlets supported 
one of the political parties. The editorial and news focus of the 
mainstream daily Antigua Sun was influenced by a foreign owner who has 
major investments in the country and wields considerable political 
influence. During the year, the new Government took steps to de-
politicize the government-owned media.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. The police generally 
issued the required permits for public meetings but sometimes denied 
them to avert violent confrontations.

    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 2004 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 prohibits forced exile, and the Government did not use it 
in practice.
    Although the country is a signatory of the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol, the 
Government has not established a system for providing protection to 
refugees or asylum seekers. In practice, the Government provided 
protection against refoulement, the return of persons to a country 
where they feared persecution. The Government did not routinely grant 
refugee status or asylum. The Government cooperated with the office of 
the U.N. High Commissioner for Refugees and other humanitarian 
organizations in assisting refugees and asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. All citizens 18 years of age and older may register 
and vote by secret ballot. The Constitution requires general elections 
at least every 5 years. The Governor General appoints senators in 
proportion to the parties' representation in Parliament and with the 
advice of the Prime Minister and the leader of the opposition.
    In March elections, the opposition UPP won 12 of 17 seats in the 
House of Representatives and 55 percent of the popular vote. UPP leader 
Baldwin Spencer was sworn in as Prime Minister on March 24, replacing 
Lester Bird, whose ALP had held power continuously since 1976. Members 
of the Commonwealth observer group reported that the elections were 
free and fair.
    High-level corruption was a problem, particularly concerning the 
former ALP Government. Numerous high profile corruption investigations 
began during the year. These investigations hindered the new Government 
because the losing ALP party stripped many government offices of key 
files and documents. During the year, the Spencer Administration 
implemented an aggressive anti-corruption program and passed 
legislation concerning anti-corruption and ethics.
    During the year, the Spencer Administration passed legislation on 
government transparency to provide access to government information.
    The Directorate of Gender Affairs participated in workshops to 
encourage women to become active in politics. There was 1 woman elected 
to the 17-seat House of Representatives; there were 2 women appointed 
to the 17-seat Senate. In addition, the Speaker of the House of 
Representatives and the President of the Senate, both appointed 
positions, were women. There were no women in the cabinet, although two 
women served as Ministers of State.
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 cooperative 
and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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 a matter of public concern, and 
nongovernmental social welfare groups focused on the problem. Many 
women were reluctant to testify against their abusers. A 1999 Domestic 
Violence Act prohibits and provides penalties for domestic violence, 
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 operated a domestic violence program that 
included training for police officers, magistrates, and judges. The 
Directorate also ran a domestic abuse hotline and worked with a 
nongovernmental organization (NGO) to provide safe havens for abused 
women and children. There were a number of active NGOs that addressed 
issues affecting women.
    Prostitution is prohibited, but it remained a problem. There were a 
number of brothels, staffed mostly by women from the Dominican 
Republic, which catered primarily to the local population.
    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--the most senior positions--were female. In addition, 41 
percent of 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 free, compulsory, and universal 
education for children through the age of 16. However, schools faced 
many shortages, and parents typically provided desks and chairs. 
Although shared textbooks were provided, parents often purchased books; 
parents also provided uniforms. More than 95 percent of school-age 
children attended school, and most children achieved a secondary 
education.
    Boys and girls had equal access to health care and other public 
services.
    Child abuse remained a problem. Police estimated that there were 
approximately 20 cases of child sexual abuse reported during the year, 
of which less than 5 involved incest. There were no new developments 
and none were expected in the 2001 child pornography and prostitution 
ring involving several high-ranking members of society.

    Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons. Although there were no reports that 
persons were trafficked to, from, or within the country, a task force 
evaluating the passport office determined that passports could be 
fraudulently obtained, raising the possibility that fraudulent 
passports could be used to facilitate migrant smuggling or trafficking 
in persons

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services, although the 
Government did not enforce constitutional anti-discrimination 
provisions. No specific laws mandate accessibility for persons with 
disabilities.
Section 6. Worker Rights
    a. The Right of Association.--Workers have the right to associate 
freely and to form labor unions. Approximately 75 percent of workers 
belong to a union; the hotel industry was heavily unionized. During the 
year, there were reports that the owner of Caribbean Star Airlines, 
based in the country, threatened to shut down the airline after some 
employees began to organize a union, effectively putting a stop to the 
effort.

    b. The Right to Organize and Bargain Collectively.--Labor 
organizations were free to organize and bargain collectively. The Labor 
Code applied equally to workers in the country's free trade zones.
    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 Industrial Courts Act and 
the extensive list of essential services in the Labor Code, asserting 
that these provisions prohibit the right to strike.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
forbids slavery and forced or compulsory labor, including by children, 
and there were no reports that such practices occurred.

    d. Prohibition of Child Labor 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 and may not work 
later than 10 p.m. 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.

    e. Acceptable Conditions of Work.--The Labor Code provides that the 
Minister of Labor may issue orders, which have the force of law, to 
establish a minimum wage. In 2002, upon recommendation from a 
tripartite committee of representatives from employers, employees, and 
government, the Minister of Labor set the minimum wage 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. Laws provide for overtime work in excess of the 
standard workweek; excessive overtime is not prohibited. 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.
    Although the Government has not yet developed occupational health 
and safety laws or regulations, a section of the Labor Code includes 
some provisions regarding occupational safety and health. Although not 
specifically provided for by law, workers may leave a dangerous 
workplace situation without jeopardy to continued employment.

                               __________

                               ARGENTINA

    Argentina is a federal constitutional democracy with an executive 
branch headed by an elected president, a bicameral legislature, and a 
separate judiciary. Free and fair presidential elections were held in 
April 2003; although no candidate gained sufficient votes to win in the 
first round, former President Carlos Menem withdrew his candidacy 
before the second round, and President Nestor Kirchner assumed office 
on May 25, 2003. The Constitution provides for an independent 
judiciary, but it was often inefficient and at times subject to 
political manipulation.
    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. In August, the 
President returned authority over the Federal Police (PFA), the Border 
Police, and the Coast Guard from the Ministry of Justice and Human 
Rights to the Secretary of Security, under the Ministry of Interior. 
The PFA has jurisdiction in the Federal Capital and over federal crimes 
in the provinces. Provincial police are subordinate to the provincial 
governors. While civilian authorities generally maintained effective 
control of the security forces, there were instances in which elements 
of the security forces acted independently of government authority. 
Some members of the security forces committed human rights abuses.
    The country is resource rich and has a market-based economy and a 
population of approximately 36.2 million. Real economic growth was 
predicted to be 8.2 percent, while consumer price inflation was 6.1 
percent. The purchasing power of salaried workers increased more than 3 
percent during the year.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
instances of killings and brutality by police and prison officials. 
Authorities prosecuted some police for such actions, although impunity 
remained a serious problem. Police corruption was also a problem, 
although the federal Government and the provincial governments in 
Buenos Aires and Cordoba removed corrupt police officials. Jails and 
prisons were often overcrowded. Police sometimes arbitrarily arrested 
and detained citizens. The judiciary continued to work through the 
legacy of human rights abuses committed during the ``dirty war'' of the 
1976-83 military regime, and the Supreme Court ruled that crimes 
against humanity were not subject to statutes of limitations. Anti-
Semitism remained a concern despite government efforts to combat it. A 
Federal Court in Buenos Aires acquitted 22 defendants charged with the 
1994 bombing of the Buenos Aires Jewish Community Center. Domestic 
violence and sexual harassment against women were problems. There were 
reports of trafficking for sexual exploitation and labor. Child labor 
was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
politically motivated killings by the Government or its agents; 
however, police and prison officers were responsible for killings 
involving the use of unwarranted or excessive force. The authorities 
investigated, and, in some cases, detained, tried, and convicted the 
officers involved.
    In early December, the Coordinator against Institutional and Police 
Repression (CORREPI), an NGO representing the families of the victims 
of police abuse, estimated that domestic security forces had killed 131 
persons in the first 11 months of the year. The Center for Legal and 
Social Studies (CELS) reported higher numbers: 139 killed between 
January and June in the Greater Buenos Aires area. CORREPI and CELS 
numbers included individuals killed in confrontations with security 
forces during the presumed commission of a crime. A total of 24 Federal 
and Province of Buenos Aires police officers were killed either in the 
line of duty or intervening in crimes while off duty as security forces 
continued to confront the surge in violent crime resulting from high 
unemployment and poverty levels.
    On October 21, three juvenile detainees died in a fire in Buenos 
Aires in the Quilmes police station under suspicious circumstances. The 
families claimed that police beat the juveniles before the fire. Nine 
policemen were suspended and under investigation.
    Policeman Hector Albarracin confessed to the 2003 killing of 
Patricia Villalba and testified to the involvement of former Santiago 
del Estero chief of intelligence Musa Azar and policemen Jorge Pablo 
Gomez and Francisco Mattar in her killing and that of Leyla Bshier 
Nazar. The trial of these 4 individuals and another 23 defendants 
charged in the murder of Patricia Villalba was scheduled for March 
2005. The killing of Leyla Bshier remained under investigation.
    There were no developments in the investigation of the death of 
Lucas Ricardo Carrizo, a prisoner who was found hanged in his cell in 
August 2003 in the Ezeiza Penitentiary Complex 1.
    The court scheduled March 2005 for the trial of a provincial police 
chief for the 2002 shooting deaths of demonstrators Dario Santillan and 
Maximiliano Kosteki. In October, three of nine Federal Police charged 
in the 2002 beating and drowning of Ezequiel Demonty were found guilty 
and sentenced to life imprisonment; the other six policemen were 
sentenced to 3 years in prison.
    In early August, a judge in Rosario convicted policemen Esteban 
Velasquez of homicide for killing Claudio Lepratti during 
demonstrations in 2001 in Rosario, Santa Fe, and ordered the Province 
of Santa Fe to compensate Lepratti's family. The Chamber of Deputies' 
Human Rights Committee initiated an investigation into police actions 
during that demonstration but did not release any information on its 
findings.
    There were no developments, and none were expected, in the 
investigation into the 2001 killings of Gaston Galvan and Miguel 
Burgos. One policeman remained in jail in connection with these 
killings.
    In June, policeman Felipe Gil was acquitted of charges related to 
the deaths of Jose Zambrano and Pablo Rodriguez in Mendoza Province in 
2000. The families appealed the decision citing the judge's alleged 
mishandling of the case.
    On September 2, the 3-judge panel of Federal Oral Court No. 3 in 
Buenos Aires acquitted all 22 defendants charged in connection with the 
1994 terrorist bombing of the Buenos Aires Jewish Community Center 
(AMIA), in which 85 persons were killed (see Section 2.c.).
    Legal efforts continued in a number of European countries, 
including France, Italy, and Spain, to prosecute those believed 
responsible for disappearances and killings during the military regime. 
Judicial authorities planning to prosecute these and other ``dirty 
war'' cases traveled to Spain and France to interview witnesses.

    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 Sections 1.a. and 1.e.).
    The Under Secretariat for Human Rights, which maintained the files 
of the National Commission on Disappeared Persons, received 9,005 
claims for financial compensation from families of those who died or 
disappeared during the military dictatorship. In October, a judge 
ordered the Government to pay compensation to a disappeared person's 
family on grounds that they had been forced into exile.
    At the urging of the human rights organization Grandmothers of the 
Plaza de Mayo, judicial authorities continued to investigate an 
estimated 250 to 300 cases of kidnapping and illegal adoption by 
members of the former military regime of children born to detained 
dissidents. A number of those suspected of crimes linked to illegal 
adoptions of the children of disappeared persons remained under 
detention, including Francisco Gomez and his wife and Navy doctor Jorge 
Luis Magnacco.
    Human rights activists continued to pursue ``truth trials'' 
intended to correct official records, particularly with regard to the 
fate of those who disappeared and those born in captivity.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and the 
Criminal Code provides penalties for torture similar to those for 
homicide; however, some police and prison guards continued to employ 
torture and brutality. Human rights organizations described police 
brutality, the occasional use of torture on suspects, and corruption 
within the prison and police forces. The Government investigated some 
past reports of police or prison brutality; however, few cases were 
tried, and even fewer resulted in convictions.
    Prison conditions often were poor. Some facilities were old and 
dilapidated, and many prisons and jails were overcrowded. Higher crime 
rates and stricter provisions for early release, combined with a slow 
judicial system, aggravated overcrowding in prisons and police 
stations. A July report by the Center of Legal and Social Studies on 
Buenos Aires Province claimed that there were more than 5,400 detainees 
in police station facilities designed for 3,200 and that the number of 
minors detained had increased significantly. Juvenile detention centers 
also were overcrowded, which often resulted in holding minors in police 
station facilities. The overcrowding contributed both to security 
problems and to mistreatment of prisoners. On October 21, three 
juvenile detainees died in a fire in Buenos Aires in the Quilmes police 
station and on November 13, another minor was found hanged in his cell 
under suspicious circumstances (see Section 1.a.).
    On October 28, the Buenos Aires Provincial Memory Commission 
released a report detailing the overcrowding in the province's prisons, 
their substandard conditions, the mistreatment, abuse, and torture of 
prisoners by prison officers, and the lack of investigation and 
prosecution of prison officials implicated in abuse and other illegal 
activities. On November 15, Amnesty International (AI) presented a 
report to the U.N. Committee on Torture that referred to the 
Government's ``inability and lack of political will to close the circle 
of impunity that exacerbates human rights abuses such as torture in 
every corner of the country.'' As an example, AI described a September 
8 incident in Mendoza in which nine prisoners caught attempting to 
escape were repeatedly beaten, denied medical assistance, and kept 
naked or in their underclothing for several days.
    Impunity for corruption, torture, and brutality by prison guards 
and officials remained a serious problem. Prisoners who filed torture 
and mistreatment complaints were targeted for torture or killed. Mar 
del Plata Batan Penitentiary senior officials and guards were under 
investigation for allegedly torturing Claudio Benavides and other 
prisoners in May. Additionally, these officials were charged with 
threatening to kill the prisoners' families if the prisoners filed a 
complaint against them. The investigating judge stated that he was 
convinced that this was not an isolated incident but rather reflected 
ordinary behavior in the penitentiary.
    Male and female prisoners were held separately. The law provides 
that juveniles are to be held separately from adults; however, 
overcrowding in juvenile facilities often resulted in minors being held 
in police station facilities, although separated from adult detainees. 
Despite government regulations prohibiting the practice, reliable 
reports indicated that pretrial prisoners often were held with 
convicted prisoners.
    The Government permits prison visits by independent human rights 
observers.

    d. Arbitrary Arrest or Detention.--The Federal Code of Criminal 
Procedure limits arrest and detention without warrants to certain 
restricted situations, for example, criminals caught in the act, 
fleeing suspects, or overwhelming evidence of a crime being committed, 
and, while the Government generally observed these prohibitions, 
provincial police sometimes ignored these restrictions and arbitrarily 
arrested and detained citizens. In the past, human rights groups 
reported difficulties in documenting such incidents because victims 
were reluctant to file complaints for fear of police retaliation or 
inaction.
    In addition to the PFA and Border Police, each province has its own 
police force. These generally come under a provincial police hierarchy, 
which in turn responds to a provincial security ministry or 
secretariat. The effectiveness of and respect for human rights by 
different forces varied considerably. Corruption was systemic in some 
forces, and impunity for police abuses was common.
    Some of the most common abuses included contract abuses, 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. Some 
police also were involved in drug trafficking and kidnapping. 
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 
killings believed committed by members of security forces or their 
criminal allies.
    Police may detain suspects for up to 10 hours without an arrest 
warrant if the authorities have a well-founded belief that the suspects 
have committed, or are about to commit, a crime or if they are unable 
to determine the identity of a suspect. Human rights groups argued that 
this provision of law was disregarded to extort money from persons by 
threatening to charge them with illegal weapons or drug possession.
    The law provides for the right of prompt determination of legality, 
but this right often was not respected in practice.
    The law provides for the right to bail, and it was utilized in 
practice.
    Criminal detainees were allowed access to counsel, and public 
defenders are provided for detainees unable to afford counsel. Lack of 
resources for the Public Defender's Office resulted in an overly heavy 
caseload for public defense attorneys. Detainees also were generally 
allowed prompt access to family members.
    The law provides for investigative detention of persons charged 
with a crime but awaiting or undergoing trial for up to 2 years. This 
term can be extended to 3 years under certain situations: A 
particularly complex or serious crime; intentional delays by the 
defense or if investigations could be hampered by release of the 
detainee; or if there is serious risk of flight. The slow pace of the 
justice system often resulted in lengthy detentions beyond the period 
stipulated by law (see Section 1.e.). If convicted, a prisoner usually 
received credit for time already served. According to the Federal 
Bureau for Criminal Policies, approximately 62 percent of inmates in 
federal prisons had been charged but were awaiting trial or completion 
of their trials.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, while the judiciary is nominally 
independent and impartial, some judges and judicial personnel were 
inefficient and, at times, subject to, and apt to exercise, political 
manipulation. There were credible allegations of efforts by members of 
security forces and others to intimidate the judiciary and witnesses. 
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 were 
arbitrary. Allegations of corruption in provincial courts were more 
frequent than at the federal level, reflecting strong connections 
between some governors and judicial powers in their provinces.
    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 of 
judges and administers the federal court system. In October, there were 
187 vacant positions and 65 slates awaiting congressional action and 
120 pending appointments by the executive.
    Investigations of a number of Supreme Court justices by the Chamber 
of Deputies' Impeachment Committee continued, resulting in the 
resignation in September of Justice Adolfo Vasquez. This action 
followed the 2003 impeachment of Justice Eduardo Moline O'Connor and 
the resignations of Justices Julio Nazareno and Guillermo Lopez. On 
December 16, the Chamber of Deputies accused Justice Antonio Boggiano 
of improper performance of duties and sent the case to the Senate, 
which was expected to consider the case for impeachment early in 2005.
    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, replacing the old system of written 
submissions. Although the 1994 Constitution provides for trial by jury, 
implementing legislation has not been passed. Lengthy delays in trials 
were a problem. There is a provision for counsel for indigents; 
however, in practice, counsel may not always be provided due to a lack 
of resources. Suspects other than minors are presumed innocent, and 
defendants have the right to appeal, as do prosecutors.
    There is a military court system. Only military personnel are 
subject to its jurisdiction.
    In August, the Supreme Court upheld the principle of non-
applicability of statutes of limitations to war crimes and crimes 
against humanity in the case of former Chilean intelligence agent 
Enrique Anacibia Clavel, charged with the 1974 Buenos Aires murder of 
Chilean General Carlos Prats and his wife.
    Judge Claudio Bonadio's investigation into the kidnapping and 
killing of exiled Montonero guerrillas upon their return to the country 
from Chile in 1979-80 ended without any indictments. The former 
Montonero leaders under investigation filed suit against Bonadio for 
unlawful detention. Judge Rodolfo Canicoba Corral's investigation into 
cooperation among military and security officials of six countries as 
part of ``Operation Condor'' continued.
    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 provides the PFA with search, seizure, and entry powers 
without a court order in cases of danger.
    The law provides for legislative oversight of government 
intelligence activities and prohibits unauthorized interception of 
private communications; however, in practice, the legislative oversight 
has yet to be effectively applied.
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 and did not restrict academic 
freedom.
    The independent media were active and expressed a wide variety of 
views without restriction. 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 owned the Telam wire service, a radio network, and a 
television station. A few provincial governments also owned broadcast 
media.
    Some sources cited an increased tendency by national and provincial 
government agencies to withhold advertising to manipulate media 
coverage. The Inter American Press Association expressed concern 
regarding legal and other actions taken in August by the Nequen 
Province government against the Rio Negro newspaper, allegedly in 
reprisal for the newspaper's editorial policy against revealing 
sources. Concerns also were raised about the degree to which major 
print media, subject to severe financial constraints, exercised self-
censorship in their criticism of the Government in exchange for 
favorable government treatment of debts and allocation of official 
advertising.
    The Government did not restrict Internet access.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. Although most protests 
and demonstrations were peaceful, there was an increase in violent 
demonstrations and confrontations with security forces, resulting in 
injuries and arrests. Security forces occasionally used rubber bullets 
but more often used tear gas and water cannons to disperse unruly 
demonstrators.
    Demonstrators were detained in several instances, leading to 
charges that the Government was criminalizing protests. Agitators 
reportedly often inserted themselves into otherwise peaceful 
demonstrations to provoke confrontations with the police. An appeals 
court upheld the decision that police officer Jose Antonio Aleman 
should stand trial in the death of Marcelo Luis Cuellar, killed during 
a November 2003 demonstration in Jujuy Province.
    The court set a March 2005 trial date for three Buenos Aires 
provincial police accused of killing two demonstrators in 2002 (see 
Section 1.a.).

    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 
provided 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, other Christian 
churches, and other religious organizations. Religious organizations 
that wish to hold public worship services and obtain tax-exempt status 
must register with the Secretariat and report periodically to maintain 
their status.
    Acts of discrimination and vandalism against religious minorities, 
particularly the Jewish and Muslim communities, continued. 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 dialogue 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. Jewish 
organizations reported their continued concern but noted that there was 
no increase in incidents from the previous year. The most frequent 
incidents included anti-Semitic and pro-Nazi graffiti and posters in 
cities throughout the country and the proliferation of anti-Semitic 
publications in bookshops, as well as vandalism in the Israeli Cemetery 
of Ciudadela, on the outskirts of Buenos Aires.
    The Supreme Court's investigation into the 1992 bombing of the 
Israeli Embassy in Buenos Aires remained at a virtual standstill. On 
September 2, the 3-judge panel of Federal Oral Court No. 3 acquitted 
all 22 defendants charged in connection with the 1994 terrorist bombing 
of the AMIA, in which 85 persons were killed. The panel faulted the 
investigation of the original judge and prosecutors and called for an 
investigation into the handling of the investigation and trial. 
Criminal Judge Rodolfo Canicoba Corral reconfirmed the validity of 
international arrest warrants against 12 Iranian nationals (including 
the former Iranian ambassador to Argentina at the time of the attack) 
and 1 Lebanese national implicated in the attack.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution and laws provide for 
these rights, and the Government generally respected them in practice.
    The law prohibits forced exile, and it was not used.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees and asylum seekers.
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 April 2003, presidential elections were held 
with no candidate receiving sufficient votes to win outright. Before a 
runoff could be held, former President Carlos Menem withdrew his 
candidacy, and, according to constitutional procedures, Nestor Kirchner 
was declared the winner and assumed the Presidency in May 2003.
    The Government continued to pursue anti-corruption measures. 
Supreme Court justice Adolfo Vasquez, accused of malfeasance in office, 
resigned in the face of ongoing impeachment proceedings in the National 
Legislature (see Section 1.e.). The Chamber of Deputies voted to send 
the impeachment case of another Supreme Court justice facing the same 
charges to the Senate for determination. Prosecutions of a number of 
former government officials accused of corruption continued. Further 
firings of large numbers of federal and provincial police officials 
also continued in efforts to clean up the security forces.
    In March, the Government established a federal trusteeship in the 
Province of Santiago del Estero following a long accumulation of 
accusations of corruption and abuses by provincial authorities, 
culminating in the February 2003 killings of two young women and a 
subsequent cover-up (see Section 1.a.). Governor Mercedes Aragones de 
Juarez and her 5-time governor husband Carlos Juarez were under arrest 
facing numerous charges.
    A 2003 National Decree provided regulations to increase public 
access to government information within the federal executive branch 
and public institutions. The Senate initiated a television program to 
transmit sessions live, and the Chamber of Deputies' website provided 
information on schedules and agendas for committee meetings. The 
Supreme Court makes public all its decisions, both judicial and 
administrative.
    Surveys conveyed conflicting pictures of the perceived levels of 
corruption in the country. Transparency International's 2004 Corruption 
Perceptions Index, based on polls of international businessmen and 
country analysts, rated the country as beset by widespread corruption. 
According to a survey conducted by international consulting firm KPMG, 
opinion leaders, including business executives, academics, and 
government bureaucrats, felt that corruption in the country had 
significantly lessened over the past several years.
    The Constitution affirms that political parties are fundamental 
institutions of the democratic system and calls on political parties to 
implement measures to increase women's representation in elective 
office. Decrees provide that one-third of the members of both houses of 
Congress must be women, a goal achieved through balanced election 
slates. There were 31 women in the 71-seat Senate and 87 women in the 
255-seat Chamber of Deputies. The Minister of Social Development was 
the only woman in the cabinet. There were two female Supreme Court 
justices, and women were prominent in other levels of the judiciary.
    There were no known indigenous, ethnic, or racial minorities in the 
national legislature, the cabinet, or the Supreme Court.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
operated without government restriction, investigating and publishing 
their findings on human rights cases. The Government usually was 
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, Coordinator Against 
Police and Institutional Repression, and New Rights of Man.
    Within the Government, the Ministry of Justice and Human Rights' 
Under Secretariat for Human Rights addresses human rights concerns at a 
domestic level. The Directorate General of Human Rights of the Ministry 
of Foreign Relations is responsible for international human rights 
issues. The Ministry of Foreign Relations and the Ministry of Justice 
and Human Rights cooperated with international human rights entities.
    The Constitution establishes the Office of the Ombudsman (Defensor 
del Pueblo de la Nacion), an independent and autonomous institution 
charged with defending and protecting human rights and other rights and 
interests provided by the Constitution, and with oversight of the 
exercise of public administration functions. The Ombudsman's office 
produces an annual report to Congress, which includes reports on human 
rights, administration of justice, social action, and the status of 
women, children, and minorities.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution and law provide for equal treatment for all 
citizens, and the Government generally enforced this provision in 
practice. 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.
    The INADI, which is mandated to identify and combat all forms of 
intolerance in the country, investigated violations of the anti-
discrimination law and carried out research and educational programs to 
promote social and cultural pluralism and combat discriminatory 
attitudes.

    Women.--Domestic violence and sexual harassment against women were 
recognized as serious societal problems. The Inter American Development 
Bank estimated that 25 percent of women were victims of violence.
    Any person suffering physical or psychological domestic violence by 
a family member may file a formal complaint with a judge or police 
station, and the Law on Protection Against Family Violence gives a 
family court judge the right to prevent the perpetrator of a violent 
act from entering the victim's home or workplace. Charges may also be 
brought in criminal court, which may apply corresponding penalties.
    Public and private institutions offered prevention programs and 
provided support and treatment for abused women, but there was little 
transitory housing. The Buenos Aires municipal government operated a 
small shelter for battered women and a 24-hour hotline offering support 
and guidance to victims of violence; however, few other shelters 
existed.
    Nongovernmental organizations (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. In addition, there was a great disparity between urban 
centers and rural areas with respect to women's awareness of and access 
to equal rights.
    Reliable statistics of rape were not available. Rape falls under 
the Law of Crimes Against Sexual Integrity. Marital and acquaintance 
rape involving force are offenses under the law; however, 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 in prison.
    Soliciting for prostitution is generally illegal but did occur. 
Some women were trafficked to the country for prostitution (see Section 
5, Trafficking).
    Sexual harassment occurred, but few complaints were lodged, likely 
due to a lack of information on existing legal protections. No federal 
law expressly prohibits sexual harassment. The city of Buenos Aires and 
the provinces of Buenos Aires, Jujuy, and Tucuman have anti-harassment 
legislation.
    Women enjoyed equality under the law, including property rights; 
however, women encountered economic discrimination and occupied a 
disproportionate number of lower paying jobs. Often women were paid 
less than men for equivalent work, a practice explicitly prohibited by 
law. Approximately 70 percent of women employed outside the home worked 
in non-skilled jobs, although the number of women with university 
degrees was 7.2 percent higher than men. Women accounted for 57 percent 
of university enrollment, and the law bans all acts that would hinder 
the access or continuity of the studies for pregnant or nursing 
students. Approximately 46 percent of women employed outside the home 
did not have social security or contribute to pension funds.
    The National Council of Women carried out programs to promote equal 
social, political, and economic opportunities for women. The Special 
Representative for International Women's Issues, a unit in the Ministry 
of Foreign Relations, participated in studying domestic law standards 
so as to adapt them to the rules of international law. That office and 
the National Council of Women, together with the Ministry of Labor 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.
    Other active women's rights groups included the Women's Social and 
Political Institute, the Women's Research and Study Institute, and the 
Foundation for Women's Equality.

    Children.--The Government voiced strong commitment to issues of 
children's rights and welfare, including education and health; however, 
budgetary restrictions for many programs continued. National, 
provincial, and local agencies worked with international agencies, 
including UNICEF, to promote children's welfare.
    Education is free, universal, and compulsory for 10 years, 
beginning at age 5; however, adequate schooling was unavailable in some 
rural areas. The 2001 census showed that 98 percent of all children of 
primary school age attended school, with approximately the same 
percentages for both genders. The average child attended school up to 
the age of 16.3.
    There were numerous federal and provincial health care programs for 
boys and girls on basis of equal access, although not all children had 
access to them.
    Child abuse and prostitution continued to occur, but there was 
progress in some areas. In 2003, the Council for the Rights of Girls, 
Boys, and Adolescents, which operated a hotline and a network of 
neighborhood defenders offices to assist victims in the city of Buenos 
Aires, intervened in 38 cases of reported child commercial sexual 
exploitation and 2,926 cases involving violence against a child. In 
conjunction with other agencies and organizations, such as UNICEF, the 
council also conducted active educational and awareness raising 
efforts. Prosecutors and police pursued cases of Internet child 
pornography and sought additional legal tools to confront such 
cybercrime.
    Child labor was a problem (see Section 6.d.).

    Trafficking in Persons.--The law prohibits trafficking in persons 
for the purpose of prostitution through fraud, intimidation, or 
coercion, or in the case of minors; however, trafficking occurred. The 
law also prohibits alien smuggling, indentured servitude, and similar 
abuses. Other laws, including a December 2003 migration law, also may 
be used to prosecute crimes associated with trafficking, such as 
kidnapping, forced labor, use of false documents, and prostitution. 
Penalties for trafficking ranged from 3 years to 15 years in prison.
    Coordination of trafficking detection and anti-trafficking 
prosecution efforts improved. The Government convened a number of 
interagency coordination meetings, participated in regional anti-
trafficking workshops and conferences, and, late in the year, 
identified the Federal Office of Victim Assistance, a unit under the 
Federal Prosecutor's office, as the lead agency for coordinating anti-
trafficking. The country's law enforcement officers lacked a clear 
mandate from political leaders and resources to pursue aggressively 
domestic and international traffickers; however, the Government made 
efforts to improve its effectiveness in combating trafficking. Three 
traffickers were convicted and received sentences of 3 to 4 years' 
imprisonment; 10 other trafficking-related cases were pending.
    The country was primarily a destination for men, women, and 
children trafficked for sexual exploitation and labor. Most foreign 
victims were women and children trafficked from Paraguay, Bolivia, and 
Brazil. Victims within the country were trafficked from rural to urban 
areas. Bolivians were trafficked into the country for forced labor.
    Trafficking victims generally were found in situations of 
prostitution, but there were also cases of other forms of forced labor, 
such as work in illegal textile factories. Traffickers may confiscate 
travel documents, which prevented victims from appealing to authorities 
for protection. Victims, particularly women and girls in prostitution, 
may be denied contact with the outside world. Victims were often 
threatened or beaten.
    There were no allegations of federal government official 
involvement in trafficking, and local police and officials suspected of 
involvement were investigated and prosecuted.
    Although the country lacks a comprehensive nationwide policy of 
victim assistance, the city of Buenos Aires, in particular, assisted 
dozens of victims, and police department staffs in outlying areas 
included psychologists to aid victims and witnesses. Some victims 
qualified for federal government assistance, but most provincial 
officials were not trained to identify or help victims of trafficking 
specifically. The Ministry of Foreign Relations began to train consular 
officials to assist victims abroad, but no data were yet available on 
the number of possible victims helped. The Catholic Oblate Sisters 
assisted victims, offering such help as emergency shelter and 
counselling.
    Trafficking victims normally were not detained, jailed, or 
deported, although some who were arrested for prostitution-related 
crimes may be jailed or deported.
    The Government did not have a comprehensive policy to prevent 
trafficking, but isolated preventive measures were in place. The 
Government made efforts to improve its effectiveness in combating 
trafficking, notably in the city of Buenos Aires, where the Government 
established a network to conduct information campaigns, outreach, and 
child victim identification. In addition, the Government participated 
in an International Labor Organization (ILO) project to prevent and 
eliminate commercial sexual exploitation of children in the border 
region with Brazil and Paraguay.

    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; however the Government did not effectively 
enforce these rights in practice.
    Laws mandating greater accessibility to buses and trains for 
persons with disabilities were not enforced fully. The Coordinator 
Committee for the Defense of Disabled People's Rights, composed of 
governmental and nongovernmental members, focused on accessibility in 
urban transportation for persons with disabilities and presented a 
complaint against the Secretariat of Transportation for non-compliance 
with existing regulations. No effective action was taken.
    NGOs and special interest groups claimed accessibility laws and an 
employment quota reserving 4 percent of national government jobs for 
persons with disabilities often were not respected in practice. They 
noted that the law provided no deadlines or penalties and was not 
mandatory for the provinces. In October, the Buenos Aires City 
Legislature passed a law reserving 5 percent of city jobs for persons 
with disabilities. The law imposes a 5-year deadline for compliance.

    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 is the government agency responsible for 
implementing these provisions.
    The principal indigenous groups--the Kollas in Salta and Jujuy, the 
Mapuches in the Patagonian provinces, and the Wichis and Tobas in the 
northern provinces--were believed to represent less than 5 percent of 
the national population. Estimates of the number of indigenous persons 
varied widely, with the Association of Indigenous Communities 
estimating between 4 to 5 million, and the last official census 
indicating 1.75 million.
    Poverty rates were higher than average in areas with large 
indigenous populations. Indigenous people had 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.
    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.
    Some communities were involved in land disputes with provincial 
governments and private companies, particularly over questions of 
natural resource extraction, pollution, and road construction. In June, 
a Mapuche family in the Province of Chubut was acquitted on charges of 
unauthorized appropriation of lands, although the family lost its claim 
to the land in question. Compania de Tierras Sud Argentino brought the 
suit before civil and criminal courts. Atilio Curinnaco, a member of 
the accused family, claimed an ancestral entitlement to the lands.
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 workers exercised this right. 
With the exception of military personnel, all workers were free to form 
unions. An estimated 35 percent of the work force was organized. Trade 
unions were independent of the Government and political parties.
    Labor groups not affiliated with the General Confederation of Labor 
contended that the Professional Associations Law provision for legal 
recognition of only one union per sector conflicts with ILO Convention 
87.
    The law prohibits antiunion discrimination and requires employers 
to reinstate workers illegally dismissed for union-related activities.

    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 Constitution provides for the right to strike, and workers 
exercised this right. Numerous small-scale strikes generally protested 
sector-specific problems.
    There are three functioning export processing zones with many 
others legally registered but not active. The same labor laws apply 
within these zones as in all other parts of the country.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that such practices occurred (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor was a problem, and the Government continued its effort to 
develop and implement a national plan of action to eliminate it.
    The Law on Labor Contracts sets the minimum age for employment at 
14 years, 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 14 and 18 may work in a limited number of job categories and 
for limited hours if they have completed compulsory schooling, which 
normally ends at 15. The penalty for employing underage workers ranged 
from $350 to $1,750 (1,000 to 5,000 pesos) for each child employed.
    In 2002, the most recent year for which data was reported, the 
Ministry of Labor estimated that 7.1 percent of children ages 5 to 14 
worked. In June, the National Commission for the Eradication of Child 
Labor (CONAETI) estimated that up to 1.5 million children, or 23 
percent of the child population under the age of 15, worked in some 
capacity. The rate was believed to be higher in rural areas.
    Child labor in urban zones increased following the 2001 economic 
crisis and included such work as trash recycling, street sales, 
domestic labor, and food preparation. Children also were involved in 
prostitution, sex tourism, and drug trafficking, although firm 
statistics were unavailable (see Section 5).
    CONAETI worked with unions and other groups to train rural child 
labor monitors, and with provincial authorities in the tri-border area 
to undertake activities to address child sexual exploitation. The 
program director in Puerto Iguazu had received approximately 60 reports 
of child sex exploitation and, at year's end, was working with 15 minor 
girls and their families to provide counseling and to get the girls 
back into school.

    e. Acceptable Conditions of Work.--The monthly national minimum 
wage increased from $105 to $150 (300 to 450 pesos); however, it still 
did not provide a decent standard of living for a worker and family. 
Most workers in the formal sector earned significantly more than the 
minimum wage.
    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 were 
not enforced universally, particularly for workers in the informal 
sector who constituted an estimated 40 percent of the workforce.
    The law requires employers 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 unhealthy work 
situations without jeopardy to continued employment. However, 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.

                               __________

                                BAHAMAS

    The Commonwealth of the Bahamas is a constitutional, parliamentary 
democracy governed by a prime minister, a cabinet, and a bicameral 
legislature, with an appointed governor general. Prime Minister Perry 
Christie's Progressive Liberal Party (PLP) regained control of the 
Government after May 2002 elections that observers found to be 
generally free and fair. The judiciary is independent.
    The Royal Bahamas Police Force (RBPF) maintains internal security, 
and the small Royal Bahamas Defence Force (RBDF) 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 security forces 
occasionally committed human rights abuses.
    The country has a market-based economy that depends primarily on 
tourism, which accounts for 60 percent of the gross domestic product. 
The country's population is approximately 310,000, not including an 
additional estimated 30,000 illegal Haitian immigrants. 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 10.2 percent in March, but may have 
temporarily increased following the hurricane season.
    The Government generally respected the human rights of its 
citizens; however, problems remained in several areas. There were 
reports of unlawful killings by police and that police occasionally 
beat and abused detainees. Conditions at the prison and detention 
center 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.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of political killings by the Government or its agents; however, 
there were reports that the RBPF committed unlawful killings. Police 
killed four persons the year, and the cases remained under 
investigation before the Coroner's Court at year's end.
    In February 2003, the body of a young man was found on the Grand 
Bahama Freeway. Although the family of the victim made allegations of 
police mistreatment, further investigation by the Coroner's Court 
during the year indicated that the victim's wounds were the result of a 
traffic accident.
    There were no new developments in the case of the August 2003 
killing of a 16-year-old girl by a RBPF reserve police officer or the 
2002 police shooting of a young man. At year's end, these cases were 
still before the Coroner'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 torture and other cruel and 
degrading treatment or punishment; however, the police occasionally 
beat or otherwise abused suspects. Many past allegations of abuse 
involved beatings to extract confessions; however, no formal complaints 
involving beatings to extract confessions were filed during the year. 
Local media reported an increase in allegations of police brutality and 
police shootings in particular. 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 (see 
Section 1.d.).
    In February, a detained 19-year-old from Grand Bahama claimed he 
was stripped, handcuffed to a tree, and beaten with a metal pipe to 
extract a confession. He was released, but, subsequently, he was 
charged with attempted armed robbery, and the case was pending a court 
decision. The Chief of Police in Grand Bahama admitted this was ``not 
an isolated event,'' and investigators were sent from New Providence 
Island to conduct inquiries; however, there were no further 
developments in the case at year's end.
    Conditions at Her Majesty's Prison at Fox Hill, the only prison, 
remained harsh. Overcrowding was a major problem. The men's maximum-
security block, originally built in 1953 to hold 400 to 600 inmates, 
held more than 800 of the approximately 1,400 total inmate population. 
The remaining prisoners were housed in medium- and minimum-security 
units that were at, or above, intended capacity. Opened in 2002, the 
Remand Center provided some overcrowding relief. However, prison 
officials estimated there were approximately 700 prisoners awaiting 
trial, many of whom were confined in cells with convicted prisoners. 
The recidivism rate at Fox Hill Prison was 69 percent.
    Prisoners initially were assigned to the Maximum Security Unit 
before a housing determination was made as a means of ``breaking them 
in'' to prison life. Male prisoners were crowded into poorly ventilated 
cells that generally lacked regular running water, toilets, and laundry 
facilities. Most prisoners lacked beds. Many of them slept on concrete 
floors and were locked in small cells 23 hours per day. Maximum-
security inmates were allowed outside for exercise 4 days a week for 1 
hour per day. Inmates reported that food service operations improved 
from the previous year due to a professional staff overseeing the 
inmate cooking staff; however, some unsanitary conditions in food 
preparation remained.
    Prison officials estimated that approximately 8 percent of the 
prison population was infected with the HIV virus and one-third 
suffered from tuberculosis. Amnesty International (AI) stated in a 2003 
report that the HIV infection rate was closer to 20 percent.
    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. A farming program for the prisoners 
to become more self-sufficient continued during the year, although the 
program has decreased in size pending the purchase of an additional 10 
acres. Modern training facilities were equipped with new computers, and 
the prison also offered some educational and literacy programs for 
prisoners; however, less than 25 percent of inmates participated in 
these programs. In October, the Ministry of National Security held a 3-
day symposium to discuss prison reform.
    In February, authorities reopened an investigation into the 2000 
death of Sidney McKenzie, a Fox Hill Prison inmate, after fellow 
inmates who initially had refused to testify for fear of retaliation 
told the courts that a prison guard beat and killed him. The 
investigation was ongoing at year's end.
    Women were held separately from male prisoners. The prison's female 
population was approximately 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. However, women did not 
have access to the technical or vocational programs available to male 
prisoners.
    The maximum-security building has a separate section for juvenile 
offenders between the ages of 16 and 18. There was occasional mixing of 
juveniles with adult inmates depending upon the severity of their 
crimes. Offenders younger than 16, 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.
    In October 2003, two girls died and a third was injured severely in 
a fire at the center. The girls were found in a padlocked room. At 
year's end, a trial was ongoing to determine whether the Center 
employed adequate fire safety procedures to evacuate the children. 
Employees at the center suggested that there were no functioning fire 
extinguishers, and that a fire drill had not taken place for many 
years. An investigation by the Attorney General's office was ongoing at 
year's end. Fire drills at the Willie Mae Pratt Center and the Simpson 
Penn Center for Boys have since recommenced.
    The Migration Detention Center on Carmichael Road can hold up to 
500 detainees (with tent space for an additional 500), and women and 
men were housed separately. Haitians and Cubans were the most commonly 
interdicted migrants. The highest occupancy during the year was 
approximately 700 in spring, with an additional 250 at a temporary 
holding facility on the island of Great Inagua. Children under the age 
of 14 were held in the women's dormitory. Many children arriving with 
both parents were not allowed contact with the father. Despite the 
potential of being held for long stretches of time, these children did 
not have access to educational materials or a place to exercise and 
play. A foreign government donated money to install a water 
purification system at the center to provide migrants with clean 
drinking water.
    In October, allegations of abuse against Haitian, Cuban, and 
Jamaican inmates, including women and children, and rumors of untreated 
tuberculosis at the Detention Center were made public. Inmates also 
complained of poor food quality, lack of potable drinking water, and 
brutality by security officers. In December, following a statement by 
the Minister of Immigration to Parliament that the allegations were 
baseless, Cuban detainees burned a dormitory at the center.
    Domestic and international human rights groups visited the prison 
and detention center during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, police occasionally arrested 
and detained persons arbitrarily. In general, the authorities conducted 
arrests openly and, when required, obtained judicially issued warrants.
    The 3,000-member RBPF is commanded by a Commissioner who is 
supported by a Deputy Commissioner, four Assistant Commissioners, and a 
Director of Human Resources. The RBPF is divided into three districts: 
Headquarters, New Providence/Southern Bahamas, and Grand Bahama/
Northern Bahamas.
    The Police Complaints and Corruption Branch, which reports directly 
to the Deputy Commissioner, 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. The 
Government appointed a four-person committee to oversee the complaints 
and corruption branch; members report directly to the Minister of 
National Security and consult with the Police Commissioner. Police 
officials insisted that their investigations were fair and thorough. A 
police officer involved in shooting or killing a suspect automatically 
is placed under investigation. In addition, the officer's weapon and 
permit are taken, and the officer must undergo mandatory counseling. 
There were 330 complaints against the police during the year, compared 
with 302 in 2003. Of these 330 cases, 165 remained under investigation 
at year's end. Following investigations into complaints against police 
during the year, including assault, wrongful arrest, and excessive use 
of force, two police officers were imprisoned, three were dismissed 
from the RBPF, and four were charged before the Magistrate's Court. 
Police officials believed that continuing turnover in personnel was a 
contributing factor in disciplinary cases.
    The law provides that a suspect must be charged within 72 hours of 
arrest. 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. Serious cases, including those of 
suspected narcotics or firearms offenses, do not require warrants where 
probable cause exists. Some persons on remand claimed they were not 
brought before a magistrate within the 72-hour time frame. The 
Government generally respected the right to a judicial determination of 
the legality of arrests.
    The Bail Act prohibits bail for repeat offenders and those accused 
of certain violent crimes. 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. Many foreign suspects paid 
bail and fled the country to avoid prosecution and extended detention.
    Arrested persons may hire an attorney of their choice; however, the 
Government only provided legal representation to destitute suspects 
charged with capital crimes. In a 2003 report, AI estimated that 41 
percent of inmates did not have legal representation at their trial. 
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.
    In September, authorities released a Jamaican national after the 
Supreme Court ruled that he had been unlawfully detained for 14 years. 
The Jamaican completed a court-mandated 14-year sentence for 
manslaughter in 1989, but a lack of effective record keeping following 
his release and confusion about his nationality resulted in his 
detention for 14 more years without additional charge. The matter 
subsequently was resolved and he was released with an apology following 
the filing for a writ of habeas corpus.
    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. It was not unusual for a murder suspect to be held 2 
years before trial and on occasion up to 4 years. A 2003 AI report 
stated that, in August 2002, at least 735 of the over 1,000 prisoners 
at Fox Hill were awaiting trial. The same report revealed that 78 
pretrial prisoners had been on remand for over 2 years.
    The authorities detained illegal immigrants, primarily Haitians and 
Cubans, at a detention center located off Carmichael Road until 
arrangements could be made for them to leave the country, or they 
obtained legal status. Haitians usually were repatriated within 48 
hours, due to increased cooperation between Bahamian and Haitian 
authorities and improved efficiency in processing. Average length of 
detention varied significantly by nationality and availability of funds 
to pay for repatriation. Illegal immigrants convicted of crimes other 
than immigration violations were held at Fox Hill prison, where they 
often remained for weeks or months after serving their sentences, 
pending deportation.

    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. Defendants enjoy a presumption of innocence until proven 
guilty and are permitted to question witnesses at trial. There is a 
functioning system of bail; however, individuals who cannot post bail 
are held on remand for indefinite time periods. Magistrate court 
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. During the year, the Court of 
Appeals reported that it reduced its backlog to 6 months.
    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 recruited from abroad. There were isolated 
complaints of deviations from normal, fair court proceedings--
particularly in civil matters--but there were no indications that this 
was a widespread problem.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits 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; however, a police inspector or more senior police official 
may authorize a search without a court order where probable cause to 
suspect a weapons violation or drug possession exists.
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 and did not restrict academic 
freedom.
    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 has two television stations, one 
operated by the state-owned Broadcasting Corporation of the Bahamas, 
and a privately owned station. The state-owned station 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.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. Groups must obtain 
permits to hold public demonstrations, and the authorities generally 
granted such permits.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Constitution explicitly calls for respect for Christian 
values. There were no allegations of religious freedom violations 
during the year.
    For a more detailed discussion, see the 2004 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 prohibits forced exile, and the Government did not use it.
    The country is a signatory to both the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol; however, the 
Government has not established a consistent system for providing 
protection to all refugees and asylum seekers. The Government 
particularly faced difficulties with regard to Haitian migrants. All 
Cuban migrants were given the opportunity to apply for asylum. In 
practice, the Government provided protection against refoulement, the 
return of persons to a country where they faced persecution, and 
applications for political asylum were adjudicated on a case-by-case 
basis at the cabinet level.
    The Government cooperated with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees. The Government asserted that all migrants who 
claimed asylum were interviewed by trained immigration officials; 
however, this claim was disputed by AI. The UNHCR reviewed the 
interview records of cases they were provided and offered 
recommendations 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. There was a lack of 
Creole-speaking immigration officers, and Haitian migrants often were 
unaware of their right to claim asylum, resulting in limited requests 
for asylum screening. In addition, those requesting asylum screening 
often lacked access to legal counsel.
    The Department of Immigration reported that 3,034 persons were 
repatriated to their home countries during the year. The authorities 
did not grant asylum during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    The country is a constitutional, parliamentary democracy governed 
by a prime minister and a bicameral parliament. General elections are 
held at least every 5 years. 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 PLP and the opposition Free 
National Movement (FNM). In 2002, the PLP won 29 of 40 seats in the 
House of Assembly and formed the new Government under Perry Christie. 
The FNM won seven 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 passes 
legislation, the Senate is primarily a deliberative body that serves as 
a public forum to discuss national problems and policies.
    There were no laws providing for public access to government 
information; however, in practice, the Government provide such access 
in most cases.
    The 40-seat House of Assembly had 8 elected female members; there 
were 7 appointed female senators, including the President of the 
Senate. A woman served as Deputy Prime Minister and Minister of 
National Security. Women also headed several other ministries.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several domestic and international human rights groups generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials were 
cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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. During the year, the RBPF reported that 12 of the 
44 recorded killings were the result of domestic violence, a 5 percent 
increase from 2003. Women's rights groups 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 for all incoming officers 
and offered continuing training in domestic violence. The police force 
specifically made efforts to increase awareness of domestic violence in 
the Family Islands. The courts impose various legal constraints to 
protect women from abusive spouses or companions. Advocates for women's 
rights saw a need to improve the effectiveness of enforcement of court 
orders.
    The Government operated a toll-free hotline in New Providence and 
Grand Bahama, with trained volunteers to respond to emergency calls 24 
hours a day. Government and private women's organizations conducted 
public awareness campaigns highlighting the problems of abuse and 
domestic violence. The Ministry of Social Services, in partnership with 
a private company, operated a safe house to assist battered women.
    Rape, including spousal rape, is illegal. The maximum penalty for a 
first-time offender is 7 years and, in the case of a second or 
subsequent conviction, the penalty is 14 years. On occasion, rapists 
are given life sentences. Some rape accusations brought by foreign 
victims did not result in formal charges. The RBPF issued a report 
stating there were 86 rapes reported during the year, down from 111 in 
2003. More than half of the victims knew their attacker. The RBPF 
credited public outreach programs and the involvement of the Department 
of Social Services, the Crisis Center, and the Adolescent Clinic for 
this decrease. Prosecutions and convictions on rape charges were 
common, and the maximum penalty was frequently applied.
    Prostitution is illegal. On November 7, police raided a local strip 
club and arrested all 76 persons present, including locals and 
nationals from several foreign countries. Several individuals were 
charged with ``soliciting for immoral purposes.'' Police placed 
plainclothes officers in various nightclubs to monitor illegal 
activities. Police officials acknowledged that sex entertainment was a 
developing industry.
    The Constitution does not provide women 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. Prominent women of all political 
persuasions continued to push for an amendment to the Constitution and 
revision of related laws to redress this situation.
    Women participated fully in society and were well represented in 
the business and professional sectors.

    Children.--The Government claimed child welfare and education were 
priorities, but lacked sufficient funding to maintain and improve 
standards.
    Public schools, in particular, lacked basic educational materials, 
and facilities were overcrowded and substandard. Public education is 
compulsory for children through the age of 16, and most children attend 
school until this age. Cultural biases often forced unwed, pregnant 
teenagers to leave public schools, and a quasi-governmental group 
sought to create an alternative school program for these girls. The 
Ministry of Social Services is responsible for abandoned children up to 
18 years of age, but had very limited resources at its disposal. The 
government hospital housed 19 abandoned children (all of whom had 
physical disabilities) during the year, as there was no effective 
foster care program in which to house them.
    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. During the summer months, the RBPF operated 
a hotline in response to an increase in the number of reports of 
missing or exploited children.
    From January through November, the Ministry of Social Services 
reported 539 cases of child abuse, including 45 reports of incest, 142 
reports of physical abuse, 80 reports of sexual abuse, 260 reports of 
neglect, 3 reports of verbal abuse, and 9 reports of abandonment. The 
Ministry estimated that only one-third of cases were reported.
    The law requires that all persons who have contact with a child 
they believe to be sexually abused report their suspicions to the 
police. However, the same reporting requirement does not apply to cases 
of physical abuse, which health care professionals believed occurred 
quite frequently. The police referred reported cases of sexual and 
physical abuse to the Ministry of Social Services, which investigates 
them and can bring criminal charges against perpetrators. The Ministry 
may remove children from abusive situations if the court deems it 
necessary. In May, the Ministry reopened a center for abused and 
neglected children.

    Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons; however, there were no reports that 
persons were trafficked to, from, within, or through the country, 
although the lack of a legal distinction may have obscured trafficking 
within the vulnerable illegal migrant communities. The Penal Code bans 
prostitution, and the maximum penalty is 5 years' imprisonment. The 
Code also prohibits the procurement of persons for purposes of 
prostitution either in or outside the country by force, threats, 
intimidation, or the administering of drugs and carries a penalty of 8 
years' imprisonment. In June and November, the International 
Organization for Migration, in conjunction with other organizations, 
held seminars to inform relevant authorities of anti-trafficking 
methods, including preventative measures and raising awareness.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. Although the law 
mandates certain accommodations for persons with physical disabilities 
in new public buildings, the authorities rarely enforced this 
requirement. There were housing units in Nassau designed specifically 
for persons with disabilities, but very few buildings and public 
facilities were accessible to them. Parking for persons with 
disabilities was provided in most parking lots. Advocates for persons 
with disabilities complained of widespread job discrimination and 
general apathy on the part of private employers and political leaders 
toward the need for training and equal opportunity.
    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 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 limited education, training, counseling, and job 
placement services for adults and children with both physical and 
mental disabilities.
    In December, the Bahamas Council for Disability held a symposium in 
conjunction with the Ministry of Social Services. During the symposium, 
participants voiced concerns about the draft Anti-Discrimination of 
Persons with Disabilities Bill.

    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 
(approximately 10 percent of the total population) resided in the 
country legally, some observers believed that an equal or greater 
number were in the country illegally. Haitian children were granted 
access to education and social services. Children born in the country 
of non-Bahamian parents or to a Bahamian mother and a non-Bahamian 
father do not automatically acquire citizenship.
    Although Haitians and Bahamians of Haitian descent generally were 
well integrated into society, nonviolent interethnic tensions and 
inequities persisted. Some members of the Haitian community complained 
of discrimination in the job market, and resentment concerning 
continued Haitian immigration was widespread. For example, individuals 
born in the country to Haitian parents were required to pay the tuition 
rate for foreign students while waiting for their request for 
citizenship to be processed. However, reports of ethnic violence or 
blatant discrimination against legally resident Haitians were scarce.

    Other Societal Abuses and Discrimination.--Social discrimination 
against homosexuals was evident. Although homosexual relations between 
consenting adults are legal, there is no legislation to address the 
human rights concerns of homosexuals, lesbians, bisexuals, or 
transgendered persons. The Parliament passed the Employment Bill of 
2001 only after removing a clause barring discrimination in the 
workplace based on sexual orientation.
    In July, several religious groups protested the Government's 
acceptance of a port visit from a cruise ship catering to gay families. 
Widespread homophobia and religiously based objection to homosexuality 
led to reports of job termination following disclosure of sexual 
orientation and discrimination in housing.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides labor 
unions with the right of free assembly and association, and workers 
exercised 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. Almost one-quarter of the work force (and 
80 percent of the workers in the important hotel industry) belonged to 
unions.
    Under the law, labor disputes first are filed with the Ministry of 
Labor and then, if not resolved, are transferred to an industrial 
tribunal. The tribunal follows normal court procedures for the 
admission of evidence, direct examination, and cross-examination. The 
tribunal's decision is final and only can be appealed in court on a 
strict question of law. Some employers complained that the industrial 
tribunal was biased unfairly in favor of employees.

    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 law provides for the right to strike, and workers exercised 
this right in practice; however, the Government has the right to 
intervene in the national interest to assure delivery of essential 
services. 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 Ministry of Labor must supervise the vote. 
Several unions threatened several work stoppages against both public 
and private employers during the year.
    Freeport is a specially designated free trade zone. Labor law and 
practice in this zone do not differ from those in the rest of the 
country. However, human rights advocates asserted that the Port 
Authority has allowed the Hong Kong-based company Hutchison-Whampoa, 
which owns the harbor, airport, and many major hotels in Freeport, to 
discourage unions.
    In June, 300 Freeport workers went on a 5-day strike to protest the 
firing of a coworker who had led an unofficial labor union within 
Hutchison-Whampoa. Approximately 30 workers subsequently were fired for 
taking part in the strike.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, and there 
were no reports that such practices occurred.

    d. Prohibition of Child Labor 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; however, some children 
worked part time in light industry and service jobs. Children under the 
age of 16 may not work at night. There was no legal minimum age for 
employment in other sectors. The Ministry of Labor and Immigration is 
responsible for enforcing these laws.

    e. Acceptable Conditions of Work.--The minimum wage for government 
employees, set in 2000, was $4.45 (B$4.45) per hour. A minimum wage for 
the private sector was established in 2002 at $4.00 (B$4.00) per hour. 
In view of the high cost of living, these minimum wages did not provide 
a decent standard of living for a worker and family. The law provides 
for a 40-hour workweek, a 24-hour rest period, and requires overtime 
payment (time and a half) for hours worked beyond the standard 
workweek.
    The Ministry of Labor is responsible for enforcing labor laws and 
has a team of inspectors that conducts 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.

                               __________

                                BARBADOS

    Barbados is a longstanding constitutional democracy with a 
multiparty, parliamentary form of government. In the May 2003 
parliamentary elections, which were considered generally free and fair, 
citizens returned Prime Minister Owen Arthur of the Barbados Labour 
Party (BLP) for a third successive term in office. The judiciary is 
independent.
    The Royal Barbados Police Force (RBPF) numbers 1,283 with an 
additional 123 Special Constables and is responsible for internal law 
enforcement. The small Barbados Defense Force (BDF) maintains national 
security and may be called upon to maintain public order in times of 
crisis, emergency, or other specific need. The civilian authorities 
maintained effective control of the security forces. Some members of 
the security forces committed some human rights abuses.
    The market-based economy relied on tourism, services, light 
manufacturing, and agriculture. The country's population is 
approximately 278,000. The Government was the largest employer, 
employing about 20 percent of the workforce. Real economic growth was 
estimated at 2.9 percent and the average inflation rate was 
approximately 1.4 percent. The unemployment rate fell to 10 percent 
compared with 11.7 in 2003.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a few areas. There were 
occasional allegations of excessive use of force by police and reports 
of poor prison conditions. Societal violence against women and children 
remained problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
politically motivated killings by the Government or its agents; 
however, security forces killed five persons, including two persons 
during the arrest process, and two individuals who suffered from mental 
illnesses. In April, police revamped the use of force policy to provide 
non-lethal means of incapacitating a suspect. All cases remained under 
investigation at year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution specifically prohibits torture and 
inhuman or degrading punishment or other treatment; however there were 
reports that police sometimes used excessive force. The majority of 
complaints against the police alleged unprofessional conduct and 
beating or assault. A Police Complaints Authority was established in 
September, and by year's end there were 12 complaints filed against the 
police. Authorities filed charges against three police officers accused 
of using excessive force against two citizens. In May, three off-duty 
plainclothes officers beat two spectators following a cricket match. 
The officers involved were suspended until the trial, which had not 
occurred 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. 
Police regularly were accused of beating suspects to obtain 
confessions; suspects often recanted their confessions during their 
trial. There were numerous cases where the only evidence against the 
accused was a confession.
    Prison conditions remained inadequate. The sole adult prison 
(Glendairy) was antiquated and overcrowded, with more than 1,006 male 
and female inmates in a 150-year-old structure built for 350 inmates.
    There is a separate wing for female prisoners at the adult prison. 
The sole juvenile prison has separate facilities for boys and girls. 
There are separate areas for pretrial detainees and convicted prisoners 
at the prison; however, there was occasional mixing due to space 
constraints.
    The Government allowed private groups to visit prisons to observe 
conditions, and such visits occurred during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and imprisonment, and the Government generally 
respected these prohibitions in practice.
    The RBPF is responsible for internal law enforcement. Although the 
police largely were unarmed, special RBPF foot patrols in high crime 
areas carried firearms in response to public concern. An armed special 
rapid response unit continued to operate. The law provides that the 
police can request the BDF to assist them as needed with special joint 
patrols.
    The Office of Professional Responsibility, headed by a 
superintendent, handled complaints of inappropriate police conduct. In 
September, the independent Police Complaints Authority began operating 
to review complaints against the police. The authority reported 12 
complaints filed by year's end.
    Police are authorized to arrest persons suspected of criminal 
activity. The Constitution permits detainees to be held without charge 
for up to 1 week; however, once charged, detainees must be brought 
before a court of law without unnecessary delay. During the year, two 
detainees were released after 2 years in prison because the Government 
failed to bring their cases to court. There is a functioning bail 
system. Criminal detainees were given prompt access to counsel and were 
advised of that right immediately after arrest. Access to family 
members generally was permitted.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary includes the court of first instance, or Magistrate's 
Court, and the Supreme Court, which consists of the High Court and 
Court of Appeals. 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 without unnecessary delay 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 
in family matters, child support, criminal cases such as rape or 
murder, and all cases involving minors.
    There is a limit of approximately $2,100 (BP 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. The case was pending at year's end.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
    The Government did not censor mail; however, the Government 
restricted the receipt and importation of foreign publications deemed 
to be pornographic.
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 and did not restrict academic 
freedom.
    The independent media were active and expressed a wide variety of 
views without restriction. There were two independent daily newspapers, 
both of which presented opposition political views. There were nine 
radio stations, three 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.
    In October, the CBC refused to air a program critical of police 
conduct in restricting media access during a high profile wedding.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. The law requires police 
approval for public assemblies, which was granted routinely. Gatherings 
related to school activities do not require written police permission.
    A court date still had not been set after students filed charges in 
2003 against members of the police for using excessive force in 
response to student demonstrations at the University of the West Indies 
in 2001. All parties remained free on bail.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. While the predominant religion was Christianity, members of 
many other religions worshipped freely.
    For more detailed information, see the 2004 International Religious 
Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The Constitution prohibits forced exile, and it was not used.
    The Government has not formulated a policy regarding refugees or 
asylum. In practice, the Government provided protection against 
refoulement, the return of persons to a country where they feared 
persecution, but did not routinely grant refugee status or asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    Political parties compete in free and fair elections by secret 
ballot at least every 5 years. All citizens over the age of 18 may 
vote. The Prime Minister exercises executive power along with the 
Cabinet of Ministers that he appoints, balanced by the bicameral 
Parliament and the judicial system. In the May 2003 elections, the BLP, 
led by Prime Minister Owen Arthur, won its third parliamentary 
election, returning to office with a 23 to 7 seat majority over the 
Democratic Labor Party.
    Access to information was provided on government websites; however, 
requests for specific government information by citizens and other 
interested parties often were delayed for excessive periods of time.
    Approximately one-third of cabinet members were women, including 
the Deputy Prime Minister, who was served concurrently as the Attorney 
General and Minister of Home Affairs. There were 4 women and no 
minorities in the 30-seat Parliament. There were 7 women and 3 
minorities in the 21-member Senate.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials were cooperative and 
responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal treatment under the law, 
regardless of race, religion, or sex, and the Government generally 
respected these rights in practice.

    Women.--Violence and abuse against women continued to be 
significant social problems. One official reported that one of every 
five injured women treated in the emergency room was a victim of 
domestic violence. The Police Commissioner stated that there were 84 
rapes reported during the year. Spousal abuse remained a significant 
problem during the year, despite legal protections against spousal rape 
for women holding a court-issued divorce decree, separation order, or 
nonmolestation order.
    The Domestic Violence Law provides protection to all members of the 
family, including men and children, and 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. Penalties 
depend on the charge and severity and include a fine for a first time 
offense (unless the injury is serious) up to the death penalty for a 
killing. Police reported 491 complaints of domestic violence. The 
courts heard a number of cases of domestic violence against women 
involving assault or injury. Victims may request restraining orders, 
which the courts often issued. The courts can sentence an offender to 
jail for breaching such an order. The police have a Victim Support 
Unit, made up of civilians and volunteers, which 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 operated a crisis center staffed by trained counselors and 
provided legal and medical referral services. The Government funded a 
shelter for battered women, operated by nongovernmental organizations, 
which accommodated 20 women and children. The shelter offered 
psychological and physiological counseling by trained counselors to 
victims of domestic violence.
    Prostitution is illegal, but it remained a problem, fueled by 
poverty and tourism. The media occasionally reported about 
prostitution, usually in the context of concern over HIV/AIDS. There is 
no statute specifically prohibiting sexual tourism, and no statistics 
on it; however, anecdotal evidence suggested it occurred.
    Sexual harassment in the workplace was a problem, but no statistics 
were available. Media reports often indicated that women were afraid to 
report sexual harassment because they feared abuse in the workplace. 
The Barbados Workers Union continued to seek guidelines on sexual 
harassment in contracts and agreements it concluded with employers.
    The Office of Gender Affairs in the Ministry of Social 
Transformation worked to ensure the rights of women. Women actively 
participated in all aspects of national life and were well represented 
at all levels of the public and private sectors. 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, continued to 
increase. Women have equal property rights, including after a divorce.

    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, free, and 
universal education until the age of 16. The Government estimated that 
98 percent of children between the ages of 5 and 16 attended school. 
The highest educational level achieved by most children was secondary 
school.
    The national health insurance program provided children with free 
medical and dental services for most medical conditions.
    The Child Care Board has a mandate for the care and protection of 
children, which involved investigating day care centers and cases of 
child abuse or child labor, and providing 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. Through 
October, 953 cases of child abuse were reported, including 243 cases of 
physical abuse, 224 cases of sexual abuse, 396 cases of neglect, 85 
cases of emotional abuse, and 5 cases of abandonment.

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

    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. In practice, 
persons with disabilities faced discrimination. Informal surveys 
suggested that there were 10,000 to 12,000 persons with disabilities in 
the country. The Ministry of Social Transformation operated a 
Disabilities Unit to address the concerns of persons with disabilities. 
However, in October, a group of parents accused the Government of not 
providing higher education for deaf children. Officials from the 
Ministry of Education stated that there was no law preventing deaf 
students from gaining higher education, but the students were not up to 
standard. There were also complaints of added fees assessed to parents 
and transport difficulties for children with disabilities at government 
schools. The Labor Department, a unit within the Ministry that finds 
jobs for persons with disabilities, has long advocated the introduction 
of legislation prohibiting discrimination.
    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.

    Other Societal Abuses and Discrimination.--There are no laws that 
prohibit discrimination against a person on the basis of sexual 
orientation in employment, housing, education, or health care. Societal 
discrimination was common, although reported incidents of 
discrimination against homosexuals dropped significantly during the 
year.
    The Government sustained 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.
    In October, the Labor Department, in association with the 
International Labor Organization (ILO), established a partnership to 
reduce the stigma of AIDS in the workplace.
Section 6. Worker Rights
    a. The Right of Association.--Workers freely exercised their right 
to form and belong to trade unions. Approximately 19 percent (28,800) 
of the 148,000-person workforce was unionized; unionized workers were 
concentrated in key sectors, such as transportation, government, and 
agriculture.
    Although employers were under no legal obligation to recognize 
unions under the law, 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 provide a method of redress for 
employees who allege wrongful dismissal. The courts commonly awarded 
monetary compensation but rarely ordered reemployment.

    b. The Right to Organize and Bargain Collectively.--Workers 
exercised the legal right to organize and bargain collectively. Since 
1993, a series of negotiated protocols have contained provisions for 
increases in basic wages and increases based on productivity. There are 
no export processing zones.
    The law provides for the right to strike, and workers exercised 
this right in practice. All private and public sector employees are 
permitted to strike, but essential workers may strike only under 
certain circumstances and after following prescribed procedures. The 
ILO 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 did not 
take any action to do so.
    At year's end, the Government was still reappraising civil service 
salary scales.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, and there 
were no reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law provides for a minimum working age of 16, and this provision 
generally was observed in practice. 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. The minimum wage 
for these employees is $2.50 (BP 1.55), which provided a decent 
standard of living for a worker and family; most employees earned more 
than the minimum wage. 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 
respects ILO conventions, standards, and other sectoral conventions 
regarding maximum hours of work. However, there is no general 
legislation that covers all occupations. Work in excess of 8 hours a 
day or 40 hours a week or work on a holiday or day off requires 
payments of a premium. 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 law provides for occupational safety and health standards. The 
Labor Department enforced health and safety standards and followed up 
to ensure that management corrected problems cited. The law 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 Labor Department's 
Inspections Unit conducted several routine annual inspections of 
government-operated corporations and manufacturing plants. During the 
year, two workers died after exposure to toxic fumes while cleaning the 
waste well at a local brewery. Workers were not provided with masks or 
other needed safety equipment for this dangerous task. Workers had a 
limited right to remove themselves from dangerous or hazardous job 
situations without jeopardizing their continued employment.

                               __________

                                 BELIZE

    Belize is a constitutional parliamentary democracy governed by the 
Prime Minister, a cabinet of ministers, and a legislative assembly. 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 22 of the 29 seats in the House of 
Representatives following generally free and fair multiparty elections 
in March of 2003. The judiciary is independent.
    The Police Department has primary responsibility for law 
enforcement and maintaining order. The Belize Defense Force (BDF) is 
responsible for external security but, when deemed appropriate by 
civilian authorities, may be tasked to assist the police department. 
Armed BDF soldiers routinely accompanied police patrols in Belize City 
in an attempt to reduce the violent crime rate. The police report to 
the Minister of Home Affairs, while the BDF report to the Minister of 
Defence. The civilian authorities maintained effective control of the 
security forces. Some members of the security forces 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 273,000. There was a very 
small industrial sector, comprising limited agribusiness, clothing, and 
boat manufacturing. The agricultural sector was heavily dependent upon 
preferential access to export markets for sugar and bananas. Gross 
domestic product grew at an estimated rate of 4 percent, while 
inflation was estimated at 3 percent; 45 percent of the population 
lived in poverty.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Police allegedly 
committed unlawful killings. Brutality and excessive use of force by 
members of the security forces, allegations of arbitrary arrest and 
detention, and lengthy pretrial detention were problems. Domestic 
violence and discrimination against women, sexual abuse of children, 
and employer mistreatment of undocumented foreign workers also were 
problems. There were reports of trafficking in persons and child labor 
was prevalent.
                        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 
politically motivated killings by the Government or its agents; 
however, the security forces were accused of some unlawful or 
unwarranted killings.
    On February 12, police constable Burton Caliz shot and killed Leroy 
Pilgrim at the waterside in San Pedro. After stopping and searching 
Pilgrim, two officers took him to the water to search his boat. Caliz 
claimed that a struggle over an illegal firearm led to the fatal 
shooting, but subsequent police investigations found no evidence to 
support that scenario. On March 29, Caliz was arrested and charged with 
manslaughter. At year's end, his trial was still pending.
    There were no developments in the 2003 manslaughter cases against 
police constable Sheldon Arzu and BDF private Giovanni Gutierrez. The 
trial of police constable Sherwood Wade on charges of manslaughter 
resulted in a hung jury, and a re-trial was pending at year's end. The 
prosecution dropped charges against police constable Kevin Alvarez in 
connection with the 2002 shooting death of Albert Pennil.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture or other inhuman 
punishment; however, there were numerous reports that 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 
abuse featured in the press were never reported to the Ombudsman's 
office. In many cases, the Government ignored reports of abuses; 
withheld action until the case had faded from the public's attention, 
at which point no action was taken; or transferred guilty officers to 
other districts. The Government did take action in a small number of 
cases. 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.
    On March 30, San Ignacio police constable Julio Shal shot and 
injured Pedro Guzman. Guzman had been detained in connection with a 
burglary, and was released after 48 hours. The night of Guzman's 
release an inebriated Shal, in plain clothes, forced Guzman into a car 
at gunpoint. He proceeded to threaten Guzman with his gun, eventually 
shooting him in the hand. On March 31, Shal was arrested and charged 
with attempted murder, use of deadly means of harm, and possession of a 
firearm while under the influence of alcohol. Shal's trial was ongoing 
at year's end.
    On September 14, the police suspended police constables Clayton 
Marin and Cyril Wade and charged them with dangerous harm in connection 
with the beating of Emile Pinelo. While arresting him and later at the 
police station, Marin and Wade allegedly choked, punched, repeatedly 
kicked, and beat Pinelo. Police initially denied Pinelo medical care 
but eventually took him to the hospital where he was treated for 
multiple injuries, including a broken nose and a head injury. Pinelo 
suffered massive internal injuries and required emergency surgery to 
remove 25 inches of his small intestine.
    Police superintendent Ewart Itza was acquitted on all charges 
stemming from a 2003 brutality investigation. Prosecutors appealed his 
case to the Supreme Court and that appeal was pending at year's end. 
The Director of Public Prosecutions had no record of charges against 
police constable Adrian Lopez, who was reportedly charged in December 
with attempted rape and indecent assault.
    Prison conditions were poor, but they improved during the year. The 
country's only prison, in Hattieville, designed for 500 inmates, held 
approximately 1,120 male and 40 female prisoners. The prison budget 
provided only $6 (Bz$12) per prisoner per day to cover all operating 
costs. In the remand section, 220 detainees shared 40 15- by 20-foot 
cells that were designed to hold 150. The prison had a medical clinic 
with four beds, a full-time doctor, and two nurses. Prisoners often had 
to pay for their own treatment and medicine. Under the oversight of the 
Ministry of Home Affairs, the nonprofit Kolbe Foundation managed 
Hattieville Prison and concentrated on improving professionalism of 
prison guards, reducing waste and corruption, and using prison labor on 
prison infrastructure projects.
    There were reports that prison wardens and guards sometimes 
brutalized troublesome prisoners. A common punishment was placing 
inmates in a small, unlit, and unventilated punishment cell. Inmates 
claimed that prison officials sometimes withheld food and water as 
further punishment.
    In addition, prisoners enforced their own code of conduct and 
attacked prisoners convicted of heinous crimes such as child 
molestation. Prisoners convicted or accused of such crimes often were 
housed in the immigration section for their protection.
    The prison included a separate facility for women, located 200 
yards outside the main compound. Conditions in the women's facility 
were significantly better than those in the men's compound. The 40 
women held there occupied 17 cells. The facility was clean, and inmates 
had access to limited educational and vocational classes.
    Juvenile prisoners lived in a separate, newly built facility 
outside the main perimeter fence. The youthful offenders program 
included 16 hours per day of structured schooling, exercise, and 
vocational training.
    Pretrial detainees and immigration violators were held in 
overcrowded cells separate from convicted criminals. Inmates with 
mental illnesses were housed in separate cells. First-time offenders 
were housed in the same building as those who committed capital crimes. 
Incidents of gang- and drug-related violence in the prison continued. 
Prison breaks, confiscation of weapons, and reports of beatings also 
occurred during the year.
    The Government permitted prison visits by independent human rights 
observers, and such visits took place during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest or detention, and the Government generally observed 
these prohibitions; however, there were occasional accusations of 
arbitrary arrest and detention.
    The 950-member national police force had a hierarchical structure 
and generally was effective in responding to complaints; however, lack 
of resources and corruption were problems. Police, who were poorly 
paid, sometimes succumbed to bribery.
    The Police Department's internal affairs and discipline (IAD) 
section, the Director of Public Prosecutions (DPP), and the Ombudsman's 
office investigated allegations of police abuses. According to the IAD, 
there were a number of sanctions against police officers for 
infractions during the year. Through October, the IAD handled 124 
complaints against the police. Eleven police officers were disciplined, 
three were dismissed, and five were arrested and charged.
    Police were required to obtain search or arrest warrants issued by 
a magistrate, except in cases of hot pursuit, when there was probable 
cause, or if the presence of a firearm was suspected. Customs officers 
could search a premise with a writ of assistance issued by the 
Comptroller of Customs. The law requires police to inform a detainee of 
the cause of detention and to bring the person before a court to be 
charged formally within 48 hours of arrest. In practice, 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 dismissed when the Judges' Rules were 
violated. More commonly, a confession obtained through violation of 
these rules was deemed invalid. Detainees usually were granted timely 
access to family members and lawyers, although there were occasional 
complaints that inmates were denied access or 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, 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. At year's end, 18 percent of the prison population was in 
pretrial detention (see Sections 1.c. and 1.e.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    Judges hold lifetime appointments (until the mandatory retirement 
age of 65). There were four Supreme Court justices and 17 magistrates; 
only 3 magistrates had a legal background. Most judges were members of 
the civil service and routinely were transferred between court and 
administrative postings. The Government appointed the DPP for life. The 
DPP reported no attempted political interference in his job.
    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. The family court is at the same level as the 
magistrate's courts; however, trials in cases that came before the 
family court generally were private. The convicted party in family 
court may appeal to the Supreme Court. 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 is mandatory in capital 
cases.
    Persons accused of civil or criminal offenses have constitutional 
rights to presumption of innocence, protection against self-
incrimination, defense by counsel, a public trial, and appeal. 
Defendants have the right to be present at their trial unless the 
opposing party feared 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. Most defendants could not afford an attorney 
and 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. A 
severe lack of trained personnel constrained the judicial system, and 
police officers often acted as prosecutors in the magistrate's courts. 
Although the DPP replaced 11 of the inadequately trained and 
inexperienced police prosecutors with full-time prosecutors, the new 
hires often had little legal and prosecutorial background.
    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 more than 1 year. Citing a lack of evidence and uncooperative 
witnesses, the DPP dismissed a large number of cases. Despite an 
increase in serious crimes, poor case management, lack of attorney 
discipline, and several cases that had been ongoing for years, the 
backlog of cases was shrinking, largely because many cases were simply 
dismissed. However, other cases were continued repeatedly.
    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, some disputes regarding the 
Government's exercise of eminent domain rights remained unresolved 
despite pending for years in the courts.
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 and did not restrict academic 
freedom. 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, 2 of 
which were owned by major political parties. There were no daily 
newspapers. All newspapers are subject to the constraints of libel 
laws, but these laws have not been invoked in several years. Newspapers 
were routinely critical of the Government without fear of reprisal.
    There were 10 privately owned commercial radio stations and 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 
retained the right to preview certain broadcasts, such as those with 
political content, and to delete any defamatory or personally libelous 
material from political broadcasts, a prerogative that has not been 
exercised in several years.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. The 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. Political parties and other groups with 
political objectives freely held rallies and mass meetings.

    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 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The Constitution prohibits exile, and it was not used.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, but the Government has not established a 
system for providing protection to refugees. Since 1999, the Government 
has not accepted asylum applications, and there was no legislation that 
formalized the asylum process. Until the Government closed its Refugee 
Department in 1999, the U.N. High Commissioner for Refugees (UNHCR) 
relied upon a local nongovernmental organization (NGO) to monitor the 
status of asylum seekers and to represent its interests. The Government 
had no procedure in place to accept or resettle refugees and has not 
recognized any individual as a refugee since 1997.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. All elections were held by secret ballot, and 
suffrage was universal for citizens age 18 and older. The country is 
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. In March 2003, the PUP won re-
election, maintaining 22 of 29 seats in the House of Representatives in 
generally free and fair elections. The opposition United Democratic 
Party (UDP) gained a seat in an October 2003 by-election, reducing the 
PUP majority to 21 seats.
    Corruption worsened during the year. In July, the media reported on 
inappropriate investments by the Social Security Board whereby the 
Government reportedly authorized the use of millions of dollars in 
public funds to shore up the business interests of well-connected 
citizens. Following the revelation, 7 of the 13 cabinet ministers 
threatened to resign unless the Prime Minister dismissed the Minister 
of Finance and allowed more cabinet oversight of public finances. The 
parties reached a compromise solution that included the Prime Minister 
taking over the Finance portfolio and two of the seven dissenters 
gaining roles as Ministers of State in the Finance Ministry. On August 
28, nearly 10,000 persons marched in protest of the scandal, calling 
for an independent investigation of the matter. Following weeks of 
turmoil, the Prime Minister ordered a Senate investigation, which was 
ongoing at year's end.
    Public surveys and Transparency International indicated that 
community perception of corruption rose. In addition to the Social 
Security scandal, the Government faced questions over the sale of 
public lands and assets for significantly less than market value. On 
April 28, the Printers Association sued the Government for full 
disclosure on the privatization of the Printing Department, claiming 
that the Government divested that national asset at far below market 
value. On October 15, the Court of Appeals upheld a Supreme Court 
ruling that the Government must turn over the 5-year contract and 
ordered them to produce an inventory of the assets that were included 
with the privatization.
    The Freedom of Information Act provides for public access to 
documents of a Ministry or prescribed authority upon written request, 
although it protects a number of categories, such as documents from the 
courts or those affecting national security, defense, or foreign 
relations. The Government must supply, in writing, the reason for any 
denial of access, the name of the person making the decision, and 
information on the right to appeal to the Ombudsman. The Ombudsman 
reported that he had received no such appeals between April 2003 and 
March.
    There were 2 women in the 29-seat House of Representatives, 1 of 
whom was appointed to serve as Speaker of the House. There were 3 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.
    There are 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 usually were 
cooperative and responsive to their views.
    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.
    In March, the Belize Center for Human Rights Studies opened in 
Belmopan. The Center was a non-profit educational institution colocated 
with the University of Belize, with the primary mission of furthering 
human rights education at the tertiary level, conduct research, and 
promote discussion of human rights issues.
    There is an independent Ombudsman whose role is to act as a check 
against governmental abuses. The Ombudsman stated in his fourth annual 
report that he received 244 formal complaints between April 2003 and 
March. While most complaints were against the Government, a number were 
against private entities. There were 114 complaints against the Police 
Department, 35 regarding the Lands Department, 21 against the 
Department of Corrections, and 19 against the Family Court. The 
Ombudsman investigated the majority of these cases and published his 
findings on many of them in the annual reports.
    Drug trafficking charges against human rights activist Antionette 
Moore were dropped in May. The charges against her husband, radio 
personality Michael Flores, were pending at year's end. Detained and 
charged in 2003, Flores had been warned by police prior to his arrest 
to stop his commentary against police brutality.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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. There was 
some societal discrimination against persons with HIV/AIDS, and the 
Government worked to combat it through the public education efforts of 
the National AIDS Commission.

    Women.--Domestic violence against women was a worsening problem. 
The Family Violence Unit of the police recorded approximately 1,200 
instances of domestic violence against women during the year, of which 
55 percent came from Belize City. One nine-bed 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, including spousal rape. Despite a 25 percent 
increase in reported rapes during the year, the number of convictions 
declined. The police and courts treated rape more seriously than in 
previous years, but it was still not a priority. The Magistrate's Court 
reported three convictions for rape and one for attempted rape, with 
sentences ranging from 10 to 12 years' imprisonment. Arrests and 
convictions for rape received widespread press coverage. The police and 
courts enforced statutory rape laws, with 5 convictions.
    Adult prostitution is legal; however, the law prohibits loitering 
for prostitution, operating a brothel, and soliciting for prostitution. 
The laws, which carry penalties of fines up to $500 (Bz$1,000) or 1 
year's imprisonment, were enforced weakly. Several prominent brothels 
operated openly.
    The law prohibits sexual harassment, and it was punishable by a 
fine of up to $250 (Bz$500) or imprisonment of up to 3 months. No 
sexual harassment cases were brought during the year.
    Despite constitutional provisions for equality, women faced social 
and economic prejudice. It was harder for women to find employment, and 
most employed women were concentrated in female-dominated occupations 
with low status and wages. There was an unofficial policy of 
nontolerance toward unwed pregnant teachers, who were often dismissed. 
In April, Maria Roches won a $150,000 (Bz$300,000) lawsuit against a 
Catholic school that released her from a teaching position after she 
told management that she was pregnant. In recent years, the proportion 
of women in higher education increased, and 63 percent of students at 
the University of Belize were women.
    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. The law mandates 
equal pay for equal work; however, women tended to earn less than men; 
the median monthly income for a working woman was $353 (Bz$706) 
compared with $374 (Bz$748) for a man.
    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.

    Children.--The Government was committed to children's rights and 
welfare. 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 one-
half of the children finishing primary school. Education was nominally 
free, but school, book, and uniform fees placed education out of reach 
for many poor children. Approximately 71 percent of school-age children 
were enrolled in school; the enrollment rate was 96 percent at the 
elementary level and less than 60 percent at the secondary level. 
Statistics from 2001 indicated that 81 percent of students reached 
fifth grade. There were also many truants and dropouts. A 2003 study 
concluded that girls were victims of discrimination in the schools. 
Schools often expelled pregnant students, requiring the students to 
wait 1 year before applying for readmission.
    Several government-run clinics provided health care to children. 
Boys and girls had equal access to such care.
    Child abuse was not considered to be widespread or a societal 
problem; the Family Violence Unit recorded approximately 100 cases of 
domestic violence against children a year. Sexual abuse of minors, 
including incest, was a problem. The Families and Children Act allows 
authorities to remove a child legally from an abusive home environment 
and requires parents to maintain and support children until they reach 
the age of 18.
    A widespread practice was that of parents selling their female 
children to an older man, often a friend of the family (see Section 5, 
Trafficking).
    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 5, 
Trafficking), and worked with NGOs and UNICEF to promote children's 
welfare.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked within and to 
the country, mainly from neighboring countries.
    The law prohibits all forms of trafficking in persons; offenses are 
punishable by fines of up to $5,000 (Bz $10,000) and imprisonment of up 
to 8 years.
    Two persons were convicted of trafficking in persons. On April 14, 
the proprietor of an Orange Walk bar pled guilty to one count of 
trafficking. She was fined $1,000 (Bz $2,000) or, in default, 1 year in 
prison. On May 14, a foreign retiree was sentenced to 2 years in prison 
after he pled guilty to trafficking in persons. There were no 
convictions on the trafficking charges stemming from the August 2003 
raid of 42 brothels. There were no new developments in the trafficking 
cases against two male foreigners who were arrested in October 2003. In 
January, prosecutors dropped the carnal knowledge charges against John 
Majarrez, which dated from his arrest in 2002.
    There were no authoritative estimates on the extent of trafficking. 
Women and girls were trafficked to the country from neighboring 
countries primarily for prostitution and nude dancing. Victims 
generally lived in squalid conditions in the bars where they worked. 
Some bar owners held their passports and work permits, but most victims 
had access to their own money. Agents of the bars and brothels were 
hired to lure women and girls to the country, and they or taxi drivers 
along the border delivered the unsuspecting victims to brothels.
    There were reports of persons trafficked for labor purposes. 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.
    The National Committee for Families and Children reported instances 
of minors engaged in prostitution with older men, in some cases 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, government 
attempts to prosecute the men for unlawful carnal knowledge were 
stymied by the unwillingness of the girls' families to press charges.
    The law also provides for limited victims' assistance, although, in 
practice, government resources were too limited to provide meaningful 
aid to victims. Under the law, non-citizen victims willing to assist in 
prosecuting traffickers are eligible for residency status.
    In 2003, the Government formed a National Task Force to combat 
human trafficking, comprising multiple ministries, NGOs, diplomatic 
representatives, police, immigration, and prosecution personnel. The 
task force established a protocol for investigating and handling 
trafficking cases under the new law.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. The law neither 
provides specifically for accessibility for persons with disabilities 
nor prohibits job discrimination against them. In 2001, the Government 
transferred responsibility for disability service provision to private 
companies and NGOs, such as the Belize Association of and for Persons 
with Disabilities and the Belize Center for the Visually Impaired. 
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 for 9 separate Mayan reserves; however, Mayan 
leaders claimed an ancestral right 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.
    In August, the mayor of Belmopan sent a letter to the Prime 
Minister requesting help dismantling illegal Mayan communities on the 
outskirts of the city and relocating the inhabitants. The mayor's plan 
led to a September protest by indigenous peoples and reignited the 
debate over land for the Maya.
    At year's end, the Government had not responded to the 2003 Inter-
American Commission on Human Rights (IACHR) report recommending that it 
recognize the Mayan right to traditionally occupied communal property 
and demarcate such property before taking any further actions on 
disputed land. In November, the IACHR rebuked the Government for not 
acting on the recommendations.
Section 6. Worker Rights
    a. The Right of Association.--By law and in practice, workers 
generally were free to establish and join trade unions. Eight 
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. The National Trade Union 
Congress of Belize accepted only unions that held free, annual 
elections of officers. Both law and precedent effectively protect 
unions against dissolution or suspension by administrative authority.
    The Constitution prohibits anti-union discrimination. In a report 
released July 14, however, the International Confederation of Free 
Trade Unions (ICFTU) encouraged the Government to take measures to 
protect workers from anti-union discrimination, particularly in the 
banana sector and the export processing zones. The report stated that 
the fine of $125 (Bz$250) did not dissuade acts of anti-union 
discrimination. According to the Trade Unions and Employers 
Organizations Act, any worker who is a victim of anti-union 
discrimination can seek redress in the Supreme Court with allowable 
judgments of up to $2,500 (Bz$5,000). Some employers blocked union 
organization by firing key union sympathizers, usually on grounds 
purportedly unrelated to union activities. Effective redress was 
extremely difficult to obtain in such situations. 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.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, and unions practiced it freely. 
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. Should either union or management choose not to accept 
the Commissioner's decision, both are entitled to a legal hearing.
    Unions may organize freely, but the law does not require employers 
to recognize a union as a bargaining agent if there is no union that 
covers more than 50 percent of the workers.
    The law permits unions to strike and does not require them to give 
notice before going on strike. However, this right is limited for 
public sector workers in areas designated as ``essential services,'' 
which are broadly defined and include postal, sanitary, health and 
other services as well as services in which petroleum products are 
sold. The Essential Services Act also empowers the Government to refer 
a dispute to compulsory arbitration to prohibit or terminate a strike.
    There are no special laws or exemptions from the regular labor laws 
in the country's 4 general and 26 special export processing zones 
(EPZs). There were no unions in the EPZs.

    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced or bonded labor, including by children; however, there 
were reports that such practices occurred (see Section 5).

    d. Prohibition of Child Labor 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 
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 are responsible for enforcing these 
regulations.
    In its July report, the ICFTU stated that child labor was 
prevalent, particularly in family farms and businesses, and that child 
labor laws were not well-enforced. In 2003, the Central Statistical 
Office (CSO) estimated that 6 percent of children between the ages of 5 
and 17 were working, half of them in hazardous work. The CSO study did 
not include the sizeable undocumented population, many of whom were not 
in school. In 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 food, crafts, and other 
small items, and worked in markets. Teenage girls, some of whom were 
trafficked from neighboring countries, worked as domestic servants, and 
some were rumored to work as bar maids and prostitutes (see Section 5, 
Trafficking).

    e. Acceptable Conditions of Work.--The minimum wage was $1.12 
(Bz$2.25), except for domestic workers in private households, shop 
assistants in stores where liquor was not consumed, and in export 
industries, where it was $1.00 (Bz$2.00) per hour. The minimum wage law 
did not cover workers paid on a piecework basis. The Ministry of Labor 
was charged with enforcing the minimum wage, which generally was 
respected in practice. The national minimum wage did not provide a 
decent standard of living for a worker and family.
    The law sets the 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 after being employed continuously for at 
least 5 years.
    The exploitation of undocumented Central American workers, 
particularly young service workers and agricultural workers, continued 
to be a problem.
    A patchwork of health and safety regulations covered numerous 
industries, and the Ministry of Labor enforced these regulations to 
varying degrees. The Government committed its limited inspection and 
investigative resources principally to urban and more accessible rural 
areas where labor, health, and safety complaints were registered. 
Workers had the legal right to remove themselves from a dangerous 
workplace situation without jeopardy to continued employment, and they 
were able to exercise this right in practice.

                               __________

                                BOLIVIA

    Bolivia is a constitutional, multiparty democracy with an elected 
president and bicameral legislature; the country has separate 
executive, legislative, and judicial branches of government, with an 
attorney general independent of all three. On October 17, 2003, 
protesters forced President Gonzalo Sanchez de Lozada, who been elected 
in free and fair elections in August 2002, to resign from office. After 
a vote in Congress, Vice President Carlos Mesa Gisbert assumed office 
and restored order. Mesa appointed a non-political cabinet and promised 
to revise the Constitution through a constituent assembly. The 
Constitution provides for an independent judiciary; however, the 
judiciary suffered from corruption, inefficiency, and political 
manipulation.
    The National Police has responsibility for internal security. The 
military is responsible for external security but also has domestic 
responsibilities. The Judicial Technical Police (PTJ) conduct 
investigations for common crimes (cases that do not involve narcotics); 
the police provide security for coca eradication work crews in the 
Chapare region; the Special Counternarcotics Force (FELCN), including 
the Mobile Rural Patrol Unit (UMOPAR), is dedicated to antinarcotics 
enforcement. Civilian authorities maintained effective control over the 
security forces. Some members of the security forces committed human 
rights abuses.
    The country has a market-oriented economy that continued to be 
affected by social unrest and corruption. Approximately 65 percent of 
the population of 8.5 million lived below the poverty line. The country 
is rich in minerals and hydrocarbons; however, most workers were 
engaged in traditional agriculture or self-employed in the informal 
sector, and many citizens were barely linked to the cash economy. 
During the year, the economy grew by approximately 3.5 percent. Wages 
and benefits did not keep pace with inflation. 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. The human rights 
situation improved compared to the previous year, and the country held 
its first national referendum in many decades. Security forces killed 
at least three persons and injured dozens of protesters during episodes 
of violent social unrest. Three members of the security forces also 
were killed and dozens of others injured during social demonstrations 
or while enforcing coca eradication policies. There were credible 
reports of abuses by security forces, including use of excessive force, 
extortion, and improper arrests. There were reports that military 
conscripts were mistreated. Prison conditions were harsh, and violence 
in prisons was a problem. There were credible reports of arbitrary 
arrest and detention. Prolonged detention remained a problem. The 
Government continued to implement a new Public Ministry Law to adapt 
the prosecutorial function of the judicial system to the requirements 
of the Code of Criminal Procedures (CCP). Other problems included 
pervasive domestic violence and discrimination against women, abuse of 
children, trafficking in persons, discrimination against and abuse of 
indigenous people, and discrimination against Afro-Bolivians and 
persons because of their sexual orientation. Child labor and brutal 
working conditions in the mining industry were serious problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of politically motivated killings committed by government 
agents; however, there were problems in some areas. Security forces 
killed at least three protesters and injured dozens of others during 
violent demonstrations (see Section 2.b.).
    On September 28, in the Bustillos area of the Chapare, inside the 
Isiboro Secure nature reserve, approximately 300-350 coca growers 
(cocaleros), including women and children, attacked members of the 
Joint Eradication Task Force (FTC) who were preparing to eradicate 
illegal coca plants inside the park. During the previous days, the 
cocaleros had laid siege to the FTC camp and employed pressure tactics 
such as digging trenches and felling trees to dissuade the FTC from 
completing its assignment. The cocaleros attacked the security forces 
with dynamite, some firearms, and potentially lethal slings. The police 
in the FTC fired tear gas and responded according to the sequence 
prescribed in its rules of engagement. Nevertheless, the confrontation 
escalated, and a gunshot killed cocalero Juan Colque. Two boys claimed 
they saw a soldier shoot Colque, but this was not confirmed. On October 
14, Genaro Canaviri also died of a bullet wound that he sustained in a 
morning confrontation with security forces, in which a number of 
civilians and members of the security forces also were injured. The 
Human Rights Ombudsman Representative in the Chapare, the Public 
Ministry, and the military launched investigations into both killings. 
The Government agreed to compensate the families of the two dead coca 
growers and negotiated an agreement with cocaleros to allow 3,200 
hectares of coca to be exempt from eradication until a legal study of 
market consumption for the coca leaf has been completed.
    On December 20, at the El Paila ranch, in Santa Cruz Department, 
Medrin Colque Mollo was killed by a gunshot, presumably fired by 
police, during a confrontation between more than 100 squatters and 
security forces who sought to remove the squatters from private land 
they had occupied for more than 2 years. Eleven other persons, 
including four policemen, were injured. Central Government and 
departmental authorities launched an investigation, which was pending 
at year's end.
    Public Ministry investigations continued into the events of 
February 2003 that left 33 people dead and some 200 injured and into 
the October 2003 events that left 56-80 persons dead and more than 400 
injured. On October 14, the Congress authorized the Supreme Court to 
try former President Sanchez de Lozada and 15 members of his Cabinet 
for their role in the October violence.
    There has been no progress in the January 2003 shooting death of 
coca grower Willy Hinojosa in the Chapare. The Public Ministry 
investigation remained pending at year's end.
    There were no significant developments and none expected in the 
2002 killing in Sinahota, Chapare, of Marcos Ortiz Llanos, who 
allegedly was shot by soldiers from the now-disbanded Chapare 
Expedition Force (FEC) during a cocalero demonstration.
    There were several deaths due to violence in the prisons during the 
year (see Section 1.c.).
    While the investigation remained open, there were no significant 
developments and none were expected in the 2001 killing of Casimiro 
Huanca Coloque, a leader in the Chimore Coca Growers Federation, during 
a confrontation between the FEC and cocalero protesters. A military 
court and the Public Ministry had concluded earlier that there was 
insufficient evidence to charge the FEC soldier who had fired the shot.
    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, on 
December 17, Congress appointed a new Attorney General and filled 
longstanding vacancies on the Supreme Court and the Judicial Council. 
The Congressional Human Rights Committee, the Ombudsman's office, the 
Vice Ministry of Justice and its Directorate of Human Rights, and 
nongovernmental organizations (NGOs) continued to press the Government 
to expedite action in the cases.
    On February 27, in Santa Cruz, prosecutor Monica von Borries was 
killed when a bomb planted in her car by unknown persons, exploded. 
Police suspected Marco Marino Diodato, a dangerous narcotics trafficker 
who had escaped earlier from prison. The Attorney General's office was 
investigating the case, and several arrests and indictments have been 
made.
    There were fewer reports of killings of government security forces 
by nongovernmental actors compared with the previous year. On June 6, 
in the town of San Pablo, 200 soldiers escorted police in an operation 
to clear roadblocks with explicit orders to carry only non-lethal 
equipment. The security forces walked into a well-planned ambush by 
armed attackers and were unable to properly defend themselves. An 
officer, Saul Coronado, was killed, and 27 soldiers were injured. Two 
peasants, Hernan Masay and Eddy Argmon, also were killed, but 
preliminary ballistics and forensic analyses indicated that small 
caliber bullets of the type used by the ambushers had caused their 
wounds. Military and civilian authorities were still investigating the 
incident at year's end.
    On March 30, disgruntled miner Eustaquio Picachuri, who had entered 
the National Congress with dynamite strapped to his body, blew himself 
up, killing policemen Marvel Flores and Rene Amurrio and injuring 11 
bystanders.
    Investigations continued into the numerous booby trap and sniping 
incidents in the Chapare in 2003 that killed or injured security 
personnel eradicating illegal coca plants.
    There was no significant progress and none was in the 2002 case of 
the deaths of four men at Sindicato Los Yukis. The Attorney General's 
investigation continued at year's end.
    There were several reported cases of alleged criminals beaten, 
lynched, or burned by civilians, sometimes resulting in death. For 
example, on June 15, the townspeople of Ayo Ayo lynched and burned 
mayor Benjamin Altamirano. Several arrests were made, and the Public 
Ministry was investigating the incident at year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and the 
Government generally respected these provisions; however, there were a 
number of allegations of beatings and abuse by members of the security 
forces.
    For example, during the year, the Chimore Center for Justice and 
Human Rights (CCJHR), which was converted into an Integrated Justice 
Center, received 8 complaints from a total of 15 civilians that 
security forces either had abused them or stolen their property. Cases 
were not formally filed with the Public Ministry but instead were 
referred for action to the Police Office of Professional 
Responsibility.
    Spanish citizen Francisco Javier Villanueva alleged that he was 
tortured by Santa Cruz police following his April arrest in connection 
with the February car bombing and murder of State Prosecutor Monica Von 
Borries (see Section 1.a.). Villanueva, who remained under arrest in 
Palmasola prison, claimed that he had been abducted by plainclothes 
policemen and subjected to beatings, electric shocks, suffocation, near 
drowning, and death threats at an undisclosed location. Amnesty 
International and other NGOs claimed that medical evidence supported 
his assertion and protested the case. However, eyewitnesses stated that 
Villanueva had aggressively resisted police when he was arrested with a 
warrant and that he was injured while being forcibly restrained. A 
Public Ministry investigation was pending at year's end.
    No significant progress was made in the January 2003 injuring of 
two coca growers, during a protest at Cruce Vueltadero or in the 
January 2003 beating cases of Gabina Contreras and her husband 
Crecencio Espinosa near Santa Rosa, allegedly by army soldiers. The 
latter case remained under investigation at year's end.
    Security forces clashed with demonstrators on several occasions 
during the year, resulting in the deaths of three to five demonstrators 
and dozens of injuries (see Section 2.b.). At least some of the 
injuries were attributed to tear gas canisters, rubber bullets, and 
live ammunition used by the security forces. Investigations into these 
incidents were pending at year's end.
    The Public Ministry continued its investigation into allegations 
that security officials beat cocalero leaders whom they detained in 
Sacaba during the disturbances in 2002 and that they beat other 
civilians to try to learn the names of those responsible for security 
officers' deaths.
    There also were credible allegations that military commissioned 
officers and NCOs beat and otherwise mistreated military conscripts.
    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 (see Section 5).
    Prison conditions were harsh. Prisons were overcrowded and in poor 
condition. Escapes were frequent, including that of Marco Marino 
Diodato, a dangerous criminal charged with murder and narcotics crimes, 
who fled while receiving medical treatment. 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 maintained control, 
and criminal gangs operated from their cells without hindrance. 
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. The number of persons held in detention centers, 
intended to hold persons prior to the completion of their trials and 
sentencing, significantly decreased due to provisions in the new CCP.
    According to the Director General of the Penal System in the 
Ministry of Government, as of October, there were 6,768 prisoners (821 
women and 5,947 men) in facilities designed to hold 4,700 prisoners.
    A prisoner's wealth may determine cell size, visiting privileges, 
day-pass eligibility, and place or length of confinement. Cell prices 
reportedly were paid to prior occupants or to prisoners who controlled 
cellblocks. Although only children up to 6 years old were supposed to 
live with an incarcerated parent, children as old as 12 lived with 
their fathers in San Pedro prison. In October, there were approximately 
730 children living with a parent in prison, as an alternative to being 
left homeless. The standard prison diet could cause anemia. The 
government's daily budget for a prisoner's food was $0.41 (3.3 
bolivianos), and prisoners who could afford to do so supplemented the 
standard prison diet by buying food. Food and conditions at the almost 
empty Chimore detention facility were better than elsewhere. 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 could obtain transfers to preferred prisons or even 
to outside private institutional care for ``medical'' reasons, as in 
the case of Colombian National Liberation Army (ELN) suspect Francisco 
``Pacho'' Cortes who was moved from Chonchocoro to San Pedro Prison. 
Inmates who could pay had access to drugs and alcohol.
    There were no significant developments in the case of Mauricio 
``Chichuriru'' Suarez who was found dead in his cell in Chonchocoro 
prison under mysterious circumstances in 2003. Other inmates were 
suspected in his death, but the case remained under investigation.
    There are separate prisons for women, except for Morros Blancos 
prison in Tarija, where both men and women were incarcerated. 
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.
    There were 706 convicted juvenile (under the age of 21) prisoners 
who were not segregated from adult prisoners in jails. Rehabilitation 
programs for juveniles or other prisoners were scarce to nonexistent. 
Pretrial detainees were not held separately from convicted prisoners.
    The Government permitted prison visits by independent human rights 
observers and news media representatives, and such visits took place 
during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The National Police have primary responsibility for internal 
security, but military forces may be called upon for help in critical 
situations, which occurred during the year. Several senior police 
officers were fired and charged for off-duty crimes, and a number were 
dismissed for corruption. However, prosecutors were reluctant to 
prosecute security officials for alleged offenses committed while on 
duty, in part because they rely on the PTJ to investigate their own 
officers.
    Arrests were carried out openly, but there were credible reports of 
arbitrary arrest and detention. The CCP requires an arrest warrant, and 
the police must inform the prosecutor of an arrest within 8 hours. The 
Constitution requires that a detainee must be presented before a judge 
within 24 hours. The CCP provides that within this 24-hour period a 
prosecutor must obtain a judge's determination as to the 
appropriateness of continued pre-trial detention or release on bail, 
and the judge must order the detainee's release if the prosecutor fails 
to show sufficient grounds for arrest; however, credible reports 
indicated that in some cases detainees were held for more than 24 hours 
without court approval.
    Many prisoners still awaited either trial or sentencing, but the 
courts provided release on bail for some prisoners. Judges 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 the 
suspect's travel.
    Prisoners could see a lawyer, but approximately 70 percent could 
not afford legal counsel, and public defenders were overburdened (see 
Section 1.e.).
    Approximately 2,090 people have been trained in the new CCP, 
including judges, prosecutors, public defenders and police. Training 
for police and prosecutors included safeguarding human rights during 
criminal investigations.
    Denial of justice through prolonged detention remained a problem, 
although the CCP 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 release 
by a judge; however, judicial corruption, a shortage of public 
defenders, inadequate case-tracking mechanisms, and complex criminal 
justice procedures kept some persons incarcerated for months before 
trial.
    Children from 11 to 16 years of age may be detained indefinitely in 
children's centers for known or suspected offenses, or for their 
protection, on the orders of a social worker. There is no judicial 
review of such orders (see Section 5).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; 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. The 
Supreme Court hears appeals in general, while the Constitutional 
Tribunal only hears appeals on constitutional issues.
    The CCP provides for a system of transparent oral trials in 
criminal trials; requires that no pretrial detention exceed 18 months; 
provides for a maximum period of detention of 24 months in cases in 
which a sentence is being appealed; and mandates a 3-year maximum 
duration for a trial.
    The law provides that the prosecutor is in charge of the 
investigative stage of a case. The prosecutor instructs the police what 
witness statements and evidence are needed to prosecute the case. 
Counternarcotics prosecutors lead the investigation of narcotics cases. 
The prosecutor tries misdemeanor cases (with possible sentences of less 
than 4 years) before a judge of instruction and felony cases (with 
possible sentences of more than 4 years) before sentencing courts, each 
of which features a five-member panel that includes three citizen 
members and two professional judges.
    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 
were protected systematically, although the CCP facilitated more 
efficient investigations, transparent oral trials, and credible 
verdicts.
    The National Public Defense Service has been established to provide 
indigent defendants with a defense attorney at public expense. However, 
budget shortages led to reducing the Service's staff to 54 public 
defenders and 9 legal assistants, and there was a particular shortage 
of public defenders in rural areas.
    The CCP also recognizes the conflict resolution (community justice) 
traditions of indigenous communities, provided that the resolution does 
not conflict with the rights and guarantees established under the 
Constitution.
    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.
    The military justice system generally was susceptible to senior 
level influence and tended to avoid 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 major infractions, the case is forwarded to a military 
court. Authorities recognized conflicts over military and civilian 
jurisdiction in certain cases involving human rights. On May 7, the 
Constitutional Court overturned an earlier decision by the La Paz 
District Court in favor of re-trying in civil courts four military 
officers accused in deaths of two civilians and injuring another in 
February 2003. This decision set a precedent for trying military 
personnel in civilian courts in human rights cases involving the 
military and civilians. During the year, the armed forces benefited 
from international training on human rights and worked to reform its 
Military Code.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice; however, 
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 against security forces. 
Those who were engaged in alternative development activities were also 
reluctant to pursue formal complaints against coca growers because of 
fear of reprisals by the coca syndicates.
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 and did not restrict academic 
freedom; however, there were 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; however, there were instances when 
journalists were threatened, injured, or held hostage by private 
individuals or groups critical of their reports.
    La Patria journalist Carmen Torres received death threats from 
members of the Inti Wara Wassi community, near Oruro, for having 
exposed the trafficking of wild animals. Police on occasion forcibly 
expelled reporters covering the news.
    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. Allegations that journalists have violated 
the Constitution or citizens' rights are referred to the 40-person 
Press Tribunal, an independent body authorized to evaluate journalists' 
practices. On January 21, in the first judgment rendered since its 
creation in 1929, the Tribunal found a reporter not guilty of charges 
that he caused injuries and defamation.
    The Government prohibited the importation of pornographic books, 
magazines, and artwork.
    The Government did not restrict access to the Internet.

    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 at 
least two persons and injured dozens of others during episodes of 
violent social unrest (see Section 1.a. and 1.c.).
    The law provides for freedom of association, and the authorities 
generally respected this right in practice. The Government requires 
NGOs to register with the appropriate departmental government, but 
compliance was lax and authorities granted such registration easily.

    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 Government (approximately 300 priests 
received 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. No overt acts of 
societal violence were reported against Jewish people; however, one 
Jewish group voiced its concern over ``skin head'' groups who were 
disseminating anti-Semitic hate mail on the Internet.
    For a more detailed discussion, see the 2004 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, protesters blocked major highways at various times at 
different locations throughout the country. Blockades in Desaguadero 
and permanent check points by coca growers in La Asunta caused 
considerable economic damage. Although the Government did not revoke 
citizenship for political or other reasons, many Bolivian citizens 
lacked basic identity documents, which prevented them from obtaining 
international travel documents.
    The Constitution prohibits forced exile of citizens, and the 
Government did not employ it.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees and asylum seekers; 
however, at year's end, the Government had not accepted any of the 22 
persons who applied for refugee status, in part, because of red tape 
and delays associated with the process.
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. However, many citizens lacked identity documents 
necessary to vote. Political parties ranging from far left to moderate 
right functioned openly. Elections for national offices and municipal 
governments are held every 5 years.
    In August 2002, Gonzalo Sanchez de Lozada of the centrist 
Nationalist Revolutionary Movement assumed the presidency after he was 
elected in a joint session of the Congress following the June 2002 
national election. Although there were some allegations of vote-
counting irregularities, most observers, including a mission from the 
Organization of American States, concluded that the elections were free 
and fair. On October 17, 2003, opposition protesters, including radical 
union and other dissidents and indigenous peasants (some of them 
coerced into protesting), forced President Sanchez de Lozada to resign 
from office. After a vote in Congress, Vice President Carlos Mesa 
Gisbert assumed office and restored order.
    The National Electoral Court (CNE) and its lower departmental 
courts oversee the electoral process, including voter registration, 
tabulation, and certification of ballots. The CNE selects departmental 
electoral court members, and Congress chooses head departmental 
electoral members. On July 4, Congress enacted a law to permit small 
citizen and indigenous groups that meet certain criteria to participate 
in the municipal elections. On July 18, a majority of eligible voters 
participated in a peaceful and orderly national referendum on gas.
    In addition to frequent complaints of corruption in the justice 
system, there was a high profile case of corruption involving former 
Minister of Government, Yerko Kukoc, who received a 2-year suspended 
prison sentence for wrongful use of government funds. There also were 
nepotism scandals in Congress and corruption cases involving senior 
police officials, most of whom were fired. NGOs involved in land 
takeovers and disputes were also suspected of illegal gain.
    There was no specific information available on laws providing 
access to government information or whether the Government provided 
such access in practice.
    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 increased female representation to approximately 30 
percent of municipal council positions. There were 31 women among the 
157 deputies and senators, 4 women among the 45 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 25 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 
generally were cooperative and responsive to their views; however, NGOs 
and the Ombudsman complained that occasionally government security 
forces and ministries refused to cooperate with investigations 
conducted by the NGOs or the Ombudsman. Security forces continued to 
provide credible evidence that radical groups used some NGOs as a cover 
for subversive activities. For example, in April 2003, police in El 
Alto arrested Colombian ELN suspect Francisco ``Pacho'' Cortes, who was 
posing as a human rights worker. Cortes and two companions possessed 
narcotics, seditious material, weapons, and bomb-making equipment.
    The Human Rights Ombudsman is a position with a 5-year term 
established in the Constitution. Congress chooses the Ombudsman, who is 
charged with providing oversight for the defense, promotion, and spread 
of human rights, specifically to defend citizens against abuses by the 
Government. Indigenous persons filed most of the complaints received by 
the Ombudsman. The congressional Human Rights Committee investigated 
alleged human rights abuses committed in 2003, including those in the 
Chapare and those related to the events of the February 12-13 and the 
September-October gas war. On October 14, the Congress voted to allow 
the Supreme Court to try former President Sanchez de Lozada and his 
former 15 cabinet members for the events of October 2003. The Public 
Ministry was also investigating the October and February 2003 events.
    The CCJHR continued to be active in the Chapare region and moved to 
expand its role as an ``Integrated Justice Center'' to include conflict 
resolution. It reported its findings to the Vice Ministry of Justice in 
the Ministry of the Presidency, disseminated human rights information, 
accepted complaints of abuses committed, kept records, and referred 
complaints to the Public Ministry. The CCJHR also housed a medical 
forensic expert and an investigative staff to review complaints.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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 and underreported 
problem. According to the Center for the Information and Development of 
the Woman (CIDEM), women made 86 percent of the 22,039 complaints of 
physical, psychological, and sexual abuse reported to the Family 
Protection Brigades or municipal legal services in the major cities of 
La Paz, Santa Cruz, Tarija, Sucre, Oruro, Potosi, Trinidad, Cochabamba, 
and El Alto between January and August. CIDEM noted that the statistics 
``did not reflect the full magnitude of the problem of violence against 
women'' and that ``a great number of women'' did not report the 
aggression they faced on a daily basis.
    The family laws prohibiting mental, physical, and sexual violence 
provided penalties of fines or up to 4 days in jail, uncless the case 
becomes a public crime subject to the Penal Code; however, these laws 
were enforced irregularly. The Government took few meaningful or 
concrete steps to combat domestic violence.
    Rape also was a serious but underreported problem. The Law on 
Domestic and Family Violence makes the rape of an adult a public crime; 
however, the victim must press charges. The law 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 the statutory rape of a person from 14 
to 18 years of age, and 5 to 20 years for forcible rape of a child. 
Forcible rape of an adult is punished by sentences ranging from 4 to 10 
years' imprisonment. The CCP provides that crimes against adults 
included in previous laws on sex crimes may be made public crimes; 
however, the victim still must testify. Sexual crimes against minors 
automatically are considered public crimes in which the state presses 
charges.
    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 5, Trafficking).
    The CCP considers sexual harassment a civil crime. There were no 
statistics on the incidence of sexual harassment, but it generally was 
acknowledged to be widespread.
    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 enjoyed the same legal rights as men; however, many women 
were unaware of their legal rights, although the Government sponsored 
seminars on women's legal rights. The Vice Ministry of Women in the 
Ministry of Sustainable Development has responsibility to ensure the 
legal rights of women. Women generally did not enjoy a social status 
equal to that of men. 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 minimum wage law treats men and women equally; however, 
women generally earned less than men did for equal work. Women 
sometimes complained that employers were reluctant to hire them because 
of the additional costs (mainly maternal) in a woman's benefits 
package. The gender gap in hiring appeared widest in the higher 
education brackets. 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 informal economy. For the first 
time, a woman, Lieutenant Colonel Gina Reque Teran, assumed command of 
a major army unit.
    Leading women's rights groups included the Campesinas of Bolivia 
Bartolina Sisa, which focuses on rural indigenous women, and CIDEM.

    Children.--The Government did not give the situation of children 
sufficient political priority to improve conditions appreciably. The 
Code for Boys, Girls, and Adolescents establishes the rights of 
children and adolescents, regulates adoptions, and protects against 
exploitative child labor and violence against children; however, 
resource constraints impeded full implementation of this law. There are 
seven Defender of Children and Adolescents offices to protect 
children's rights and interests.
    Public schooling was provided up to age 17 or grade eight; the law 
requires all children to complete at least 5 years of primary school; 
and primary education was free and universal. However, enforcement of 
the education law was lax, particularly in rural areas, where more than 
half of the primary schools offered only three of eight grades. An 
estimated 50 percent of children completed primary school, and an 
estimated 26 percent graduated from high school. There were no 
significant gender differences in access to basic education, although 
girls continued to drop out at a higher rate than boys, particularly in 
the rural areas.
    Medical care is free up to age 5, and was no apparent difference in 
such access based on gender. After age 5, ``pilot centers'' offered 
subsidized health care, although, in rural areas, clinics often were 
not available. In rural settings, when required to pay medical costs, 
families often gave preference to treating boys. Many children, 
particularly from rural areas, lacked birth certificates and the 
identity documents they needed to secure social benefits and 
protection. The Government made some progress in implementing its 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. Children 
from 11 to 16 years of age may be detained indefinitely in children's 
centers for suspected offenses or for their own protection on the 
orders of a social worker. UNICEF estimated that approximately 13,000 
children lived in institutions where their basic rights were not 
respected. There also were many children living on the streets of major 
cities.
    Child prostitution was a problem, particularly in urban areas and 
in the Chapare region. There were reports of children trafficked for 
forced labor to neighboring countries (see Section 5, Trafficking).
    Child labor was a serious problem (see Section 6.d.).
    Several NGOs had active programs to combat child prostitution. The 
Government's plan to combat child labor included a public information 
campaign against child prostitution and raids against brothels.

    Trafficking in Persons.--The law prohibits trafficking in persons 
for sexual exploitation; however, there were credible reports that 
persons were trafficked within, from, and through the country.
    The Law for the Protection of the Victims of Crimes Against Sexual 
Freedom specifically criminalizes trafficking in persons for the 
purpose of prostitution and provides for terms of imprisonment 
beginning at 4 years and ranging up to 12 years when the victim is less 
than 14 years of age. There were some arrests under this statute. While 
there was no complete information available on convictions of 
traffickers, the National Police reported 18 convictions in 2003 under 
the Corruption of Youth Law, which covers trafficking of minors for 
prostitution.
    The Ministry of Government, including the National Police and 
Immigration, as well as the Ministries of Foreign Affairs, Labor, 
Defense, and the Vice Ministry for Youth, the Child, and the Elderly, 
were responsible for anti-trafficking efforts.
    The country is a source for men, women, and children trafficked for 
forced labor and sexual exploitation to neighboring countries such as 
Argentina, Chile, Brazil, Spain, and the United States; however, there 
were no reliable estimates on the extent of the trafficking. Faced with 
extreme poverty, many citizens were economic migrants, and some were 
victimized by traffickers as they moved from rural areas to cities and 
then abroad. Women and children, particularly from indigenous ethnic 
groups in the altiplano region, were at greater risk of being 
victimized. Children were trafficked within the country to work in 
prostitution, mines, domestic servitude, and agriculture, particularly 
harvesting sugar cane. Weak controls along its extensive five borders 
made the country an easier transit point for illegal migrants, some of 
whom may have been trafficked. Commercial sexual exploitation of 
children was a problem.
    While there were reports that some adolescents were sold into 
forced labor, it appeared that most victims initially were willing 
economic migrants who were duped or later coerced into accepting jobs 
that turned out to be forced labor.
    Some government officials reportedly took bribes to facilitate 
smuggling and the illegal movement of people; however, the Government 
did not condone or facilitate trafficking and removed at least 19 
immigration officials on suspicion of corruption. It was not known 
whether any of those dismissed were accused of involvement with 
trafficking. The Government also took measures, such as instituting a 
system of checks and balances at official border crossings and 
airports, to reduce corruption among judicial officials responsible for 
authorizing unaccompanied travel abroad of those under age 18.
    The Government promoted some educational measures to address 
trafficking, and Vice Ministry for Youth, the Child, and the Elderly 
conducted informational campaigns on the rights of children and women. 
The Government, in conjunction with UNICEF, provided free birth and 
identity documents to thousands of undocumented citizens, to reduce 
their vulnerability to being trafficked.
    The Defenders of Children offices in municipalities, sometimes in 
cooperation with NGOs, managed scattered assistance programs for 
victims.
    The NGO Terre des Hommes conducted public awareness campaigns on 
trafficking of children.

    Persons With Disabilities.--There was no official discrimination 
against persons with disabilities in employment, education, access to 
health care, or in the provision of other state services. However, 
societal discrimination kept many persons with disabilities at home 
from an early age, limiting their integration into society. 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 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. On May 6, the President issued a 
Supreme Decree that requires that 4 percent of the government's new 
hires be persons with disabilities.

    National/Racial/Ethnic Minorities.--There was societal 
discrimination against the small Afro Bolivian minority, who 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.

    Indigenous People.--In the 2001 census, approximately 62 percent of 
the population over 15 years of age identified themselves as 
indigenous, primarily from the Quechua and Aymara groups. Indigenous 
protesters were major protagonists in the events leading up to the 
October 2003 resignation of President Sanchez de Lozada. 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 some of their 
territories were not defined legally or protected and that outsiders 
exploited their resources. Indigenous peasants illegally occupied 
several private properties belonging mostly to former government 
officials, often with the backing of the NGO Landless Movement.
    Indigenous groups availed of the Popular Participation Law to form 
municipalities that offered them greater opportunities for self 
determination. Two political parties and a number of NGOs were active 
in promoting the rights of indigenous peoples. The CCP recognizes the 
conflict resolution traditions of indigenous communities (see Section 
1.e.). On June 15, mayor Benjamin Altamirano was lynched and burned by 
the indigenous townspeople of Ayo Ayo in an incident that some claimed 
was tribal justice (see Section 1.a.).
Section 6. Workers 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. Approximately 25 percent 
of the workers in the formal economy--which employed approximately 30 
percent of all workers--belonged to unions.
    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. 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.
    Labor laws intended to protect workers' rights to freedom of 
association and to form and join trade unions were inadequate. They did 
not deter employers from retaliating against workers and do not protect 
workers against interference by employers with the workers' right of 
association. Complaints of anti-union 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.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution and the Labor Code provide workers with the right to 
organize and bargain collectively; however, collective bargaining, or 
voluntary direct negotiations between employers and workers without the 
participation of the Government, was limited. Most collective 
bargaining agreements were restricted to wages and excluded other 
conditions.
    The Labor Code provides for the right to strike but 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.
    There were numerous strikes organized by a variety of different 
sectors. In June, the COB called for an indefinite strike to pressure 
the Government, but most groups did not participate.
    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 transportation 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 Compulsory Labor.--The law prohibits 
forced or compulsory 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 
ections 5 and 6.d.). Three reports issued during the year by the 
International Labor Organization (ILO) and UNICEF on the worst forms of 
child labor and violence against children and adolescents implied that 
the abuses and lack of payment of wages constituted forced labor in the 
agriculture, mining, and other sectors, because entire families worked 
in these activities and children usually were unaware of their wages.
    Trafficking of women and children was a problem (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor was a serious problem. 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. The law prohibits a range of 
dangerous, immoral, and unhealthy work for minors under the age of 18. 
Labor law permits apprenticeship for 12- to 14-year olds 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.). In June 2003, the country ratified ILO Convention 182 on 
the Worst Forms of Child Labor.
    Approximately one in every four children between the ages of 7 and 
14 was employed in some way, usually in uncontrolled and sometimes 
unhealthy conditions. UNICEF estimated that 800,000 children were 
engaged in some type of work. Although the Code of Childhood and 
Adolescence bars persons under 18 years of age from work in the 
sugarcane fields, approximately 10,000 rural migrant children worked in 
this activity. The 2004 ILO/UNICEF study of the sugarcane harvest 
entitled ``Sweet Cane, Bitter Life'' characterized it as one of the 
worst forms of child labor, in part, because 90 percent of the children 
engaged in this activity did not attend school and worked up to 12 
hours per day, often under unhealthy or dangerous conditions. Despite 
government and company efforts to dissuade child labor, extreme poverty 
underlay the need of many families to have their children work.
    The Labor Ministry is responsible for enforcing child labor 
provisions but did not enforce them throughout the country. The 
Government reported that approximately 800,000 children and adolescents 
between the ages of 7 and 19 were engaged in some type of work. 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. Narcotics traffickers used children 
to transport drugs. Child prostitution remained a problem (see Section 
5).
    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 
were no controls over the benefits to, or treatment of, such children.
    The Labor Ministry is responsible for enforcing child labor 
provisions but did not enforce them throughout the country. The 
Government devoted minimal resources to investigating child labor 
cases, but NGOs and international organizations, such as UNICEF, 
supplemented the government's efforts.
    The Government continued its efforts to eliminate child labor in 
its worst forms, in particular, working with NGOs to discourage the use 
of child labor in the mining and sugar sectors by participating in 
internationally funded programs to provide educational alternatives to 
children who otherwise would work in mines or in sugarcane fields.

    e. Acceptable Conditions of Work.--The Government established the 
minimum wage for the public and private sectors by supreme decree 
following traditional negotiation with the COB. The wage of $ 55 (440 
bolivianos) per month plus bonuses and fringe benefits did not increase 
from the previous year. 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 the large number of workers in the informal sector.
    The law, which was not effectively enforced, establishes an 8-hour 
workday and a maximum workweek of 48 hours, limits women to a workday 1 
hour shorter than that of men, prohibits women from working at night, 
mandates rest periods, and requires premium pay for work above a 
standard workweek. 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. A national tripartite committee of business, labor, 
and government representatives was responsible for monitoring and 
improving occupational safety and health standards. The Labor Ministry 
maintained a hotline for worker inquiries, complaints, and reports of 
unfair labor practices and unsafe working conditions.
    Working conditions in the mining sector particularly were 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 $ 2.75 (22 bolivianos) per 12-hour day. Miners in such 
cooperatives worked in dangerous, unhealthy conditions with no 
scheduled rest periods for long periods. The law does not specify when 
workers may remove themselves from dangerous situations.

                               __________

                                 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 2002, voters 
elected President Luiz Inacio Lula da Silva (``Lula'') of the Workers' 
Party (PT) to a 4-year term in a free and fair election. The 
Constitution provides for an independent judiciary; however, it was 
inefficient and, particularly at the state level, subject to political 
and economic influences.
    The military is responsible for national defense and generally 
played little role in internal security. The federal police force is 
very small and primarily investigative; most police forces fall under 
the control of the states. The ``civil police'' are plainclothes 
officers with an investigative role, and the ``military police'' are 
uniformed police responsible for maintaining public order, with a 
separate judicial system. While civilian authorities generally 
maintained effective control of the security forces, members of the 
security forces committed numerous serious human rights abuses, 
primarily at the state level.
    The country has a diversified market-based economy and a population 
of approximately 182 million. Industrial production (including mining 
operations and the capital goods sector) accounted for 39 percent of 
gross domestic product (GDP). The agriculture sector contributed 10 
percent and services the remainder. High government net debt 
(approximately 55 percent of GDP) complicated fiscal and monetary 
policymaking. GDP grew approximately 5 percent during the year, and 
average wages kept pace with inflation after several years of sharp 
decline. Income distribution remained highly skewed.
    The Federal Government generally respected the human rights of its 
citizens; however, there continued to be numerous, serious abuses, and 
the record of several state governments was poor. State police forces 
(both civil and military) committed many unlawful killings and killings 
due to excessive force. Police also were implicated in killings for 
hire and death squad executions of suspected criminals, persons 
considered undesirable, indigenous people, and labor activists. Police 
tortured and beat suspects and arbitrarily arrested and detained 
persons. Despite its powers to do so, the federal police failed to act 
in the numerous human rights violations by state authorities, and 
failure to punish perpetrators perpetuated a climate of impunity.
    Prison conditions often were poor or extremely harsh and life-
threatening. Prison officials frequently tortured and beat inmates, 
including in juvenile detention centers. 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 unreliable. Victims, particularly 
suspected criminals, had difficulty in being heard by oversight bodies. 
Investigations of human rights abuses by police officials normally were 
limited to internal police reviews and seldom were subject to 
independent review. Military police tribunals remained overloaded, 
rarely investigated cases thoroughly, seldom convicted abusers, and 
allowed many military and civil police officers involved in unlawful 
killings or the abuse of prisoners to go unpunished.
    Violence and discrimination against women; child abuse and 
prostitution; and trafficking in persons, particularly women and 
children for the purpose of prostitution and slavery, remained 
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. Afro-Brazilians and homosexuals continued to face societal 
discrimination and, on occasion, violence. Intimidation and killings of 
rural labor union organizers and their agents continued to be a 
problem. Rural violence, including the killings of land reform and 
rural labor activists, persisted. Forced labor was a widespread 
problem, and violators enjoyed virtual impunity. Child labor was a 
widespread problem.
                        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 
reported politically motivated killings by the Government or its 
agents; however, unlawful killings by state police (military and civil) 
remained a serious problem throughout the country.
    In January, the U.N. released the report of its Special Rapporteur 
on Summary Executions, Asma Jahangir, which was based on her 22-day 
visit to the country in September and October 2003. Although the 
Rapporteur found no comprehensive official disaggregated data on police 
killings, she noted that the ``use of deadly police violence against 
civilians was rife'' and that available information ``indicated an 
alarmingly high rate of police killings.'' Historical information 
indicated that on-duty officers were responsible for less than half of 
the homicides by police (the great majority of the killings being 
committed by military police), while off-duty police were responsible 
for more than half of such homicides. Government officials (including 
President Lula) acknowledged the continued problem of unlawful killings 
by law enforcement officials.
    Death squads with links to law enforcement officials carried out 
many of the killings, in some cases with police participation. 
According to U.N. Special Rapporteur Jahangir, ``many high-ranking 
officials'' acknowledged that ``many death squads had ties with state 
police.'' The National Human Rights Secretary stated that death squads 
operated in 15 states. Credible, locally-based human rights groups 
reported the existence of organized death squads linked to police 
forces that targeted suspected criminals and persons considered 
``undesirable''--such as street children--in almost every state.
    The Sao Paulo State Secretariat for Public Security reported that 
Sao Paulo police (civil and military) killed 322 civilians in the first 
8 months of the year compared with 868 civilians during 2003; off-duty 
policemen were responsible for 54 of the killings. The Ombudsman's 
Office of the state police of Sao Paulo received 165 complaints of 
killings committed by police between January and September.
    There were numerous allegations of police abuses in the city of Sao 
Paulo, particularly in the northern district (Parque Novo Mundo 
neighborhood) and in the eastern district (Sapopemba neighborhood). 
Some of the alleged abuses included the killing of civilians. Parque 
Novo Mundo residents allegedly suffered arbitrary abuse committed by 
members of the Military Police 5th Battalion and the 6th Company, 
including death threats, home invasions, attempts to extract 
incriminating evidence against members of the community, extortion, and 
killings of community youth. In many of the cases, victims reported 
that the police removed their name badges and called each other by 
nicknames. Human rights activists suspected police involvement with 
organized crime in the region. Members of the community met repeatedly 
with the police ombudsman and human rights activists to complain about 
the abuse. Following the meetings, police abuse reportedly continued, 
and several community leaders received death threats.
    Rio de Janeiro's Security Secretariat reported that state police 
killed 593 persons during the first 8 months of the year, a 25 percent 
decline from last year's figure; however, unofficial reports estimated 
that approximately 3,000 police killings occurred during the year.
    In May, the Sao Paulo State Secretary for Public Security reported 
that internal affairs for both the civil and military police were 
investigating cases of death squad activity in Guarulhos and Riberao 
Preto, both large cities in Sao Paulo State. The National Secretary for 
Human Rights had established a commission in 2003 to investigate these 
cases.
    The 2003 military police internal affairs investigation into the 
existence of a police death squad that allegedly targeted and killed 
troublemaking youths in Guarulhos, Sao Paulo, continued. Two military 
policemen and two private security guards were charged in the April 
2003 killing of three adolescents and remained in jail at year's end. 
The State Public Prosecutor's Office indicted 11 policemen for 
participation in the death squad and investigated 27 others. The office 
also requested special protection for the targeted youths and their 
families.
    In November 2003, the Ribeirao Preto Public Prosecutor's office 
indicted civil policemen Thiago Ferreira da Silva Moreira and Ricardo 
Jose Guimares for the May 2003 death of Thiago Xavier Stefani and 
participation in a Ribeirao Preto death squad linked to 30 other 
deaths. Moreira, who was already in prison for trafficking stolen 
cargo, was released on May 13. Guimares, charged with the death of 
Tatiana Assuzena, escaped from prison on June 10. The Sao Paulo Civil 
Police internal affairs office continued to investigate Moreira and 
Guimares' involvement in the death squad. Internal Affairs was also 
investigating the participation of civil policemen Pedro Moretti, 
Sergio Siqueira, Fernando Serrano, and the former director of the 
forensics unit in Ribeirao Preto, Carlos Sampaio. On June 15, the Civil 
Police commander of Ribeirao Preto, Jose Manoel de Oliveira, was 
replaced.
    Two witnesses who reportedly had information about death squads, 
Flavio Manoel da Silva and Gerson de Jesus Bispo, were killed in 
October 2003 in Bahia and Pariaba States after separate meetings in 
September 2003 with the visiting U.N. Special Rapporteur on Summary 
Executions. Authorities arrested two persons in the da Silva killing 
and two military police officers for Bispo's killing, but neither case 
had gone to trial by year's end.
    In many cases, police officers employed indiscriminate lethal force 
during apprehensions, killing civilians despite the lack of any real 
danger to themselves. U.N. Rapporteur Jahangir's analysis concluded 
that such ``police killings are often poorly disguised extrajudicial 
executions.'' In some of these cases, the civilian's death followed 
severe harassment and even torture by law enforcement officials (see 
Section 1.c.).
    In January, military police officer Ivan Cesar Salvador of Sao Jose 
dos Campos in Sao Paulo State shot and killed Ednilson da Silva. The 
officers reportedly were searching for youths who had robbed a nearby 
gas station when they stopped the car in which da Silva and his friends 
were riding. Da Silva, a student who stuttered and was deaf in one ear, 
reportedly did not quickly answer the policeman's questions. Salvador 
was arrested for homicide, and the military police initiated an 
internal affairs investigation; however, on January 13, Salvador was 
released under the military penal code. The Sao Paulo Police Ombudsman 
criticized the release, noting that Salvador had been investigated in 
2002 for another homicide.
    On February 3, police shot and killed Flavio Sant'Ana, an Afro-
Brazilian dentist, as he walked down the street in the city of Sao 
Paulo. Police Lieutenant Carlos Alberto de Souza and four officers 
reportedly were searching for an Afro-Brazilian male who had robbed 
storeowner Antonio Alves dos Anjos when they encountered Sant'Ana. 
Anjos told police investigators that that officers opened fire as soon 
as they saw Sant'Ana. All five officers were arrested; Souza and two 
others were charged with the killing, possession of an illegal weapon, 
and coercion. The trial was pending at year's end. Press and human 
rights activists alleged that the killing was racially motivated.
    On July 31, in Brasilia, military policeman Marcos Aurelio Epifanio 
shot and killed Fernando Santos Maia da Conceicao, a university 
student. The policeman alleged that he had been informed about a 
robbery at a gas station and the suspects reportedly were driving a car 
identical to Maia da Conceicao's. Local television stations filmed 
police officials removing the car from the scene and alleged that the 
police did not properly investigate the incident.
    On May 15, in Sao Paulo city, four military policemen shot Parque 
Novo Mundo housewife Raimunda Furtado while she was purchasing bread at 
a supermarket. According to witnesses, the police first mistook her for 
a robber and subsequently refused to provide first aid. Furtado died at 
the scene. Military policeman Fabio Trevisoli, who claimed that it was 
an accidental shooting, was arrested later that evening for the 
killing. On June 19, the Military Police internal affairs office 
announced that 15 of the policemen suspected of making threats and 
committing abuse against the community had been placed under 
administrative arrest. The majority of the policemen arrested belonged 
to the 5th Battalion. In September, the military public prosecutor 
requested that the case be brought before the public judicial system. 
On December 17, Trevisoli was formally indicted for murder before the 
public courts. Three other military policemen, Alberto Massahiko 
Suganuma, Helio Correia de Lima, and Joanito Queiroz Pereira, were 
formally accused of prevarication and failure to administer first aid.
    U.N. Rapporteur Jahangir noted that some members of the police 
exploited an overall climate of violence to deliver ``rough'' justice 
to those whom they consider ``socially `undesirable.' '' In August, 16 
homeless persons were attacked in a series of incidents during early 
morning in downtown Sao Paulo; 7 died as a result of the attacks. On 
September 14 and 16, police arrested military police officers Jayner 
Aurelio Porfirio and Marcos Martins Garcia and private security guard 
Manoel Alves Tenorio for the killings. The State Secretary for Public 
Security announced that he believed the suspects were involved in a 
clandestine security scheme involving the trafficking of drugs. In 
November, the state attorney's office requested that the investigation 
be reopened after arguing that there was not enough evidence for 
indictments; charges were then dropped against all three, although 
Porfirio and Garcia remained in prison on drug trafficking and treason 
charges. An investigation by the state attorney's office revealed that, 
during the past 3 years, 58 similar attacks against homeless persons 
resulted in 24 deaths.
    At the end of August, off-duty policeman Clecio Barbosa Ayres shot 
and killed journalism student Thomas Schwarzenberg Vicente on the 
Imigrantes Highway between Sao Paulo and Santos. Vicente was returning 
with friends from the beach when he hit Ayres's bumper. Military 
highway police arrested Ayres and charged him with first-degree murder. 
He was in prison awaiting trial at year's end.
    A police internal affairs investigation into the involvement of 13 
military police arrested for the May 2003 killing of William Douglas 
Santos and Farbricio da Conceicao in Campinas, Sao Paulo, progressed to 
the police inquiry stage at the Campinas court.
    In August, Rio Grande do Sul military policemen Ronaldo de Freitas 
Garcia and Fabio Rosa Dorneles were convicted of killing Gustavo 
Fernando Burchardt during a high speed chase in July 2003. At year's 
end, the two were awaiting sentencing.
    No new information was available regarding highway patrolman Jose 
Vargas de Oliveira, accused of killing a truck driver who refused to 
pay a bribe in Campos, Sao Paulo State, in 2002. He was tried by jury 
in Campos in May 2003.
    Numerous credible reports indicated the involvement of state police 
officials in revenge killings and the intimidation and killing of 
witnesses involved in testifying against police officials (see Section 
1.e.).
    Police officers accused of crimes less serious than willful murder 
are prosecuted in special military tribunals. Civilian courts have 
jurisdiction over police murder, but the requirement that the initial 
investigation be carried out by police internal affairs officers 
increased the potential for long-languishing investigations (see 
Section 1.e.).
    No further information was released on the 2002 case involving a 
military police organization called Group for Repression of Crimes of 
Intolerance (GRADI). Police internal affairs and state prosecutors were 
investigating GRADI's connection to the 2002 highway killings of 12 
members of the criminal faction and prison gang, First Command of the 
Capital (known as the PCC). In December 2003, the Sao Paulo State 
prosecutor brought charges of homicide against the police involved, 
including a colonel, his deputy commander, and the lieutenant colonel 
in charge of GRADI. GRADI officers were accused of 27 other killings, 
although no homicide charges were brought against them, and all of the 
officers continued on active duty, with the exception of the former 
GRADI coordinator, who retired. GRADI was officially dissolved in April 
2003, but human rights groups believed that police from this group 
still operated in a similar, although unofficial, manner. The Police 
Ombudsman's office was unable to obtain information on developments in 
the investigations. Credible locally-based human rights activists 
claimed that the case has been placed under ``secret seal'' due to the 
organization's connections to the state secretary of public security.
    There were no new developments in the investigation of Sao Paulo 
military policemen who allegedly burst into a bar in 2002 in the 
Baixada Santista region of Sao Paulo State and killed five adolescents 
and the bar owner while searching for a youth who stole a sergeant's 
weapon.
    The Campinas lower instance jury court agreed to hear the case of 
the anti-kidnapping police investigator accused of killing Jorge Jose 
Martins in his Campinas, Sao Paulo home in 2002. The judge has summoned 
witnesses for oral testimony in June 2005.
    On October 17, 2003, a jury in Itanhaem convicted military police 
officers Mauricio Miranda and Silvio Ricardo Monteiro Batista for the 
2002 killings of Anderson do Carmo and Celso Gioielli Magalheas Junior 
in Guaruja, Sao Paulo State, and expelled both officers from military 
police service.
    An investigation continued in the 2001 case in which five civil 
police killed four individuals suspected of involvement in the killing 
of the mayor of Caraguatatuba, Sao Paulo. In April, upon court orders, 
forensics investigators reconstructed the killings. In May, the mayor's 
widow, Roseana Garcia, met with President Lula to request that the 
federal police become involved in the investigation.
    Rapporteur Jahangir stated that 75 percent of those she interviewed 
at the juvenile detention center in the Bras neighborhood in Sao Paulo 
city reported ``having been eyewitnesses of extrajudicial killings by 
the police.''
    No further information was available on the criminal trial of 
Carlos Alberto Xavier do Nascimento, former director of security and 
discipline of the Andradina Penitentiary in Sao Paulo State. He was 
charged with three homicides in the 2001 asphyxiation deaths of three 
prison gang members reportedly involved in prison rebellions.
    There were no developments in the case of 85 police officers 
awaiting trial for their participation in the 1992 Carandiru prison 
massacre in which 111 prisoners were killed. The murder conviction of 
retired Colonel Ubiratan Guimaraes for his part in the massacre 
remained under appeal, and he remained free and continued to serve as 
an elected state deputy.
    The use of torture by police sometimes led to the death of the 
victims (see Section 1.c.).
    There were reliable reports of killings of government officials by 
those who had vested interests in the officials' professional 
activities.
    On January 28, four Labor Ministry inspectors were killed in the 
town of Unai in Minas Gerais State. On the day before the killing, the 
four officials had found irregularities on a farm belonging to Norberto 
Manica. Manica was detained along with nine other suspects, including 
his brother, Anterio, who was elected mayor of Unai in October. At 
year's end, all suspects were in jail, excluding Anterio, who as an 
elected official is entitled to certain immunities. The federal 
Congress created a parliamentary commission in April to investigate the 
deaths. The commission last met in June but had not issued a report by 
year's end.
    In September, two police officers were convicted and sentenced to 
25 years in prison for the March 2003 murder of Judge Alexandre Martins 
de Castro Filho in Vitoria, Espirito Santo State.
    There were numerous killings of indigenous people, mostly related 
to land disputes (see Section 5) and of rural labor union organizers 
(see Section 6.a.).
    The Ombudsman's Office of the Ministry of Agrarian Development 
reported 31 rural killings for the period between January 1 and 
November 30.
    Many persons were killed in recent years in conflicts involving 
land ownership and usage. The organization Landless Rural Workers' 
Movement (MST) continued its campaign of invasion and occupation of 
private and public lands to spur agrarian reform. The MST also 
continued its occupation of public buildings. MST activists sometimes 
used confrontational and violent tactics and destroyed private property 
during some occupations.
    On July 31, in Parana State, an MST activist was killed and six 
others injured, allegedly by private security guards, during an 
attempted land invasion at the Santa Filomena ranch. Police isolated 
the area after the conflict, and the state government appointed a 
special investigator to conduct an inquiry into the murder. No further 
information was available at year's end.
    The March 2003 killing in Tamandare, Pernambuco State, of the 
president of Rural Workers from Mascatinho Settlement Association, Jose 
Candido da Silva, remained under investigation at year's end.
    No further information was available on the September 2003 killing 
of MST leader Paulo Sergio Brasil and 3 other MST members by security 
guards as they were moving with 100 others to invade the Coquerio Ranch 
in Foz do Jordao, Parana State. Authorities charged eight guards with 
homicide and one MST member with attempted homicide and placed them 
under investigative detention. The Parana State secretary for public 
security announced that the guards had been imprisoned and the crime 
was likely planned beforehand.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Police were implicated in kidnappings for ransom. Uniformed and 
civil police involvement in criminal activity, including kidnapping and 
extortion, was widespread.
    In June, three adolescents were chased, kidnapped, and killed in 
the Parque Novo Mundo neighborhood in Sao Paulo city by officers of a 
special military police mobile unit. According to the victims' 
families, military policemen searched men attending the victims' 
funerals to intimidate attendees. In lieu of punishment, the policemen 
were transferred to the administrative section of the police department 
and received a psychological evaluation, which is normal for police 
officers who are present during the death of a suspect.
    On November 29, police arrested military policeman Anderson 
Goncalves Viana and his brother-in-law as suspects in a building 
invasion, which occurred the previous day. Fifteen masked men invaded a 
condominium building in northern Sao Paulo city and held occupants 
hostage for hours while they ransacked the apartments. Both Viana and 
his brother in law were found with weapons, ammunition, money, and 
stolen goods.
    An internal investigation resulted in the recommendation to dismiss 
Sao Paulo civil police narcotics investigators Arnaldo Barbosa Filho 
and Ricardo Kochi, who were charged in May 2003 with the kidnapping of 
Jonathan Wink Soligo and Jefferson Santana de Souza. No further 
information was available on the result of actions taken on the 
recommendation.
    The internal affairs departments of the civil and military police 
initiated administrative disciplinary procedures in the case of two Sao 
Paulo civil policemen from the Anti-Kidnapping Division and a military 
policeman who were charged with a June 2003 kidnapping. The 
investigations continued at year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the law prohibit torture and provide 
severe legal penalties for its use; however, torture by police and 
prison guards remained a serious and widespread problem.
    The NGO National Movement for Human Rights, which administered the 
Ministry of Justice's torture hotline, Torture SOS, reported receiving 
2,532 calls alleging torture or inhuman or degrading treatment from 
November 2001 to the end of January. The NGO also reported that most 
allegations of institutional torture took place in rural areas. Actual 
incidents of torture may have been significantly higher than use of the 
hotline indicated because of underreporting and because ombudsmen, 
police stations, and state commissions also received complaints. The 
Sao Paulo State Police Ombudsman's Office received 38 complaints of 
torture from January through September. In July, the Torture SOS 
hotline ceased functioning, as the Federal Government withdrew from its 
commitment to assume the hotline's operations.
    The National Movement for Human Rights reported that police and 
prison guards were responsible for nearly 80 percent of the reported 
cases of torture and that most victims were young, poor, Afro-Brazilian 
men from less-developed regions. For the period October 2001 to June 
2003, it reported an average of 150 cases per month, a rate that 
reportedly did not change significantly during the year. Most reports 
came from remote cities in the interior where low-ranking police were 
in charge.
    The NGO Christian Association for the Abolition of Torture 
estimated that it had received complaints of 600 new cases of torture 
in the Sao Paulo State prison system from the end of 2002 until mid-
year.
    According to a state public prosecutor for children and youth 
(responsible for defending the rights of incarcerated youth), as of 
July, there were 14 ongoing cases of torture claims in Sao Paulo's 
juvenile detention system (FEBEM). Over 170 prison officials had been 
accused of practicing torture, but approximately 70 of them were still 
working within FEBEM facilities. In May 2003, FEBEM created an internal 
investigations office, which, according to officials, has improved the 
process of verifying accusations.
    The police often, but not always, appeared to have impunity in 
cases of torture, as in other cases of abuse. Often the police 
themselves were responsible for investigating charges of torture 
carried out by fellow police officers. The problem remained most 
pervasive at the state level. Long delays in the special military 
police courts allowed many cases of torture and lesser charges to 
expire due to statutes of limitations (see Section 1.e.).
    In February, in Sao Bernardo do Campo, Sao Paulo military policeman 
Wilson Rossi Schilive arrested five persons for stealing his car. The 
five suspects, between the ages of 21 and 24, were kept in jail for 112 
days and subjected regularly to torture, including the use of pliers on 
a woman's breasts and fingers. The suspects, who were never charged, 
attested that 20 military police officers participated in the torture 
sessions. The Sao Bernardo judiciary and military police internal 
affairs units began investigating the accusations. On August 13, 
Schilive along with 3 other military policemen, Adenislon Ramos, 
Ademilson Viana, and Sandro da Silva Serra, were charged with torture, 
temporarily imprisoned, and were awaiting trial. Two of the policemen 
also had been accused of torturing two other youths in February. On 
October 1, the four policemen had their first hearing before the Sao 
Bernardo do Campo 4th Criminal Court. On October 26, the five victims 
gave their testimony to the court.
    On August 11, the public prosecutor for children and youth accused 
FEBEM's Raposo Tavares unit 27 of torturing youth in July by burning 
them with fireworks. On September 13, that office released a report on 
the maltreatment of unit 27 inmates with medical records confirming the 
use of explosives on inmates' skin. On September 16, the unit 
administrator, Jose Christiano Viana, was removed provisionally from 
his position for the maltreatment of inmates and the lack of hygiene 
and socio-educational activities in the facility.
    There was no further information on the March 2003 case of 
Adenilson Felinto dos Santos, a truck driver who alleged that he was 
tortured by military police.
    On January 19, the Sao Paulo State public prosecutor charged five 
civil Anti-Kidnapping Unit policemen, including Antonio Assuncao de 
Olim, chief of the Anti-Kidnapping Operations unit, and one police 
clerk with torturing Jandira de Oliveira Azevedo and Leoclecio Zubem 
Azevedo, a married couple, and Wagner Mauricio Moreira Belens in April 
2003 in the Sapopemba neighborhood of Sao Paulo city. At the time of 
the couple's arrest, police physically abused them in front of their 
young children and then subjected the three victims to further beatings 
and pepper gas while in custody. On January 20, Judge Eduardo Crescenti 
Abdalla denied the prosecutors' request for preventive imprisonment and 
placed the case under judicial seal. Former Ministers of Justice Jose 
Carlos Dias and Miguel Reale Junior, and criminal lawyers from the 
Institute for the Defense of the Right to Defense (IDDD) represented 
the couple. On March 30, the state Public Prosecutor resubmitted 
charges against Olin and three of the civil policemen and requested 
temporary imprisonment. On June 24, Judge Abdalla rejected the 
prosecutor's charges and dismissed the case for insufficient evidence. 
The civil police internal affairs office was conducting a concurrent 
investigation of the case.
    There was no further information available regarding the case 
opened by a Sao Paulo court in July 2003 against 13 military police 
accused of torturing two prisoners recruited by GRADI to infiltrate a 
criminal organization (see Section 1.a.).
    No information was available on whether disciplinary action was 
taken against the civil police involved in the August 2003 Parana State 
case in which mechanic Carlos Ribeiro Morais was tortured for 5 hours 
and ordered to confess to a series of robberies.
    In August 2003, Chan Kim Chang, a naturalized Brazilian citizen, 
was arrested at Rio de Janeiro's international airport for failing to 
declare the $30,550 in his possession. While in police custody, Chang 
was beaten severely and later died. Six police officers were arrested 
but freed pending trial. In December, 9 of the 11 persons accused of 
torturing and killing Chang were convicted; sentences ranged from 13 to 
18 years in prison. Everson Azevedo Motta, the penitentiary police 
officer who beat Chang, received the highest sentence of 18 years. Ex-
penitentiary director Luiz Gustavo Matias Silva and penitentiary police 
officer Denis Goncalves were acquitted due to a lack of evidence.
    There were no reported developments and none were expected in the 
investigation of the 11 police officers accused of the 2002 torture of 
Osmarilton Meneses dos Santos in Bahia.
    In some cases, sexual orientation or gender identity may have 
played a role in cases of torture and cruel treatment (see Section 5). 
NGOs confirmed that police committed abuse and extortion directed 
against transvestite prostitutes in the cities of Rio de Janeiro, Belo 
Horizonte, and Salvador.
    Prison conditions throughout the country often were poor or 
extremely harsh and life threatening. Penal authorities in those states 
with the largest prison populations frequently did not separate 
juveniles from adults or hold petty offenders separately from violent 
criminals. Prison riots were frequent and often violent. 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 and low pay for prison guards also encouraged corruption.
    Severe overcrowding in prisons and police detention centers was 
prevalent and was worst in the states with the largest prison 
populations. According to the Ministry of Justice, between January and 
June, there were 331,547 prisoners in a system designed to hold 
108,953. Construction of new penitentiaries continued but was 
inadequate to alleviate overcrowding.
    Prisons generally did not provide adequate protection against 
violence inflicted by other inmates. Although there was no official 
count, numerous prison riots and rebellions occurred during the year, 
many of which left inmates injured or dead. The Sao Paulo secretary of 
prison administration reported that there were 29 deaths in his system 
during the year, compared with 27 for all of 2003.
    CAJE, a juvenile detention center in Brasilia, Federal District, 
held 376 youths in a facility designed to hold 196 and employed 15 
guards. The staff included a doctor, a nurse, a psychiatrist, 12 
psychologists, 22 social assistants, and some teachers. Of the total 
number of detainees, 26 were females held in separate living quarters. 
CAJE was constructing additional facilities to accommodate detainees. 
Local critics reported that CAJE suffered from inadequate space, 
understaffing, violence, and unsatisfactory treatment of inmates with 
mental disabilities.
    Prisoners were subjected to unhealthy conditions. Scabies and 
tuberculosis diseases uncommon in the general population--were 
widespread in Sao Paulo prisons, as were HIV/AIDS, hepatitis, and even 
leprosy. According to local NGOs, infectious diseases, such as AIDS and 
tuberculosis, have reached endemic levels among prisoners. The HIV/AIDS 
infection rate among prisoners was between 20 and 30 percent; infected 
prisoners were eligible to receive antiretroviral cocktails. Early in 
the year, the Ministry of Health reported that skin infections, 
respiratory problems, HIV/AIDS, sexually transmitted diseases, and 
tuberculosis were commonly found among prisoners. The Catholic Church's 
Ministry for the Incarcerated in Sao Paulo reported that, in several of 
the city's police jails, almost 90 percent of the detainees suffered 
from skin or respiratory illnesses, and prison administration officials 
reported that many prisoners who transferred into the Sao Paulo 
penitentiary system were infected in police jails. Denial of first aid 
and other medical care sometimes was used as a form of punishment.
    Overcrowding was an even greater problem in police jails than in 
penitentiaries. Due to pretrial delays and overcrowding in state 
penitentiaries, some 72,301 prisoners were held in local lockups, 
awaiting either trial or transfer to state penitentiaries. The 
situation was critical in Sao Paulo city's 52 police jails, which had a 
capacity for 1,332 prisoners but, as of October, held 9,575. The Sao 
Paulo State secretary for public security continued a 10-year program 
to close all of the city's jails by 2005; thereafter, all detainees 
would be transferred to the state penitentiary system.
    On January 27, 21-year-old student Romulo Batista de Mello died 
while in police custody for driving a stolen car. Claiming that Mello's 
behavior was violent, the police sedated him before taking him to a 
holding area, where he died 6 days later. The police maintained that 
Batista de Mello caused his own death by hitting his head against his 
cell wall. However, the Rio de Janeiro State secretary for public 
security acknowledged that Mello had been beaten. In April, the Rio de 
Janeiro state prosecutor brought charges of torture against three 
police officers and a charge of negligence against a doctor involved in 
the case, and the case remained pending at year's end.
    In April, rioting prisoners at the Urso Branco prison in Rondonia 
State killed 14 inmates. Urso Branco, with a capacity of 350 prisoners, 
held approximately 1,300 at the time of the riot. In 2002, the Inter-
American Commission on Human Rights (IACHR) had authorized 
precautionary measures to protect detainees at Urso Branco and resolved 
that the Government act to assure respect for the lives and physical 
integrity of the detainees. On April 22, the Inter-American Court of 
Human Rights ordered the Government to bring conditions in the prison 
to international standards, investigate past incidents, and submit a 
report to the Court by May 3. No information on the Government's 
response was available.
    In June, a prisoner riot in the Casa de Custodia de Benfica prison 
in the city of Rio de Janeiro left 18 prisoners dead. The prison, with 
a capacity of 1,400 prisoners, held 6,000 at the time.
    An August riot in the Julio de Castilhas Prison in the interior of 
Rio Grande do Sul State left six dead and an unknown number injured, 
including the prison's administrator. The prison had a holding capacity 
of 40 inmates but held 90 when the incident occurred.
    Overcrowding, poor conditions, prisoner riots, drug abuse, and 
accusations of sexual abuse and torture continued to pervade Sao 
Paulo's FEBEM juvenile detention centers. Between January and November, 
four adolescents died from violence at FEBEM facilities. The Sao Paulo 
FEBEM system had more than 6,000 inmates and accounted for more than 
half of the country's youth prison population. FEBEM detention center 
employees went on strike from July 2 until September 15, leaving 
facilities unsecured.
    The Franco da Rocha units 30 and 31, which a state judge ordered 
closed in 2002, were closed on December 30, 2003, and their 250 
prisoners were transferred to the Tatuape unit of FEBEM. The 
transferees reported being tortured upon arrival in Tatuape. They told 
visiting human rights activists and community custodians of spending 
days sitting still and facing a wall without being allowed to speak. 
Human rights activists claimed that the same FEBEM authorities accused 
of torture in the Franco da Rocha facility also were transferred to 
Tatuape. The Association of Mothers of Prisoners reported difficulty in 
gaining access to the Tatuape facility. In January, the Public 
Prosecutor for Children and Youth started an investigation of the 
accusations.
    In July, the human rights NGO Conectas won a suit against the 
Tatuape facility for not complying with municipal building codes, and 
the court ordered Sao Paulo State to bring the unit up to municipal 
fire and construction codes within 90 days. Conectas brought the case 
to court after the death of an inmate in July 2003. FEBEM filed for a 
suspension of the court order until a judgment was made based on the 
action, Conectas counter-sued, and both cases were pending at year's 
end.
    On January 22, two inmates of FEBEM's Vila Maria unit were shot and 
killed while trying to escape. The killings remained under 
investigation. Escapes from FEBEM facilities increased significantly, 
with several episodes of more than 100 inmates escaping at a time. The 
Sao Paulo Department for the Execution of Justice for Children and 
Youth started administrative procedures to determine the involvement of 
public employees. The Sao Paulo State Treasury Forum began a civil 
action to determine the indemnity and responsibility of the state in 
the case.
    In June, 28 inmates of the Ribeirao Preto FEBEM unit were 
transferred to a state penitentiary for causing revolts, arson, and 
conspiracy. The Human Rights Commission of the Brazilian Bar 
Association and the state public prosecutor's office immediately 
requested that the youth be transferred back to the FEBEM system due to 
their age and the failure to follow proper procedures for such a 
transfer. A state judge granted the request, and the inmates returned 
to FEBEM within 3 days.
    On August 13, a Raposo Tavares Unit 37 inmate was found dead. 
Although the FEBEM office of internal investigations reported the death 
as suicide, the NGO Conectas and the Association of Mothers of 
Prisoners accused Raposo Tavares officials of torture leading to death. 
The public prosecutor's office started an investigation, but no 
information regarding the outcome was available at year's end.
    Sao Paulo State took some remedial measures. Governor Alckmin 
replaced FEBEM presidents twice during the year and, in August, moved 
FEBEM from the state's Secretariat of Education to the Secretariat of 
Justice. On September 16, the FEBEM administration mandated medical 
evaluations for inmates every 15 days and daily reports by unit 
administrators of any disciplinary actions taken. On October 19, the 
new FEBEM president, Alexandre de Moraes, announced a new internal 
system of unannounced inspections in all units. Previously, 5 days' 
notice was required before an inspection. Unrestricted access was 
granted to the Brazilian Bar Association's Commission on Human Rights, 
the president of the NGO Association of Mothers and Friends of at-Risk 
Children and Youth, the president of the employees' union, community 
administrators, and the state councils on human rights and on children 
and adolescents. Other human rights organizations can either petition 
the FEBEM president to be added to the unrestricted access list or 
request authorization to visit a facility 5 days in advance.
    On September 23, the directors of 10 of the most ``critical'' 
units, where maltreatment or aggression reportedly was common, were 
replaced. On October 14, the FEBEM president dismissed the director of 
unit 29 of the Franco da Rocha facility. On December 14, he dismissed 
the director of unit 2 and four team coordinators at the Tatuape 
facility for mishandling a rebellion earlier in the month. FEBEM 
reported that 11 employees were dismissed and 32 were suspended for 
using violence.
    In December, a court sentenced 10 employees from the now-
deactivated FEBEM Parelheiros unit for torturing 19 inmates in 2002. 
The employees' leader was sentenced to 15 years and 5 months in prison. 
This was the first sentencing of FEBEM employees for torture in Sao 
Paulo city.
    Rio de Janeiro and Sao Paulo States provided separate prison 
facilities for women; elsewhere, women were held with men in some 
facilities. Male officers served in women's prisons, and abuse and 
extortion of sexual favors occurred. In Rio de Janeiro State, there 
were only two police districts in which women were held in gender-
segregated, short-term jail facilities.
    In March, the Association of Judges for Democracy reported that 
incarcerated women had fewer rights in Sao Paulo prisons than men. 
Women's institutions tended to be more overcrowded than men's and 
received less attention from prison administrators. Approximately 65 
percent of female prisoners were held in severely overcrowded 
conditions and did not have jobs, education, and health care as 
required by law.
    In May, female prisoners in Santos rebelled against poor 
conditions. The Santos prison was designed to hold 60 inmates but held 
116. An August uprising to protest overcrowding at the women's 
penitentiary in Carandiru left one inmate dead. The penitentiary, which 
had an official capacity for 450 prisoners, held 681.
    Authorities attempted to hold pretrial detainees separately from 
convicted prisoners; however, due to prison overcrowding, pretrial 
detention facilities often also held convicted criminals.
    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 Amnesty 
International, which reported no significant problems in gaining access 
to state-run prison facilities. Global Justice reported that the level 
of access to prison facilities varied from state to state. In Sao Paulo 
and Rio de Janeiro, Global Justice found it difficult to gain access. 
Sao Paulo also employed committees of community leaders to monitor 
prison conditions. Sao Paulo, like Parana and Rio Grande do Sul states, 
also had a prison ombudsman program.

    d. Arbitrary Arrest or Detention.--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.
    The federal police force is very small, primarily investigative, 
and plays a minor role in routine law enforcement. Most police forces 
fall under the control of the states, where they are divided into two 
distinct units. The civil police are plainclothes officers with an 
investigative role, while the military police are the uniformed 
officers charged with maintaining order. U.N. Special Rapporteur 
Jahangir found that, although each state police force was monitored by 
its own internal affairs division, the units--subordinated to the chain 
of command and bound by ties of esprit de corps--often delayed applying 
administrative sanctions. This situation undermined efforts to address 
police abuses and contributed to a climate of impunity. Although the 
individual state governments control their respective military police 
forces, 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 (see Section 1.e.).
    A November report by the human rights NGO Centro Santo Dias and the 
Sao Paulo State Council in Defense of Human Rights (CONDEPE) stated 
that one in every four reported cases of police abuse involved 
extortion or flagrant scheming, in particular, to procure the release 
of a detainee. According to victims, police generally requested between 
$1,500 (4,200 reais) and $3,000 (8,400 reais) to release a prisoner. 
Other cases mentioned in the report include physical abuse, threats, 
and intimidation by the police when giving testimony. On November 28, 
the head of the Sao Paulo military police internal affairs unit, 
Colonel Paulo Maximo, announced that his office had opened preliminary 
investigations of the cases contained in the report.
    With the exception of arrests of suspects caught in the act, 
arrests may be made only with a warrant. The use of force during an 
arrest is prohibited unless the suspect attempts to escape or resists 
arrest. Suspects must be advised of their rights at the time of the 
arrest or before being taken into custody for interrogation.
    In general, warrants were based on sufficient evidence and issued 
by a judge; however, the NGOs National Movement for Human Rights and 
Global Justice reported that, at times, warrants were issued 
arbitrarily, depending on the judge and the region of the country. 
Global Justice also reported that, in Rio de Janeiro and Sao Paulo 
States, many judges issued ``collective'' search and arrest warrants 
that permitted the police to search entire neighborhoods in poor areas.
    Human rights observers alleged that civil and uniformed police 
regularly detained persons illegally to extort money or favors. In May, 
two military police officers from Itaquaquecetuba outside of Sao Paulo 
city were arrested for kidnapping an 86-year-old woman and keeping her 
in captivity for more than 20 days. Police believed that officers 
Alexandre Fonseca and Jose Aparecido da Conceicao led a kidnapping ring 
and were involved in other kidnappings in the metropolitan area.
    The authorities generally respected the constitutional provision 
for a judicial determination of the legality of detention, although 
poor record keeping resulted in the detention of many inmates beyond 
their sentences. 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 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 facing charges 
on all but the most serious crimes had the right to a bail hearing.
    In general, prison authorities allowed detainees 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.

    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 was underfunded, 
inefficient, and often subject to intimidation and political and 
economic influences--particularly at the state level. Judicial 
officials sometimes were poorly trained and subject to corruption. In 
many instances, poorer, less educated citizens made only limited use of 
the appeals process.
    Low pay and exacting competitive examinations that could eliminate 
as many as 90 percent of the applicants made it difficult to fill 
judicial vacancies. The law requires that trials be held within a set 
period of time from the date of the crime; however, due to the 
nationwide backlog in state and federal cases, courts frequently 
dismissed old cases unheard. This practice reportedly encouraged 
corrupt judges to delay certain cases purposely so that they could 
eventually be dismissed.
    Federal judge Joao Carlos da Rocha Mattos, arrested in November 
2003 in Sao Paulo, remained in a federal police jail at year's end for 
his alleged involvement in corruption that involved the selling of 
judicial sentences; two other federal judges, brothers Casem Mazloum 
and Ali Mazloum, were removed from the bench in December 2003. On 
December 17, Rocha Mattos and Cassem Mazloum were convicted of 
conspiracy in connection with the charges. Eight additional suspects, 
including six active and retired Federal Police officials and two 
businessmen, were also convicted of conspiracy; they received sentences 
ranging from community service to 3 years' imprisonment. Conspiracy 
charges were dropped against Ali Mazloum, but, at year's end, he and 
the other defendants still faced trial on corruption, abuse of power, 
identity fraud, and embezzlement charges.
    At year's end, 115 senior judges were under investigation 
nationwide on a variety of charges.
    The judicial system ranges from courts of first instance and 
appeals to its apex, the Federal Supreme Court. States organize their 
own judicial systems within the federal system and must adhere to the 
basic principles laid out in the Constitution. Specialized courts dealt 
with police, military, labor, election, juvenile, and family matters.
    After an arrest, the chief judicial officer reviews the case, 
determines whether it should proceed, and, if so, assigns it to a state 
prosecutor who decides whether to issue an indictment.
    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 land activists or rural union activists, 
local police often were less diligent in investigating, prosecutors 
were reluctant to initiate proceedings, and judges found reasons to 
delay. A constitutional amendment passed in December seeks to remedy 
this shortcoming by granting federal prosecutors authority to take over 
human rights cases from state prosecutors (see Section 1.a.).
    The Constitution recognizes the competence of a jury to hear cases 
involving capital crimes. Judges try those accused of lesser crimes.
    The Constitution provides for the right to counsel; however, the 
Ministry of Justice estimated that 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, appointed private attorneys often did not provide adequate 
representation.
    There is no presumption of innocence. Defendants have the right to 
appeal all convictions to state superior courts. They also have the 
right to appeal state court decisions to both the Federal Supreme Court 
on constitutional grounds and to the federal Superior Justice Court. 
Any defendant sentenced to 20 or more years in prison has the right to 
an automatic retrial.
    The law provides civilian courts with jurisdiction over cases in 
which uniformed police officers stand accused of ``willful crimes 
against life,'' primarily murder (see Section 1.a.). However, in all 
but the most egregious cases, police tribunals decided whether or not 
the killing was willful. As a result, the civilian courts received very 
few case referrals involving police killings. The average case took 8 
years to reach a definitive decision. At the appellate court level, a 
large backlog of cases hindered the courts' ability to ensure fair and 
expeditious trials.
    In December, a constitutional amendment came into force with a wide 
array of judicial reforms. It streamlines procedures in the Supreme 
Federal Court and some lower courts, strengthens human rights 
protections, introduces structural and professional court reforms, and 
creates oversight councils to hear complaints and issues sanctions 
against judges and public prosecutors at the state and federal levels.
    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 Section 1.a.).
    The National Movement for Human Rights noted that courts convicted 
a much higher percentage of Afro-Brazilian defendants than they did 
whites (see Section 5).
    The Constitution mandates that special police courts exercise 
jurisdiction over state uniformed (military) police (except those 
charged with homicide). Most police officers accused of crimes appeared 
before these courts (which are separate from the courts-martial of the 
armed forces, except for the final appeals court). There were few 
convictions in these courts. Human rights groups noted that police were 
reluctant to investigate fellow officers and exploited statutes of 
limitation by stalling.
    There were no reports of political prisoners, although the MST 
claimed that its members jailed in connection with land disputes were 
political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; 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 April, the Federal Supreme Court halted proceedings in the 
illegal wiretapping case of Senator Antonio Carlos Magalhaes. In the 
same decision, the court sent the cases of three alleged accomplices to 
be heard before a federal judge in Bahia State. Magalhaes allegedly had 
ordered the illegal wiretapping of hundreds of individuals and 
political opponents in his home state of Bahia.
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 and did not restrict academic 
freedom.
    Privately owned newspapers, magazines, and a growing number of 
online 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.
    The independent print and broadcast media were active and expressed 
a wide variety of views without restriction. Main media outlets 
included approximately 79 newspapers, 75 radio stations, 71 news 
websites, 40 magazines, 20 national television stations, and 16 news 
agencies. A minimal portion of the media was government-owned, 
including Agencia Brasil, Televisao Educativa, Agencia Camara, and 
Agencia Senado; however, local and state level politicians, or their 
families or proxies, often owned local media outlets.
    Foreign publications were distributed widely; prior review of 
films, plays, and radio and television programming only was used to 
determine a suitable viewing age.
    In May, President Lula attempted to revoke the visa of New York 
Times journalist William Larry Rohter, Jr., whose reporting had 
personally offended the President. After substantial media coverage, 
strong public criticism, and a judicial order delaying deportation, 
President Lula withdrew his request for visa revocation, and Rohter 
continued to report from the country.
    Journalists enjoyed no protection from violence, some of which may 
have been specifically motivated by their professional activities. 
According to the NGO Journalists Without Borders, two local journalists 
were killed during the year. On April 20, four gunmen on motorcycles 
shot radio host Samuel Roma outside his home in Coronel Sapucaia, in 
the State of Mato Grosso do Sul on the border with Paraguay. Roma, a 
well-known journalist who had frequently denounced drug trafficking and 
crime in the area, had called for police to investigate recent killings 
and claimed to possess information proving government officials' 
involvement in organized crime. Paraguayan police arrested three men 
suspected of killing Roma and handed them over to Brazilian police.
    On April 24, in Timbaiba, Pernambuco State, two unidentified gunmen 
ambushed, shot, and killed journalist Jose Carlos Araujo of Radio 
Timbauba FM. Four days later police captured Elton Jonas Goncalves de 
Oliveira, who confessed to the killing. Araujo hosted a local radio 
talk show and had exposed the involvement of several well-known local 
figures suspected of murder in the region.
    In June, a court sentenced Renato Santos Lira to 32 years in prison 
for the July 2003 killing of photographer Luis Antonio da Costa. The 
trial of Lira's alleged accomplice in the killing remained pending at 
year's end.
    On July 11, in Santana do Ipanema, Alagoas State, a man shot and 
killed radio owner and host Jorge Lourenco dos Santos in front of his 
home. Santos owned a radio station in Criativa FM, frequently 
criticized local politicians and businessmen on his show, and was 
active in local politics. Local press and police reported that he had 
received death threats and was the target of two previous attempted 
killings. A police investigation remained pending at year's end.
    Four of the seven persons, including alleged ringleader Elias 
Maluco, who were accused of killing prominent Rio de Janeiro television 
journalist Tim Lopes in 2002, lost their preliminary appeal and 
remained in jail awaiting trial. Indictments were issued for the three 
who did not appeal.
    The trial of police officers Hercules Araujo Agostinho and Celio de 
Souza for the 2002 killing of Savio Brandao, owner of the Folha do 
Estado newspaper, was held in December 2003 in Cuiaba, Matto Grosso 
State. Former military police corporal Agostinho was sentenced to 18 
years in prison for the shooting. Souza, whose case was delayed due to 
complications associated with a defense witness located overseas, 
remained in jail at year's end.
    In December 2003, a judge from the Second Criminal Court of 
Salvador, Bahia issued an order of habeas corpus, freeing former police 
officer Mozart Costga Brasil, who had been sentenced in September 2003 
to 18 years in prison for the 1998 killing of Manoel Leal de Oliveira, 
publisher and editor of the Itabuna weekly A Regiao. A judgment on the 
legality of the order has not been issued.
    The Government did not impose restrictions on the use of the 
Internet; however, federal and state police monitored the Internet to 
detect online recruitment by sex traffickers and the activities of hate 
groups.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.
    In May, students from the Sao Paulo Technical College clashed with 
military police during student demonstrations in downtown Sao Paulo. 
Police injured 15 students with rubber bullets and clubs while 
attempting to maintain public order and reopen a blocked roadway.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Approximately three-quarters of the population identified 
themselves as Roman Catholic, and the Government maintained a Concordat 
with the Vatican. There is no official 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 National Indian 
Foundation (FUNAI).
    There were reports of anti-Semitic graffiti, harassment, vandalism, 
and threats via e-mail and telephone. Six students at Rio de Janeiro 
Catholic University were charged with anti-Semitism for spraying anti-
Semitic graffiti in the university's restroom.
    On October 11, the Congregation Beth Jacob synagogue in Campinas, 
Sao Paulo, was defaced with anti-Semitic graffiti, including swastikas 
and the phrase, in English, ``kill all jewish.'' The Regional Special 
Action Group for the Prevention and Repression of Organized Crime, the 
Sao Paulo Civil Police, and the Civil Police Office for Crimes of 
Intolerance were investigating the crime at year's end, and the 
Campinas city council passed a motion denouncing the act.
    For a more detailed discussion, see the 2004 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.
    The Constitution prohibits forced exile as punishment, and it was 
not practiced.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
U.N. High Commissioner for Refugees and other humanitarian 
organizations in assisting refugees and asylum seekers. The Government 
also provided temporary protection to individuals who may not qualify 
as refugees under the 1951 Convention/1967 Protocol.
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.
    In the October 2002 national elections, PT candidate Luiz Inacio 
Lula da Silva won election to a 4-year-term with more than 61 percent 
of the vote in the second-round runoff. In October, nationwide 
municipal elections, held without any serious incidents, chose mayors 
and city councils in each of the country's 5,563 municipalities.
    There were 7 major political parties with 25 or more seats in the 
national congress. At year's end, the ruling PT had 91 of the 513 seats 
in the Chamber of Deputies and 13 of the 81 Senate seats, but there 
were approximately 381 Deputies in the PT coalition that supported 
Lula's government.
    Ethics and ethical behavior among public figures received 
heightened attention during both the Cardoso and Lula administrations. 
While corruption in the public sector has not been eliminated, 
implementation of new legislation provided greater public spotlight and 
scrutiny. Soon after a Code of Conduct for Senior Public Administration 
was promulgated in 2000, the Commission for Public Ethics was created 
to promote high standards of public behavior among both elected and 
appointed officials. Upon appointment or election, officials submit a 
confidential information declaration to the Commission listing assets, 
other sources of income, and possible activities or areas of conflict 
of interest.
    The law provides for public access to unclassified government 
information, upon application to the Commission for Public Ethics; 
however, the bureaucratic process often slowed release of such 
information.
    Women enjoyed full political rights and increasingly were active in 
politics and government. There were 9 women in the 81-member Senate and 
44 women in the 513-seat Chamber of Deputies. There were four women in 
the cabinet and one woman on the Supreme Court.
    There were three members of minorities in the cabinet and one on 
the Supreme Court. There were 27 Afro-Brazilians in Congress.
    Diverse ethnic and racial groups, including indigenous people, were 
free to participate politically.
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. Federal officials 
usually were cooperative and responsive to their views. Federal and 
state officials in many cases sought 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, particularly members of 
the state police forces.
    After the IACHR's August 2003 request for the Government to provide 
police protection for three human rights activists in Parana State who 
had received death threats in 2003, two of the activists were given 
minimal protection, and one left Parana State for several months. 
Representatives from the human rights NGO Centro Santo Dias had 
reported continuing military police involvement in torture Parana's 
prisons. The death threats succeeded in discouraging additional human 
rights activists in Parana from reporting such abuses.
    Eight states had police ombudsmen (see Section 1.c.); however, some 
NGOs and human rights observers questioned their independence and 
effectiveness. U.N. Special Rapporteur Jahangir noted that ombudsmen's 
accomplishments varied dramatically, depending on such factors as 
funding and outside political pressure.
    The Justice Ministry's Special Secretariat for Human Rights 
administered programs to reduce violence among the poor, train police 
officials in human rights practices, and combat discrimination against 
homosexuals, blacks, women, children, indigenous people, the elderly, 
and persons with disabilities.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of sex, race, age, 
religion, or nationality; however, discrimination against women, Afro-
Brazilians, homosexuals, and indigenous people continued. The law 
provides prison penalties and fines for racist acts, including use of 
pejorative terms for ethnic or racial groups, use of the swastika, and 
acts of discrimination based on sex, religion, age, or ethnic origin.

    Women.--The most pervasive violations of women's rights involved 
sexual and domestic violence, which remained both widespread and 
underreported. According to a survey conducted by the World Society for 
Victims and used by the Senate in its 2004 Report on the Condition of 
Women, 23 percent of women were subjected to domestic violence; in 
about 70 percent of the occurrences, the aggressor was the victim's 
husband or companion; 40 percent of the cases resulted in serious 
injuries, but in only 2 percent of the complaints was the aggressor 
actually punished.
    The Government acted to combat violence against women. Each state 
secretariat for public security operated women's stations (``delegacias 
da mulher'') to address crimes against women; however, the quality of 
services provided varied widely, and availability was particularly 
limited in isolated areas.
    The stations were intended to provide the following services for 
victims of domestic violence: Psychological counseling, temporary 
shelter, 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. 
According to the Ministry of Justice, many of the women's stations fell 
far short of standards. There were approximately 307 stations for 5,563 
municipalities; 40 percent were in Sao Paulo State and 13 percent in 
Minas Gerais State. The States of Acre, Alagoas, Ceara, Roraima, and 
the Federal District each had only one such office.
    The Government continued to operate a toll-free hotline to address 
complaints of violence against women. The law requires health 
facilities to contact the police regarding cases in which a woman was 
harmed physically, sexually, or psychologically. A law enacted in June 
added domestic violence to the Penal Code and made it a crime 
punishable by 6 to 12 months' imprisonment. According to government 
officials and NGO workers, the majority of criminal complaints 
regarding domestic violence were suspended without a conclusion.
    Rape, including spousal rape, is a crime punishable by 8 to 10 
years' imprisonment; however, men who killed, sexually assaulted, or 
committed other crimes against women were unlikely to be brought to 
trial. The Penal Code allows a convicted rapist to escape punishment if 
he marries his victim or if the victim marries a third person and does 
not request or require an investigation or criminal proceedings.
    Adult prostitution is legal; however, various associated 
activities, such as operating a prostitution establishment, are 
illegal. Local authorities in Rio de Janeiro launched campaigns against 
sex tourism and arrested several persons involved in promoting 
prostitution during the year. Rio de Janeiro State passed a law 
requiring certain businesses to display signs listing the penalties for 
having intercourse with a minor. Women's groups reported that 
prostitutes encountered discrimination when seeking free medical care. 
Trafficking of women for the purpose of prostitution was a serious 
problem (see Section 5, Trafficking).
    Sexual harassment is a criminal offense, punishable by 1 to 2 years 
in jail. The law encompasses sexual advances in the workplace or in 
educational institutions, between family members, and between 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.
    Women enjoy the same legal rights as men. A cabinet-level office, 
the Secretary for Women's Affairs, who oversees the Special Secretariat 
for Women's Affairs, has responsibility to ensure the legal rights of 
women. The Constitution prohibits discrimination based on gender in 
employment and wages; however, there were significant wage disparities 
between men and women. In June, the Chamber of Deputies' Commission on 
the Feminization of Poverty reported that women generally earned 30 
percent less than men and that, in households headed by single woman, 
the woman worker earned less than half the minimum wage. According to 
the Brazilian Institute of Geography and Statistics (IBGE), white 
Brazilian women earned on average 40 percent less than white men, and 
Afro-Brazilian women received 60 percent less earnings than white men. 
A federal government quota system requires that at least 20 percent of 
new federal government hires be women.
    The Maternity Leave Law provides 120 days of paid maternity leave 
to women and 7 days to men. The law also 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. Violations of the law are punishable 
by jail terms for employers of 1 to 2 years, while the company may be 
fined 10 times the salary of its highest-paid employee.
    Active women's rights groups included: The NGO Feminist Center for 
Studies and Assistance, which focused on combating gender and racial 
discrimination by conducting studies and promoting advocacy activities 
to influence public policy affecting women, and the Institute Patricia 
Galvao, a separate NGO, which informed the public about women's rights 
and violence against women.

    Children.--The Government continued its commitment to children's 
rights and welfare, but millions of children suffered from the poverty 
afflicting their families, worked to survive, and failed to get an 
education.
    The law provides that children age 6 and under receive free day-
care and preschool. Schooling was free and compulsory between the ages 
of 7 and 14 and free, but not compulsory, for adolescents between the 
ages of 15 and 17 who did not attend primary school. Schooling was 
available in all parts of the country, although not every school had 
space for every child that wanted to attend. In 2002, IBGE reported a 
97 percent school enrollment rate for children ages 7 to 14. Girls and 
boys attended school in comparable numbers.
    According to Human Rights Watch, girls often lacked basic medical 
care and had fewer opportunities than boys to receive exercise, 
recreation, and participate in other activities.
    The law prohibits subjecting any child or adolescent to any form of 
negligence, discrimination, exploitation, violence, cruelty, or 
oppression. Allegations of abuse of minors and prosecution of crimes 
against children were not pursued adequately or aggressively.
    In April, six councilmen and a municipal employee in Porto Ferreira 
in Sao Paulo State were found guilty and sentenced to prison for rape, 
corruption of minors, and conspiracy. All had been arrested in August 
2003 on charges of participating in group sexual activities at 
barbecues involving elected officials, municipal employees, 
businessmen, and local girls between the ages of 11 and 16. Although 
serving a 42-year prison sentence, convicted city councilman Luiz Cesar 
Lanzoni was reelected to the city council in the October municipal 
elections.
    In July, the military prosecutor's office of Rio Grande do Sul 
accused a military policeman of rape of a minor and 13 other military 
policemen of sexual abuse committed against minors. The acts allegedly 
were committed in police cars in 2001 and 2003 in the town of Triunfro. 
The inquiry began on February 11, and, after receiving threats, the 
minor entered the Rio Grande do Sul State protection program. The head 
of the military police internal affairs office reported that the 
policemen are expected to be tried and dismissed.
    Trafficking in children for the purpose of prostitution was a 
serious problem (see Section 5, Trafficking).
    Child labor remained a problem (see Section 6.d.).
    In 2003, the University of Sao Paulo Research Institute Foundation 
(FIPE) estimated that 10,400 homeless persons lived in Sao Paulo city, 
of whom 2 percent were under the age of 17. The city of Rio de Janeiro, 
in cooperation with NGOs, operated 57 shelters and group homes for 
street children and has created an entity dedicated to street children 
called FUNDO RIO. The Sao Paulo city government runs several programs 
for street children, including a number of shelters for minors and the 
Sentinel Program, which identifies at-risk youth and provides social 
services, counseling, and shelter.

    Trafficking in Persons.--The law prohibits the transport of persons 
for illicit reasons within and outside the country; however, persons 
were trafficked from, within, and, to a lesser extent, to the country.
    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. The Statute on Children and Adolescents requires 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 the authorities grant prior approval. However, laws on 
trafficking for sexual exploitation were difficult to enforce, 
particularly in relation to domestic trafficking.
    The law does not specifically prohibit trafficking of men or the 
internal trafficking of women, although Congress was considering 
legislation to criminalize all forms of trafficking.
    The Penal Code provides that traffickers of women may be fined and 
sentenced to prison terms 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.
    Anti-trafficking laws generally were enforced, but violators rarely 
received criminal penalties because of the limitations of the statutes. 
Although complete data was not available, officials estimated that 50 
to 100 labor trafficking defendants were prosecuted in 2003, however, 
many of those proceedings had not reached conclusion by year's end. 
According to the International Labor Organization (ILO), only 68 cases 
of trafficking of women for prostitution have been brought to the 
attention of federal authorities over the past 3 years. During the last 
quarter of the year, however, the country had its first three cases 
(one in Goiania and two in Fortaleza) of prison sentences for persons 
convicted of trafficking women abroad. Prison sentences ranged from 8 
to 30 years. These cases received widespread media attention.
    In October, police broke up a German-based sex trafficking ring in 
Fortaleza, Ceara, that offered European tourists sex with minors and 
sent women to Europe for prostitution through an on-line prostitution 
ordering service. The website, which federal police believed was hosted 
overseas, allowed men to select Brazilian women with desired 
characteristics in sex package tours priced from $2,540 to $3,810. The 
woman selected would meet the tourist in the country or would fly to 
Europe. The Federal Police arrested three Germans, including the owner 
and a recruiter, four Italian tourists, and five Brazilian employees. 
Police confiscated approximately 300 explicit photos of women and girls 
under the age of 19 and closed down the service. Those arrested were 
awaiting prosecution at year's end.
    In October, the Secretariat for Human Rights in the Ministry of 
Justice launched a nationwide anti-trafficking in persons publicity 
campaign in Goiania, Goias, to prevent the trafficking of women for 
sexual exploitation abroad. Approximately 60 percent of women 
trafficked abroad came from Goias State. The program was co-sponsored 
by the U.N. Office of Drugs and Crime (UNODC) and the Government of 
Portugal. Female passport recipients receive a brochure that states 
``first they take your passport, then your freedom.'' The campaign 
includes radio advertisements and large warning signs in airports in 
Sao Paulo, Rio de Janeiro, Brasilia, Recife, Fortaleza, and Goiania. 
Police officers, judges, and foreign consulates in the country received 
training under this program.
    In May, the Sao Paulo State Secretary of Justice inaugurated the 
Sao Paulo Office for the Prevention of Trafficking in Persons. This 
office conducted public education campaigns, assisted victims of human 
trafficking and sexual exploitation, and referred individual 
trafficking cases to the federal police and state attorneys. The 
office, the first of its kind in the country, was expected to open a 
center at the Sao Paulo international airport to assist victims who 
return to the country after being trafficked abroad.
    On October 28, the Brasilia Federal District Prosecutor charged 
Benicio Tavares, then-Speaker of the Federal District's Legislative 
Chamber and president of the NGO Handicapped Association of Brasilia, 
with forced prostitution and the sexual exploitation of four minors. 
The Prosecutor charged that, on September 17, Tavares took part in a 
sex tourism boat trip on the Amazon River. Victims claimed that Tavares 
paid them approximately $179 (500 reais). The case was still being 
investigated by the prosecutor's office at year's end, although Tavares 
enjoys legislative immunity and cannot be tried in a common court. 
Separately, the District Assembly's Ethics Committee chose not to open 
an inquiry into the case that could have resulted in Tavares' expulsion 
from the assembly. At year's end, the highest criminal court in the 
Federal District was considering whether to hear the case against 
Tavares.
    Government authorities responsible for combating trafficking 
included various agencies of the Ministry of Justice (including the 
Federal Police), the National Human Rights Secretariat, the Ministry of 
Labor and Employment, the Ministry of Tourism, and the Ministry of 
Social Assistance. 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.
    Police officers reported difficulty in arresting 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.
    The country assisted with investigations of trafficking in Italy, 
Spain, Portugal, Japan, and the United States. A joint investigation 
between authorities in Goias State and Spain resulted in several 
arrests in Goias and the liberation of 24 women (including 4 from 
Goias) held as sex slaves in Valencia.
    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. NGOs estimated that some 75,000 women 
and girls were engaged in prostitution in neighboring South American 
countries, the United States, and Western Europe, many of them 
trafficked.
    Internal trafficking of rural workers into forced labor schemes was 
a serious problem, while trafficking from rural to urban areas occurred 
to a lesser extent. Union leaders claimed that nearly all persons 
working as forced laborers had been trafficked by labor recruiters (see 
Section 6.c.). Labor inspectors found a small number of persons from 
other countries trafficked to work in urban sweatshops.
    According to the CECRIA, patterns of sexual exploitation of 
children corresponded to the distinct economic and social profiles of 
the country's regions. In the Amazon region, sexual exploitation of 
children took place in brothels that catered to mining settlements. In 
large urban centers, girls who left home to escape abuse or sexual 
exploitation often prostituted themselves on the streets 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.
    Child prostitution also developed in the areas served by the 
country's navigable rivers, particularly in ports and at international 
borders. NGOs estimated that approximately 500,000 children were 
involved in prostitution.
    In July, Congress approved a report recommending that more than 200 
persons, including politicians, judges, business leaders, and priests, 
should be investigated for crimes against minors, but no action had 
been taken on the report by year's end. The Parliamentary Investigation 
Commission reported 800 complaints of child sexual abuse from January 
to June.
    CECRIA's 2003 report on trafficking in persons for commercial 
sexual exploitation, which drew on police, media, and other sources, 
identified 241 sex trafficking routes. 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 
study also named France, Switzerland, Germany, Argentina, Chile, Japan, 
Israel, and Iraq as destinations for trafficking victims. The report 
identified the cities of Rio de Janeiro, Sao Paulo, Belem, Forteleza, 
Salvador, and Recife as exit points for persons trafficked to Europe. 
Rio de Janeiro and Sao Paulo were exit points for the United States, 
while victims destined for Argentina, Chile, and Paraguay passed 
through the city of Foz do Iguacu. 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, which itinerant 
workers often transited. CECRIA's report also identified trafficking 
routes of children for sexual exploitation from the southern region of 
the country into Argentina and Paraguay. Domestically, trafficked 
agricultural workers were most often used in isolated areas of the 
Amazon region in the northern part of the country; many of the most 
serious cases occurred in the State of Para. The report also called 
attention to sex trafficking in areas with major development projects.
    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 domestics. Upon arrival, the victims' passports 
often were 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.
    Internal trafficking supplied forced labor primarily from urban to 
rural areas for agricultural work and for sex tourism. This typically 
occurred when employers recruited laborers from poor, rural towns and 
transported them to remote areas where escape was difficult. Workers 
then were obliged to toil in brutal conditions until they were able to 
repay inflated debts.
    Trafficking in persons was linked to international networks of 
crime, including drugs and arms trafficking and money laundering.
    There was no evidence of any institutional government complicity in 
the trafficking, nor was there any known evidence of individual state-
level law enforcement officers engaging in, encouraging, or abetting 
trafficking.
    Several government programs assisted victims of trafficking, 
although efforts often were inconsistent and underfunded. The Ministry 
of Social Assistance operated more than 400 centers to assist victims 
of sexual abuse and exploitation and domestic violence. There were no 
special facilities or assistance for victims abroad. NGOs in 
trafficking source states provided victim assistance in job training, 
counseling, and other community reintegration assistance. The Office of 
the Comprehensive Program for the Prevention of and the Fight Against 
Trafficking in Persons operated seven centers to provide assistance to 
victims of both internal and international trafficking. A wide variety 
of locally based NGOs worked with trafficking victims, assisting in 
retraining and counseling activities.
    Trafficking victims were not treated as criminals; however, access 
to support services was limited due to a lack of government resources. 
No statistics were available concerning the number of victims in 
shelters. Police usually referred victims to centers for treatment and 
counseling.
    No official programs encouraged victims to file civil suits or seek 
legal action or restitution against traffickers. The Government 
maintained a witness protection program, which was overseen by the NGO, 
Office of Legal Assistance for Grassroots Organizations, working in 
coordination with government authorities. Although the program operated 
in all states, lack of resources limited its effectiveness.
    The National Human Rights Secretariat conducted anti-trafficking 
information campaigns. The Government continued a campaign begun in 
2003 to deter international traffickers and sensitize their potential 
victims to the dangers. The National Secretary for Justice led the 
campaign, which included opening offices in four states, education and 
training for officials, and public awareness campaigns. In addition, 
the Government undertook a government-wide initiative to combat the 
sexual exploitation of children, which included distributing 
information against sex tourism and underage prostitution.
    Labor organizations and NGOs continued to conduct prevention 
campaigns. The Pastoral Land Commission (CPT) distributed pamphlets to 
rural workers in areas that historically served as targets for 
traffickers. The pamphlets warned rural workers about the methods of 
traffickers and offered practical advice to avoid this situation. A 
number of local unions instructed laborers to register with them and 
the police before leaving with a labor recruiter.

    Persons With Disabilities.--The Constitution contains several 
provisions regarding persons with disabilities, stipulating a minimum 
wage, educational opportunities, and access to public buildings and 
public transportation for them; 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. The law stipulates percentages of vacancies that 
businesses must reserve for persons with disabilities: 2 percent in 
firms with more than 100 employees; 3 percent in firms with more than 
300 employees; and 5 percent in firms with more than 500 employees. 
Firms that achieved these percentages could gain an advantage in 
competing for government contracts. A federal government quota system 
requires that at least 5 percent of new federal government hires be 
persons with disabilities.
    The National Council for the Rights of Handicapped Persons and the 
National Council for the Rights of the Elderly, both within the Special 
Secretariat for Human Rights, had primary responsibility for promoting 
the rights of persons with disabilities.
    Several laws were enacted during the year to protect the rights of 
persons with disabilities. A March law provides persons with 
disabilities the right to education and free instruction for those 
otherwise unable to attend classes. An August law requires that public 
and private parking lots reserve 2 percent of parking spaces for 
persons with disabilities and the elderly.
    The Sao Paulo State labor code requires that meeting places for 
more than 100 persons or other facilities for 600 persons or more 
provide modified entrances, bathrooms, ramps, elevators, and signs for 
persons with disabilities. Nonetheless, persons with disabilities in 
Sao Paulo State had difficulty in securing necessary accommodations.
    In April, the governor of Sao Paulo State requested that the 
Secretary for Justice and the Protection of Citizens enforce the state 
law permitting seeing-eye dogs access to all public transportation 
after a passenger was denied access to the Sao Paulo city Metro because 
of her seeing-eye dog.
    In August, the press reported that only 496 of the Sao Paulo city's 
977 bus lines provided wheelchair-accessible buses; the mayor's office 
revised the previous goal of providing at least one wheelchair 
accessible bus on each bus line to providing such service only on major 
bus routes.
    There were 237 psychiatric hospitals with more than 48,000 patients 
in the country. From March through July, the Federal Council of 
Psychiatry and the Brazilian Bar Association conducted an inspection of 
the country's psychiatric hospitals in 14 states and the Federal 
District to investigate cases of violence, imprisonment, torture, and 
death. Their report, released on August 22, concluded that psychiatric 
patients received inadequate medical care and that the lack of 
inspection procedures created a major problem. In late August, Federal 
Minister of Health Humberto Costa announced that he would initiate 
judicial action against psychiatric hospitals with inadequate health 
care. According to the Ministry of Health, seven hospitals provided 
``appalling'' health care.

    National/Racial/Ethnic Minorities.--Although the law prohibits 
racial discrimination, darker-skinned citizens, particularly Afro-
Brazilians, frequently encountered discrimination. The government 
statistics agency, IBGE, relied on self-identification to determine the 
population's racial composition, using five categories: Black, brown 
(or mixed race), white, yellow (or Asian), and indigenous. In a 2002 
IBGE national survey, approximately 6 percent of citizens declared 
themselves as black, and another 40 percent declared themselves as 
brown.
    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 National Movement for Human Rights reported that victims of 
torture were disproportionately of African ancestry and that blacks 
were more likely to be convicted when brought to trial (see Sections 
1.c. and 1.e.). Research by the Institute of Applied Economic Research 
noted that 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.
    On January 13, members of human rights organizations in Sao Paulo 
held a demonstration to denounce the actions of groups who promote 
racial superiority and discrimination against Afro-Brazilians, 
Northeasterners, homosexuals, Jews, punks, and other minorities. 
Demonstrators also called on authorities to investigate further known 
racist groups such as Carecas (``Skinheads'') do ABC, Carecas do 
Suburbio, Poder Branco (``White Power''), and Imperial Klans do Brasil. 
The demonstration was held where skinheads from Carecas do ABC attacked 
Edson Neris da Silva and Dario Pereira Neto for holding hands in 2000. 
Silva died from the injuries sustained during the attack.
    The predominance of whites in government, business, and academia 
indicated that Afro-Brazilians had not attained social and economic 
equality and were significantly underrepresented in professional 
positions and in the middle and upper classes. Sao Paulo State Deputy 
Sebastiao Arcanjo noted that Afro-Brazilians constituted a majority in 
demographic terms but a minority in terms of power. Afro-Brazilians 
accounted for approximately 2 percent of the executive and management 
positions in businesses, and the country's diplomatic corps included 
only six Afro-Brazilians. In June, IBGE reported that Afro-Brazilians 
suffered a higher rate of unemployment and earned a lower average wage 
than non-blacks. According to IBGE, the average monthly wage of a white 
wage earner was nearly double the average earned by black wage earners, 
a disparity that widened considerably in the upper income classes.
    There was a sizeable racial education gap. According to the 
Ministry of Education, white Brazilians received an average of 7.1 
years of schooling versus 5.3 years for Afro-Brazilians; in the 
Northeast region, the gap was even larger, since Afro-Brazilians 
received an average of 4.5 years of schooling. According to the 
Education Ministry, Afro-Brazilians constituted 16 percent of the 
university population and filled between 3 and 7 percent of the 
openings in the country's prestigious public universities. During the 
year, major public universities in the states of Sao Paulo, Rio de 
Janeiro, Mato Grosso, Bahia, and the Federal District of Brasilia 
started or continued affirmative action programs. The University of 
Brasilia set aside 25 percent of its first-year vacancies for self-
declared students of color.

    Indigenous People.--The Constitution grants the indigenous 
population broad rights, including the protection of their cultural 
patrimony and the exclusive use of their traditional lands; however, in 
practice, the Government did not secure these rights.
    The country had an indigenous population of approximately 400,000 
persons belonging to 215 ``nations.'' The Government estimated that 
more than half of indigenous people lived in poverty in communities 
whose traditional ways of life were threatened on a variety of fronts. 
The National Indian Foundation (FUNAI), the Government's agency 
responsible for carrying out indigenous policies, reported that 
indigenous people faced many problems, including disease and poor 
health care, loss of native culture, and recurring incursions 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.
    The 1988 Constitution charged the Federal Government with 
demarcating indigenous areas within 5 years. By year's end, at least 
459 of the 616 recognized indigenous areas had reached the final 
registration stage, 75 were in the process of demarcation, and 133 had 
yet to be processed. Identified indigenous territory constituted 11 
percent of the national territory. A specific congressional committee 
had oversight responsibility for Indian Affairs.
    The Constitution provides indigenous people with the exclusive 
beneficial use of the soil, waters, and minerals on indigenous lands 
but only if the Congress approves each case. The Government 
administered the lands but was obliged to consider the views of the 
affected communities regarding their development or use, and 
communities have the right to ``participate'' in the benefits gained 
from such use.
    Nonindigenous people, who illegally exploited indigenous lands for 
mining, logging, and agriculture, often destroyed the environment and 
wildlife, spread disease, and provoked violent confrontations. FUNAI 
acknowledged a lack of resources to protect indigenous lands from 
encroachment and depended on the Federal Police--itself an understaffed 
and poorly equipped agency--for law enforcement on indigenous lands.
    Disputes between indigenous and non-indigenous people created 
tension that occasionally erupted into violence. Most conflicts 
concerned land ownership or resource exploitation rights in which some 
indigenous people resorted to forceful occupation, hostage taking, and 
killing.
    From the end of 2003 through the beginning of the year, members of 
the Guarani-Kaiowa tribe in the State of Mato Grosso do Sul used 
invasion tactics to claim demarcated land. In December 2003, tribe 
members occupied 14 farms near Japora and Iguatemi on the Paraguayan 
border to expand the Aldeia Porto Lindo reserve from 4,000 to 23,500 
acres. Indigenous people took 22 hostages, including a state attorney 
general, during the occupation. On January 30, the Guarani-Kaiowa 
people reached an agreement with FUNAI and the federal Public 
Prosecutor to vacate 11 of the 14 invaded farms for the return of 
19,500 acres to the tribes. The indigenous people were allowed to 
remain provisionally on three of the farms so long as they did not 
hinder production. Landowners took the case to the Federal Regional 
Tribunal in Sao Paulo, requesting the immediate and complete return of 
their land. On February 3, the judge upheld the decision to limit the 
eviction of the occupiers and return of the land to the previous 
occupants and to resolve the dispute with the Guarani-Kaiowa tribe 
members through negotiations. Two days later, the indigenous people 
left most of the invaded farms, except for three that they continued to 
control, while allowing owners to re-enter the properties.
    In early April, members of the Cinta-Larga tribe killed 29 diamond 
prospectors who were working illegally on an indigenous reservation. In 
late April, Federal Police identified 12 members of the Cinta-Larga 
tribe as having been involved in the killings. However, others reported 
that the killings were the result of a disagreement between indigenous 
leaders who were involved in diamond smuggling and charged the illegal 
prospectors ``fees'' for access to the reservation. FUNAI and local 
indigenous leaders claimed that the Indians were protecting their land 
against illegal invasion and that previous incursions onto their 
territory had gone unpunished. The Government undertook to increase 
monitoring of the reservation.
    On the Raposa Serra do Sol reservation in Roraima State, the long-
running land dispute between Indians and rice planters continued after 
the Supreme Court refused to overturn a lower court's order that 
stopped demarcation of the disputed territory. On June 30, Indians 
occupied a riverbank region occupied by rice cultivators. In November, 
FUNAI reported that area landowners used violence to intimidate 
indigenous supporters of demarcation, attacking members of the Macuxi 
tribe and demolishing several of their villages. The tension between 
rice farmers and Indians continued at year's end as both sides awaited 
a final ruling from the Supreme Court on demarcation.
    No new information was available regarding the January 2003 killing 
of Marcos Veron, a prominent leader of a Guarani-Kaiowa indigenous 
nation in Mato Grosso do Sul State involved in a dispute over territory 
in Dourados. His nephew also was killed and many others were beaten in 
the same incident. Authorities indicted 27 persons and arrested 14 in 
connection with the killing, and the Federal Justice Minister undertook 
to analyze the case and make a decision on resolving the land dispute.
    No new information was available and none was expected on the June 
2003 killing of Caingangue leader Adilson Cardoso in Faxinalzinho, Rio 
Grande do Sul State.
    Some universities, such as the University of Brasilia, began or 
maintained affirmative action programs for indigenous people.

    Other Societal Abuses and Discrimination.--There was a history of 
societal violence against homosexuals. Although the Constitution does 
not prohibit discrimination based on sexual orientation, state and 
federal laws do prohibit such discrimination, and the federal and state 
governments remained committed to combating it.
    According to the Ministry of Health, there were approximately 180 
killings of homosexuals during the year.
    No further information was available, and none was expected, in the 
August 2003 trial of military police officers accused of the 2000 
beating death of transvestite Henrique de Souza Lima in Curitiba, 
Parana.
    In December 2003, state prosecutors charged Mayor Elcio Berti of 
Bocaiuva do Sul, Parana State, with violating state and federal 
antidiscrimination laws and abuse of administrative power for issuing a 
decree in December 2003 prohibiting homosexuals from living in the 
town. The town's public prosecutor convinced Berti to revoke the decree 
to avoid a public investigation and filing of the case. In a hearing on 
June 16 for a civil case against the mayor, filed by the human rights 
NGO Grupo Dignidade, Berti claimed that the decree was an internal joke 
that was mistakenly released to the press. Grupo Dignidade filed a 
further case against the mayor with the National Council to Combat 
Racism. The case remained pending at year's end.
    During the year, four gang members convicted in the 2000 killing in 
Sao Paulo of Edson Neris da Silva received sentences ranging from 2 to 
19 years in prison.
    The Secretariat of State Security in Rio de Janeiro, in partnership 
with NGOs, operated a hotline and offered professional counseling 
services to victims of anti-homosexual crimes.
    In November, Rio de Janeiro state lawmakers reversed the governor's 
veto on a bill that gives same-sex partner benefits to government 
employees. The state's 70-member assembly voted 37 to 21 to override 
the veto and the law went into effect. In July, a Sao Paulo state court 
ordered 15 health insurance companies to recognize same-sex couples in 
their coverage.
    In April, the Special Secretariat for Human Rights launched the 
``Brazil Without Homophobia'' program, which sought to stop violence 
against homosexuals, provide legal counsel to victims of violence, and 
prevent anti-homosexual sentiment by providing tolerance training for 
school-aged children. According to the National Secretariat for Human 
Rights, the program aims to strengthen public institutions and NGOs 
that promote homosexual rights and combat homophobia; offers training 
to professionals and representatives in the homosexual community; 
creates publicity campaigns to raise awareness and disseminate 
information about homosexual rights and to promote homosexual self-
esteem; and encourages reporting of violence against homosexuals.
    There was some societal discrimination against the elderly. The 
cities of Sao Paulo and Porto Alegre had police stations that 
specifically attended to the rights of the elderly. The Sao Paulo 
police station reported that the number of senior citizens served 
increased 99 percent (to 4,453) during the year. The station advised 
senior citizens on their rights and accepted complaints of 
maltreatment, abandonment, threats, and confiscation of property. 
Station officials attributed the increase in service to the Statute of 
the Elderly, which entered into effect on January 1. The Statute 
criminalizes discrimination against, abandonment of, or failure to 
provide emergency assistance to the elderly, and provides penalties of 
up to 6 months in jail. According to the police, close family members, 
in particular, the victim's children, committed 90 percent of the 
offenses registered, the most common of which was the confiscation of 
the senior citizen's pension.
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 firefighters) but impose 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 (MLE), which accepts the registration if no objections are 
filed by other unions. Unions that represent workers in the same 
geographical area and professional category may contest registration, 
in which case 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. Union organizers may 
challenge this decision in the labor courts.
    The 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 enforced the principle of 
unicidade in decisions regarding the registration of new unions.
    Approximately 16 percent of the work force was unionized. Most 
informal sector workers, including self-employed workers and those not 
formally registered with the Ministry of Labor, fell outside the 
official union structure and thus did not enjoy union representation 
and were usually unable to exercise fully their labor rights. The 
informal sector accounted for approximately one-half of the labor 
force. In the agricultural sector, 70 percent of workers were 
unregistered.
    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.). The CPT 
reported that seven rural labor leaders were killed during the year.
    Violence against labor leaders continued to be most intense in Para 
State, where--according to leaders of the National Confederation of 
Agricultural Workers--there was an organized campaign to kill rural 
labor leaders. Catholic Church sources reported that 33 activists and 
rural workers were killed in Para State in 2003, including union leader 
Osvaldo Pereira Santos. CPT leaders in Para State continued to claim 
that gunmen hired by estate owners committed most of these killings. 
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.
    No new information was available and none was expected regarding 
the 2002 killings of MST leader Ivo Lindo do Carmo and union official 
Bartolomeu Morais de Silva.
    The Constitution prohibits the dismissal of employees who are 
candidates for or holders of union leadership positions. The law 
requires employers to reinstate workers fired for union activity; 
however, at times, the authorities did not effectively enforce laws 
protecting union members from discrimination. Labor courts charged with 
resolving these and other disputes involving unfair dismissal, working 
conditions, salary disputes, and other grievances were slow and 
cumbersome. According to the Supreme Labor Court, more than 2 million 
complaints were registered annually in labor courts; when ultimately 
resolved, most parties agreed that cases were decided fairly and on 
their merits. 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; however, the trial backlog was 
reduced during the year. Courts have resolved more than the number of 
new suits filed each year for the period 2000-2003.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining was widespread in the formal sector. 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.
    The Constitution provides workers (except for the military, police, 
and firefighters) with the right to strike, and workers exercised this 
right in practice. The Government seldom interfered with the right of 
government workers to strike. While the civil police were allowed to 
form unions and conduct strikes, the military (uniformed) police were 
prohibited from organizing.
    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. 
Employers may not hire substitute workers during a legal strike or fire 
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 (see Section 6.a.).
    Labor law applies equally in the country's four free trade zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
forced labor and trafficking of workers were reported in many states 
(see Section 5). The practices 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.
    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 possibly involved fraud or coercion.
    In a March report to the U.N., the Government acknowledged that an 
estimated 25,000 workers were trapped in forced labor schemes 
throughout the country. The Pastoral Land Commission, an NGO linked to 
the Catholic Church, made a similar estimate. A November ICFTU report 
estimated that 40,000 persons worked in conditions of slavery.
    Labor intermediaries (``gatos'') trafficked most forced laborers to 
the remote estates where they worked. At the worksite, laborers were 
forced to work in harsh 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 
intimidate others at the worksite. Workers were vulnerable to forced 
labor schemes largely due to dire poverty, low levels of education, and 
a lack of awareness about their rights.
    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 or transporting workers or obliging them to incur debt as 
part of a forced labor scheme. The 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 also 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, this provision was narrowly 
focused. The Senate approved a constitutional amendment, which the 
Chamber of Deputies had under consideration at year's end, to 
facilitate the process of expropriating land where forced labor has 
been found and to permit distribution of the land to workers who had 
been in the condition of forced labor. On October 19, the Government 
announced the expropriation of ``Cabaceiras,'' a farm located in 
Maraba, Para State. A February inspection found that 18 workers, 
including a 16-year-old, lived at the farm and worked under slave-like 
conditions.
    Because of the limitations of the Penal Code concerning forced 
labor and the slow workings of the criminal justice system, violators 
of forced labor laws enjoyed virtual impunity from criminal 
prosecution. As a result, the Government used fines and other 
disincentives to penalize those who utilized forced labor. The Public 
Labor Ministry closed more than 50 cases involving fines and other 
penalties for landowners who used forced labor. In addition, the 
Government developed a blacklist to stop all forms of government-
assisted credit to farms using forced labor. Other factors contributing 
to the lack of criminal prosecutions included: Disputes over legal 
jurisdiction; the 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 was practiced; witnesses' fear of retaliation; and 
police failure to conduct criminal investigations when accompanying 
labor inspectors on raids.
    The Executive Group to Combat Forced Labor coordinated the 
Government's efforts to eliminate forced labor. The group's enforcement 
arm, the Special Group for Mobile Inspection, had responsibility for 
locating and freeing workers trapped in forced labor. The mobile unit 
worked in conjunction with federal police officers, who sometimes 
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.
    During 2003, the mobile group located 5,010 forced laborers, nearly 
double the figure from the previous year. Forced laborers were found in 
activities including deforestation, logging, mining, raising livestock, 
and harvesting sugarcane, coffee, cotton, papayas, pepper, and 
soybeans.
    In February, the mobile team freed 38 forced laborers from a farm 
owned by Senator Joao Ribeiro in Picarra, Para State. On June 17, the 
Senator was charged in Federal Court for having workers in conditions 
of forced labor on his plantation, and the case remained pending at 
year's end.
    The case involving 53 workers found working in conditions of forced 
labor in 2002 on a ranch owned by Inocencio Oliveira, a leading member 
of the federal Chamber of Deputies, was resolved with a heavy series of 
fines, amounting to more than $200,000 (560,000 reais), plus damages to 
the workers.
    Although mobile units enjoyed some success in freeing those 
operating in slave-like conditions, inspectors sometimes faced 
resistance. On January 28, three team members and their driver were 
killed while conducting inspections in Unai in Minas Gerais State (see 
Section 1.a.).
    The Government conducted programs to prevent workers from 
repeatedly falling prey to trafficking and forced labor schemes. Freed 
workers may receive three installments of unemployment insurance equal 
to the minimum wage, approximately $93 (260 reais) per month, and were 
eligible for job training. The CPT ran an informational campaign to 
educate rural workers, particularly in rural areas targeted by 
traffickers, about the dangers of forced labor (see Section 5). 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.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law restricts work that may be performed by children; however, child 
labor continued to be a widespread problem.
    The minimum working age is 16 years, and apprenticeships may begin 
at age 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 parental 
permission for minors to work as apprentices, and apprentices must 
attend school through the primary grades.
    In 2003, 6.7 percent of children age 14 and under worked. 
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 
in the country were employed. Slightly more than half of child laborers 
worked in rural areas, and two-thirds were boys.
    The Ministry of Labor reported that children worked in 
approximately 100 rural and urban activities. Common rural activities 
included fishing, mining, raising livestock, producing charcoal, and 
harvesting sugarcane and 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 20 percent of 10- to 14-year-old 
girls worked as household 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 MLE was responsible for inspecting worksites to enforce child 
labor laws. Special Groups for the Eradication of Child Labor guided 
regional efforts to enforce child labor laws, principally by gathering 
data and developing 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. 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 $143 (400 reais) per violation. As a result, 
few employers were fined for employing children.
    MLE inspectors often worked closely with labor prosecutors from the 
Public Ministry of Labor (MPT), who had broader powers and were able to 
impose larger fines. The MPT--an independent agency responsible for 
prosecuting labor infractions--has a national commission to fight child 
labor. The commission included 50 prosecutors and focused on strategic 
areas including sexual exploitation, trash collecting, apprenticeships, 
and work in a family setting.
    The Ministry of Social 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. Because the public school day lasts only 4 hours, PETI 
emphasized complementary educational activities for children during 
non-school hours as an alternative to working. PETI assisted more than 
1 million children in all 26 states and the federal capital during the 
year, focusing on removing children from work activities considered to 
be among the most hazardous by the Government. Although the program 
concentrated on rural areas, it also grew rapidly in urban areas.
    To prevent child labor and promote education, the Federal 
Government also continued to expand Bolsa Escola, its school stipend 
program. The program provided stipends of approximately $9 to $14 (25 
to 40 reais) to low-income rural and urban families for each child (up 
to a total of three children per family) between the ages of 6 and 15 
whose school attendance rate was 85 percent. Municipal governments had 
primary responsibility for day-to-day management of the program. At 
year's end, the program provided stipends to the mothers of 
approximately 810,000 children in more than 2,500 municipalities. In 
addition to the federal program, an estimated 100 municipal governments 
operated stipend programs.
    NGOs 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 more than 40 
institutional members from the Government and private sector, promoted 
debate and broad analysis of national child labor prevention efforts. 
In addition, the Centers for the Defense of Children and Adolescents 
were active in many parts of the country and reported violations of 
children's rights. The Pro-Child Institute, in Sao Paulo State, 
coordinated a labeling program to reduce instances of child labor in 
the footwear industry.
    The ILO's Program on the Elimination of Child Labor focused on 
capacity building, awareness raising, research promotion, 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 services 
(see Section 5).
    UNICEF supported more than 200 programs to improve the lives of 
children, remove them from exploitative work situations, and place them 
in schools, in part by providing scholarships to families and helping 
adults in those families find other forms of income generation.
    The private sector also played a 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 
initiatives through its awards programs for organizations, journalists, 
and mayors. 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.

    e. Acceptable Conditions of Work.--The national minimum wage did 
not provide a decent standard of living for a worker and family. The 
Government adjusts the minimum wage annually; in April, it was raised 
from approximately $86 to $93 (from 240 to 260 reais) a month. In 
December, the Government announced plans to raise the minimum wage to 
$107 (300 reais) a month in 2005. 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 time 
and a half pay; 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.
    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. Unsafe working 
conditions were prevalent throughout the country. During 2003, 
workplace accidents dropped slightly from 393,071, to 390,180, and 
deaths from accidents dropped from 2,898 in 2002 to 2,582 in 2003. 
Employees or their unions may file claims related to worker safety with 
regional labor courts, although this was frequently a protracted 
process.
    The law requires employers to establish internal committees for 
accident prevention in workplaces. It also protects employee members of 
these committees from being fired for their committee activities. 
However, such firings did occur, and legal recourse usually required 
years for a resolution. The MPT reported that numerous firms used 
computerized records to compile ``blacklists'' 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 a company committee for an immediate investigation.

                               __________

                                 CANADA

    Canada is a constitutional monarchy with a federal parliamentary 
form of government. Citizens periodically choose their representatives 
in free and fair multiparty elections. Elections were held on June 28, 
and the ruling Liberal Party, under Prime Minister Paul Martin, 
retained power, albeit in a minority government. The judiciary is 
independent.
    Federal, provincial, and municipal police forces have 
responsibility for law enforcement and maintenance of order. The newly 
organized Department of Public Safety and Emergency Preparedness is the 
cabinet ministry responsible for providing direction to the federal law 
enforcement and police agencies. The civilian authorities maintained 
effective control of the security forces. There were no reports that 
security forces committed human rights abuses.
    The country has a highly developed, market-based economy and a 
population of approximately 32.5 million. Real gross domestic product 
growth was estimated at 3.3 percent in 2003, and wages and benefits 
generally kept pace with inflation.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of 
addressing individual instances of abuse. However, there were problems 
in some areas, including sporadic incidents of excessive force by 
police, increased reports of anti-Semitic acts, and trafficking in 
persons. Incidents of violence against women declined 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.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    The media reported on several cases involving individuals who died 
after police used Taser guns while making the arrest. Although media 
reports initially speculated that Taser guns caused these deaths, 
subsequent reporting indicated that the cause of death in each of these 
cases was from drug overdoses, and police authorities were cleared of 
any wrongdoing.
    On January 23, a youth, in the custody of two court guards, died 
after he fell down a courthouse elevator shaft. A police spokesman 
stated the elevator car was not in place when the doors opened and the 
handcuffed boy stepped into the shaft, a claim the elevator 
manufacturer disputed. On July 21, police announced there was 
insufficient evidence to proceed with charges against the guards.
    On September 30, a member of the Royal Canadian Mounted Police 
(RCMP) was convicted of manslaughter for the 1999 killing of a prisoner 
that he had earlier arrested.

    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.
    During the year, police in Edmonton were accused of using excessive 
force when responding to minor infractions in the city's tourist 
district. Among other incidents, police allegedly knocked a man to the 
ground for jaywalking; repeatedly kicked a person for swearing at 
officers; and repeatedly hit a handcuffed person in the face.
    On September 24, an inquiry concluded that the Saskatoon Police had 
conducted an inadequate investigation into the circumstances of the 
death of an aboriginal teenager who was found frozen on the outskirts 
of Saskatoon in 1990. In November, the Saskatoon Police fired the two 
police offices who were involved in the case.
    In January, six Vancouver police officers who pleaded guilty in 
November 2003 to common assault were sentenced: Two officers were fired 
and given house arrest sentences of 60 and 30 days, two officers were 
given suspended sentences, and the charges against the remaining two 
officers were dropped.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers. 
Unlike in 2003, there were no reports of riots at prisons within the 
country.
    Prisons, both at the federal and local level, generally held men 
and women separately. In addition, juveniles were not incarcerated with 
adults, and pre-trial detainees were held separately from convicted 
prisoners.
    In January, the Canadian Human Rights Commission found that 
systemic flaws routinely eroded the human rights of women in prison and 
made 19 recommendations on how to fix discrimination on the basis of 
sex, race, and disability. Complaints from human rights activists 
focused on several problems: Women who were assigned to maximum 
security prisons often had mental health problems, did not have access 
to the services they needed, and often were segregated for months.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.
    The RCMP is a national, federal, provincial, and municipal policing 
body. It provides complete federal policing service throughout the 
country and also provides policing services under contract to the 3 
territories, 8 provinces (Quebec and Ontario have their own provincial 
police), and approximately 198 municipalities.
    A judge may issue a warrant after being satisfied that a criminal 
offense may have been committed. A person arrested for a criminal 
offense has the right to remain silent, to be informed as to the reason 
for the arrest, to engage a lawyer, and to have prompt access to family 
members. Bail generally was available.
    In December, a federal appeals court ruled that it is 
constitutional for the Government to imprison, without public trial, 
any non-citizen who poses a security threat. Cases are presented in 
secret to two cabinet ministers by intelligence or police agencies and 
then reviewed by a federal judge. The evidence is not shown to the 
detained individual. If the judge approves the ministers' 
recommendation, the individual may be imprisoned indefinitely, pending 
deportation proceedings. Since 1991, this procedure has been used 27 
times. At year's end, pursuant to this procedure, six individuals were 
incarcerated awaiting deportation.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right.
    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 Quebec Province, 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.
    Under the provisions of Ontario Province's 1991 Arbitration Act, 
the Islamic Institute of Civil Justice gained the right in 2003 to hold 
tribunals in which marriage, family, and business disputes can be 
settled according to Shari'a law. The tribunals are voluntary, and 
decisions must comply with the Charter of Rights and can be appealed to 
the court system.
    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.
    In June, the Supreme Court issued two rulings in response to 
several court challenges to the 2001 antiterrorism Security of 
Information Act that expanded police investigative and wiretapping 
powers. The Court ruled that witnesses must answer questions in special 
investigative hearings, while limiting the Government's ability to 
cloak these procedures in secrecy.
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 and did not restrict academic freedom. An 
independent press, an effective judiciary, and a functioning democratic 
political system combined to ensure freedom of speech and the press. 
The independent media were active and expressed a wide variety of views 
without restriction.
    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.
    Inciting hatred (in certain cases) or genocide is a criminal 
offense, but the Supreme Court has set a high threshold for such cases, 
specifying that these acts must be proven to be willful and public. The 
Broadcasting Act prohibits programming containing any abusive comment 
that would expose individuals or groups to hatred or contempt. 
Provincial-level film censorship, broadcast licensing procedures, 
broadcasters' voluntary codes curbing graphic violence, and laws 
against hate literature and pornography also imposed some restrictions 
on the media.
    The Human Rights Act prohibits repeated telephone communications 
that expose a person or group to hatred or contempt.
    On January 21, police officers searched the home of an Ottawa 
newspaper reporter and the offices of the newspaper itself in search of 
documents related to a Syrian-born Canadian citizen arrested abroad as 
a suspected terrorist. The reporter faced possible criminal charges 
under the anti-terrorism Security of Information Act. Although a court 
authorized the search, some members of the media and human rights 
groups raised concerns that it infringed on the Charter of Rights, 
which guarantees the freedom of the press.
    On August 26, the Canadian Radio-Television and Telecommunications 
Commission (CRTC) agreed to allow a Quebec City radio station to 
continue broadcasting, pending a court decision on whether the station 
can renew its license to broadcast. Since 1996, the general public has 
filed numerous complaints with the CRTC, alleging that announcers on 
the station used offensive comments, personal attacks, and harassment 
as part of their programming. The station portrayed the CRTC action as 
an attempt to curb the station's freedom of expression. The case 
prompted extensive media coverage in Quebec Province, and there were 
public demonstrations in support of the radio station in Quebec City 
and Ottawa.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly and association, and the Government generally 
respected these rights in practice.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    There is no official state religion, and religious groups are not 
required to register with the Government. Public funding for Roman 
Catholic schools is constitutionally protected in the country's 
original four provinces.
    In March, the Quebec Human Rights Commission ruled that a private 
school could not expel a Muslim student for wearing a hijab (head 
scarf) after a September 2003 incident in which a 16-year-old girl 
refused to remove her hijab. In August, the Government issued a 
statement assuring Muslims that their religious right to wear a hijab 
would be respected and protected when photographs are taken for the 
Canadian Permanent Resident card. The statement responded to complaints 
made by Muslim women who were told to remove their hijab at the Pierre 
Trudeau International Airport in Montreal.
    There were a number of reports of harassment of religious 
minorities.
    In the first 8 months of the year, the League for Human Rights of 
B'nai Brith received nearly 600 reports of anti-Semitism, compared with 
584 such reports in all of 2003. Incidents included harassment (66 
percent of incidents), vandalism of property (31 percent), and violence 
(3 percent). For example: On April 4, the library of a Jewish 
elementary school in Montreal was firebombed; the perpetrator was 
awaiting sentencing at year's end. On June 2, vandals overturned 20 
gravestones in the Beth Israel Cemetery in Quebec City. In December, 
the major windows of a synagogue in the Greater Toronto area were 
smashed. All levels of government reacted strongly to the incidents.
    There were 17 incidents of harassment of Muslim institutions and 
mosques, according to the Council of American-Islamic Relations Canada. 
The Government 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 2004 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 prohibits forced exile, and the Government did not use it.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees and asylum seekers. 
The Government also provided temporary protection to individuals who 
may not qualify as refugees under the 1951 Convention/1967 Protocol. 
The Government offered resettlement, and, at year's end, 27,290 refugee 
and asylum cases were pending.
    On March 16, the Government announced changes to the appointment 
process to the Immigration and Refugee Board (IRB) to eliminate 
political patronage, strengthen the criteria for appointment to the 
IRB, and increase parliamentary review. This action responded to public 
criticism that the acceptance rate of refugee claims varied widely 
between individuals members of the IRB and that some IRB members were 
unqualified to decide refugee claims.
    In 2002, 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. On March 4, the Office of the Public Safety 
Minister, reversing an IRB decision, ruled that a North Korean defector 
could remain in the country, reasoning that the individual would likely 
be tortured or killed if deported to North Korea.
    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 he appealed his deportation order to a 
Federal court in May.
    A safe country of transit agreement to return asylum applicants 
previously resident in the United States to that country for 
adjudication came into force on December 29.
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.
    On June 28, a general election was held, and the ruling Liberal 
Party maintained control of Parliament for the fourth consecutive 
election; however, the party did not win a majority of seats, and the 
country will have its first minority Government since 1979. The Liberal 
Party won 135 seats, the Conservative Party 99 seats, the Bloc 
Quebecois 54 seats, the New Democratic Party 19 seats, and Independent 
(non-party affiliated) 1 seat.
    Corruption in government was not considered a significant problem, 
as reflected in an independent assessment prepared by Transparency 
International. In February, a report by the Auditor General revealed 
that up to $80 million (Cdn 100 million) of the $200 million (Cdn 250 
million) authorized for government advertising in Quebec from 1996 to 
2001 was allocated to advertising firms that were allies of the Quebec 
branch of the ruling Liberal Party. The case prompted extensive media 
coverage throughout the country and tarnished the reputation of the 
Government. A government investigation continued at year's end.
    The Government has an access to information law that permits public 
access to government information by citizens and non-citizens, 
including foreign media. In January, the Government announced 
initiatives to improve transparency in government that included 
releasing on a quarterly basis the public expenditures of senior 
government officials.
    No laws limit the participation of women or minorities in political 
life. There were 65 women and 5 aboriginal (Inuit, North American 
Indian, or Metis) members in the 308-member House of Commons. There 
were 33 women and 5 aboriginal members in the 93-seat Senate (whose 
members are appointed by the Government, and not elected). Women held 8 
seats in the 39-person Cabinet. The Governor General and four of the 
nine members of the Supreme Court, including the Chief Justice, were 
women.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were very cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law 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 concern. Statistics Canada reported that 
there were 74.1 sexual assaults per 100,000 population in 2003, down 
from 78.1 in 2002. The direct medical costs of violence against women 
were estimated at $1.2 billion (Cdn $1.5 billion).
    The courts consider sexual abuse cases seriously, and those 
convicted face up to 10 years in prison. Sexual assaults involving 
weapons, threats, wounding, or endangerment of life carry longer 
sentences, up to life imprisonment.
    There were more than 500 shelters for abused women, providing both 
emergency care and long-term assistance. The Government has a Family 
Violence initiative that involves 12 departments, and a cabinet 
ministry, Status of Women Canada, that was charged with eliminating 
systemic violence against women and advancing women's human rights.
    In October, Amnesty International issued a report that charged that 
the Government failed to provide aboriginal women with adequate 
protection. The report stated that more than 500 aboriginal women had 
disappeared over the past 20 years, and the precarious social and 
economic status of aboriginal women pushed them into dangerous 
situations including poverty, homelessness, and prostitution.
    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.
    Women were trafficked for purposes of sexual exploitation (see 
Section 5, Trafficking).
    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 sexual abuse, harassment, and 
discrimination in the armed forces, and the Government established 
mechanisms to resolve complaints. An independent armed forces grievance 
board addressed such complaints.
    Women were 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.

    Children.--The Government demonstrated 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. 
UNICEF reported that 100 percent of elementary-age children attended 
school, and most children graduated from high school. Federal and 
provincial regulations protect children from abuse, overwork, and 
discrimination and penalize perpetrators of such offenses.
    There was no societal pattern of abuse of children. Cases of past 
institutional abuses of children (mostly orphans and aboriginal 
children) in residential homes remained the subject of continuing class 
action litigation and settlements. Approximately 1,000 cases have been 
settled; however, an estimated 12,000 remained outstanding.
    Children were trafficked for purposes of sexual exploitation (see 
Section 5, Trafficking).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, trafficking remained a problem. The law establishes criminal 
penalties of up to life in prison and fines of up to $800,000 (Cdn $1 
million) for convicted traffickers; however, no prosecutions have yet 
resulted from the legislation. On February 11, a Montreal court 
sentenced a man charged in 2002 (prior to passage of the new law) of 
being part of a prostitution ring, which involved girls as young as 14, 
to 3 years in jail.
    The Government has an interdepartmental working group, consisting 
of 17 departments and agencies and co-chaired by senior officials from 
the ministries of Justice and Foreign Affairs, to combat trafficking in 
persons. The RCMP was establishing a task force to investigate offenses 
related to trafficking in persons.
    On December 15, the Government revised immigration regulations that 
permitted the adult entertainment industry to utilize a blanket 
authorization to recruit foreign women to enter the country on 
temporary work visas to be employed as exotic dancers. Requests must 
now be considered individually. The Government acknowledged the 
possibility that some women hired under the earlier rules may have been 
suborned into the sex trade.
    The country was 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. In February, the RCMP 
conservatively estimated that annually 800 persons were trafficked into 
the country and 1,500 to 2,200 persons were trafficked into the United 
States.
    Thousands of persons entered the country illegally over the last 
decade. These persons came primarily from East Asia (particularly China 
and Korea, but also Malaysia), Central and South Asia, Eastern Europe, 
Russia, Latin America and the Caribbean (including Mexico, Honduras, 
and Haiti), and South Africa. Many of these illegal immigrants paid 
large sums to be smuggled to the country, were indentured to their 
traffickers upon arrival, 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 paid 
and that they did not inform the police. Asian women and girls who were 
smuggled into the country often were forced into prostitution. 
Traffickers used intimidation and violence, as well as the illegal 
immigrants' inability to speak English, to keep victims from running 
away or informing the police.
    Vancouver and Toronto served as hubs for organized crime groups 
that traffic in persons, including trafficking for prostitution. East 
Asian crime groups targeted the country, Vancouver in particular, 
exploiting immigration laws, benefits available to immigrants, and the 
proximity to the U.S. border. Police stated that the number of South 
Koreans involved in smuggling or trafficking activity had ``grown 
exponentially'' since the country removed its visa requirement for 
South Korea in 1994. On February 22, police and border officials 
arrested 10 South Koreans trying to cross the border into Montana; the 
individuals, who were apparently trafficking victims, had entered the 
country in Vancouver.
    Although the Government does not specifically provide funding for 
trafficking victims, such victims could access a number of programs and 
services, ranging from health care to legal assistance. Victims of 
trafficking also were eligible to apply for assistance from victims' 
assistance funds maintained by the provincial governments. Trafficking 
victims may apply for permanent residence under the ``humanitarian and 
compassionate'' provisions of the Immigration Act; however, some 
victims of trafficking were arrested and deported.
    The Government's Interdepartmental Working Group on Trafficking in 
Persons trained officials to increase awareness about trafficking. The 
Group also produced and distributed an anti-trafficking pamphlet to the 
country's diplomatic missions and to nongovernmental organizations 
(NGOs) with access to potential victims in source countries. In 
addition, the Government supported efforts by NGOs and community 
organizations to raise awareness of trafficking and funded academic 
studies of the problem.

    Persons With Disabilities.--There was no legal discrimination 
against persons with disabilities in employment, education, access to 
health care, or in the provision of other state services. Sexual 
exploitation of persons with disabilities in situations of dependency 
is a criminal offense. The law mandates access to buildings for persons 
with disabilities, and the Government generally enforced these 
provisions in practice.
    Persons with disabilities were underrepresented in the workforce.

    National/Racial/Ethnic Minorities.--The 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 lived and 
worked in the language of the majority. The provinces may grant French 
or English the status of an official language. 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 the country. 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 the country or in cases in which the father or the mother did most 
of his or her studies in English in the country.
    Provinces other than Quebec often lacked adequate French-language 
schooling and health services.

    Indigenous People.--The law recognizes three different groups of 
aboriginals: Indians (generally called First Nations), Inuit (formerly 
called Eskimos), and Metis (persons of mixed Indian-European ancestry). 
A September 2003 Supreme Court decision gave the Metis the same hunting 
rights as other aboriginal groups and marked the first time that Metis 
rights had been constitutionally defined. Aboriginals constituted 
approximately 2.8 percent of the national population and higher 
percentages in the country's three territories: Yukon, 20 percent; 
Northwest Territories, 62 percent; and Nunavut, 84 percent. 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. Aboriginals 
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 Constitution recognizes aboriginal rights, and the law 
specifically protects such rights, including those established by 
historical land claims settlements. Historical treaties with aboriginal 
groups in the eastern part of the country form the basis for the 
Government's policies there, but there were 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 Government's policy toward 
aboriginal rights, particularly land claims, has been linked closely to 
legal challenges, including 45 Supreme Court decisions.
    On April 19, the Government announced a series of steps designed to 
strengthen the relationship with the aboriginal leadership, including 
the creation of a report card to measure progress in key socioeconomic 
areas. On September 13, the Government undertook to provide $560 
million (Cdn $700 million) to encourage greater aboriginal 
participation in the health professions, to address chronic diseases 
such as diabetes, and to create an Aboriginal Health Transition Fund to 
adapt existing health care services to aboriginal needs.
    The Government continued the process of claim settlements. The 
Government also continued self-government negotiations with more than 
350 First Nations.
    In July, the Supreme Court announced that it would hear a case on 
the question of whether the Government violated aboriginal treaty 
rights in authorizing a road through the country's largest national 
park. The case, which was pending at year's end, raised the issue of 
whether treaty rights negotiated with aboriginal groups by the 
Government take precedent over environmental law and the regulatory 
power of the Government to manage a national park.
    A 2002 case brought by the Gitanyow, an indigenous group located 
near the Nisga'a people in northwestern British Columbia, who contended 
that a 2000 treaty awarded more than 85 percent of their traditional 
tribal lands to the Nisga'a, remained pending in the courts. However, 
the Gitanyow were negotiating their own treaty settlement and agreed 
not to pursue litigation while negotiations continued.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers in both the 
public (except armed forces and police) and the private sectors to form 
and join unions of their choice without previous authorization, and 
workers did so in practice.
    Trade unions are independent of the Government. Approximately, 29.5 
percent of the civilian labor force was unionized.

    b. The Right to Organize and Bargain Collectively.--All workers, 
except for those in the public sector who provide essential services, 
have the right to strike, and workers exercised this right in practice. 
The law prohibits employer retribution against strikers and union 
leaders, and the Government generally enforced this provision in 
practice. There are no export processing zones.
    Labor action, including strikes, occurred throughout the country 
during the year, including strikes against the Government by 
approximately 120,000 federal employees.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that such practices occurred (see Section 5).

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

    e. Acceptable Conditions of Work.--Each province and territory set 
minimum wage rates, which ranged from $4.72 to $6.40 (Cdn $5.90 to Cdn 
$8.00) per hour. Ontario and Alberta have a minimum wage rate for 
youths lower than their respective minimums for adult workers. The 
minimum wage did not provide a decent standard of living for a worker 
and family, and a family whose only employed member earns the minimum 
wage would fall below the poverty line.
    Standard work hours vary from province to province, but in all 
provinces the limit is 40 or 48 hours per week, with at least 24 hours 
of rest. The law requires payment of a premium for work above the 
standard workweek.
    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 monitored and enforced 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.

                               __________

                                 CHILE

    Chile is a multiparty democracy with a constitution that provides 
for a strong executive, a bicameral legislature, and a separate 
judiciary. The Constitution written under the former military 
government retains certain institutional limits on popular rule. Some 
amendments to remove these limits were under review by the Congress at 
year's end. In January 2000, voters elected Ricardo Lagos of the 
Socialist Party as president in a free and fair runoff election. The 
judiciary is independent.
    The armed forces are constitutionally subordinate to the President 
through an appointed civilian Minister of Defense but enjoy a large 
degree of legal autonomy. 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) and the civilian Investigations Police are under the 
operational control of the Ministry of Interior and were responsible 
for law enforcement and maintenance of order. A National Intelligence 
Agency was formed, also under the Ministry of the Interior, to 
coordinate intelligence-gathering and analysis functions. Civilian 
authorities maintained effective control of the security forces. Some 
members of security forces committed human rights abuses.
    The economy was export-led and market-based; services and resource-
based industry were the major sectors. The population was approximately 
15.2 million, and real economic growth was estimated at 5.8 percent. 
Wages and benefits slightly outpaced inflation, but unemployment 
remained above 9 percent. Copper remained the most important export; 
salmon, forest products, fresh fruit, wine, fishmeal, other minerals, 
and manufactured goods also were significant sources of foreign 
exchange.
    The Government generally respected the human rights of its 
citizens; however, problems remained in some areas. There were isolated 
reports of excessive use of force and mistreatment by police forces, 
and physical abuse in jails and prisons. Prisons often were overcrowded 
and antiquated. Detainees often were not advised promptly of charges 
against them nor granted a timely hearing before a judge. Anti-
defamation laws were applied against journalists and authors. Domestic 
violence against women and violence against children continued to be 
serious problems. Some trafficking of persons to, from, and within the 
country reportedly occurred. Indigenous people remained marginalized, 
and human rights observers questioned the Government's application of 
the anti-terrorist law to indigenous activists. Child labor was a 
problem in the informal economy.
    The Government, primarily the judiciary, continued to investigate 
human rights abuses committed during the former military government 
and, in several cases, passed sentence on those found guilty. In 
August, the Supreme Court upheld an Appeals Court decision to lift 
former President Pinochet's judicial immunity, and, on December 13, a 
judge indicted Pinochet for crimes committed as part of ``Operation 
Condor'' in the 1970s. Pinochet's defense immediately filed motions to 
dismiss on health, mental capacity, and technical grounds. The case 
remained pending at year's end. Constitutional reforms removing certain 
constitutional limits on popular rule passed the Senate and were being 
considered in the Chamber of Deputies 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 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 unlawful killings due to excessive use of force or 
mistreatment of prisoners while in custody, remained under 
investigation or pending resolution of appeals.
    In January, Judge Raul Mera began questioning active and retired 
police officials in the 1988 deaths of Raul Pellegrini and Cecilia 
Magni, members of the Manuel Rodriguez Patriotic Front. The case had 
been declared closed twice due to lack of evidence.
    The Supreme Court reaffirmed its position 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 
had been clarified and the guilty party identified. Courts prosecuted a 
number of cases based on plaintiffs' arguments that the abduction of 
political prisoners constituted an ongoing crime, not covered by 
amnesty, unless the subsequent execution of the subject could be 
established concretely by identification of remains. The State Defense 
Council (CDE) stated that this interpretation undermines the Amnesty 
Law, that kidnapping cannot be classified as a permanent or ongoing 
crime indefinitely, and that judges should end this legal subterfuge 
and establish a presumption of homicide by other reasonable means. The 
CDE opinion was not binding, and the Supreme Court has subsequently 
upheld convictions based on indefinite kidnapping.
    The judiciary continued to investigate human rights abuses 
committed during the former military government and, in several cases, 
passed sentence on those found guilty. According to the Vicariate of 
Solidarity (a foundation linked to the Archdiocese of Santiago), at 
year's end, there were 373 former officials (mostly military officials 
but including some civilians) charged and under investigation for human 
rights violations against 642 victims; press reports indicated that, at 
year's end, 46 former security forces and 19 civilians had been 
convicted of human rights violations and sentenced.
    On August 26, the Supreme Court upheld a May decision by the Court 
of Appeals to lift former President Pinochet's judicial immunity. On 
December 13, investigating judge Juan Guzman charged President Pinochet 
with nine kidnappings and one homicide committed as part of ``Operation 
Condor'' in the 1970s. Pinochet's defense immediately appealed, and the 
case remained pending at year's end.
    The Foundation for Social Help of Christian Churches (FASIC), the 
Corporation for the Promotion and Defense of Human Rights of the People 
(CODEPU), and other human rights organizations have several denial of 
justice cases pending before the Inter-American Commission on Human 
Rights regarding previously closed disappearance and execution cases. 
Denial of justice cases based on application of the Amnesty Law also 
remained pending with the U.N. Commission on Human Rights.
    The case of Spanish citizen Carmelo Soria, killed in Santiago in 
1976, remained under investigation by a judge in the Sixth Criminal 
Court of Santiago.
    Judge Alejandro Solis continued an investigation of the case of 
four retired generals and a civilian indicted in 2003 for the 1974 car 
bombing in Buenos Aires of former Chilean Army commander Carlos Prats. 
On March 15 and 24, the Court of Appeals reversed a January 29 Court of 
Appeals decision denying parole to two retired Army officials indicted 
in the Prats case and set the former officers free on bail. A request 
from Judge Solis to lift former President Pinochet's immunity in the 
Prats case was pending with the Santiago Court of Appeals at year's 
end.
    The investigation into the case of retired security officer Rafael 
Gonzales, charged with the 1973 killing of U.S. citizen Charles Horman, 
remained open. Gonzales was free on bail at year's end.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In 2002, the Ministry of Justice authorized 20 judges to dedicate 
their time exclusively to historic cases of disappearances and another 
51 judges to give preference to the investigation of such cases. At 
year's end, 373 former officials (mostly military officials but 
including some civilians) were charged and under investigation for 
human rights violations against 642 victims, and 14 officials had been 
sentenced by mid-July.
    There were no further developments in the investigations of 
military-era detentions and disappearances of persons at Colonia 
Dignidad, a German-speaking settlement 240 miles south of Santiago. 
Paul Schaefer, founder of the settlement and wanted on charges 
including the 1994 kidnapping and disappearance of Alvaro Vallejos, 
remained a fugitive. Schaefer's deputy Gerhard Muecke, arrested in 2000 
in connection with Vallejos' disappearance, was reportedly free on bail 
pending trial.
    The investigation into the 1985 disappearance of American citizen 
Boris Weisfeiler near Colonia Dignidad remained open at year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, CODEPU 
still received isolated reports of abuse and mistreatment by the 
Carabineros, the Investigations Police, and prison guards.
    Few reports of abuse or mistreatment led to convictions. Cases of 
military and police abuse typically were processed in military, rather 
than civilian courts, a situation which was denounced by human rights 
nongovernmental organizations (NGOs) (see Section 1.e.). CODEPU was 
unaware of any case in which a member of the military or police had 
been convicted on abuse charges.
    Unlike in the previous year, there was no report of the 
mistreatment of military conscripts. The Military Justice investigation 
of the June 2003 death of conscript Raul Aedo Campos was closed.
    During the year, there were instances of violent confrontations 
between Mapuche groups and local landowners, logging companies, and 
government authorities in the southern part of the country. The actions 
took the form of protests and, occasionally, instances of rock 
throwing, land occupations, and burning of crops or buildings. Several 
Mapuches were arrested in connection with acts of violence, and, in 
March, 16 Mapuches were charged with ``illicit terrorist association'' 
based upon the Government's invocation of the Anti-terrorist Law (see 
Section 5). On November 4, eight individuals were acquitted; four were 
released, the other four were remanded to police custody to continue 
serving sentences for prior convictions. Eight others refused to appear 
for trial and remained at-large and sought by authorities at year's 
end.
    Prison conditions generally were poor. Prisons often were 
overcrowded and antiquated, with sub-standard sanitary conditions. 
According to the Ministry of Justice, there were approximately 37,000 
prisoners in prisons designed to hold 23,025 inmates. Criminal and 
administrative investigations of the September 2003 fire in El Manzano 
prison facility in Concepcion, which caused 9 deaths and injured 18, 
continued at year's end. Another non-fatal fire occurred at the same 
facility in March. In its September report on the fire to the Chamber 
of Deputies Committee on Human Rights, the Gendarmeria stated that it 
had invested more than $2.1 million (1.25 billion pesos) to equip 
national prison system facilities with fire fighting equipment. The 
Gendarmaria instituted fire-fighting training for prison guards and 
emergency response plans that it claimed have cut response time to fire 
and medical emergencies in half.
    Food in prisons met minimal nutritional needs, and prisoners were 
able to supplement their diets by buying food. Those with sufficient 
funds often could ``rent'' space in a better wing of the prison.
    Although most analysts stated that guards generally behaved 
responsibly and did not mistreat prisoners, prisoners registered 
complaints with CODEPU and the courts about beatings and mistreatment 
of prisoners. An Amnesty International (AI) April 2003 prison visit 
report recorded similar complaints and noted that overcrowding in 
prison facilities led to torture and ill-treatment. Prisoners accused 
guards of using excessive force to stop attempted prison breaks.
    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. CODEPU was 
investigating eight such complaints at year's end. 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 interrogations and 
represented some persons charged with terrorist acts in court. CODEPU 
continued to investigate alleged use of excessive force against 
detainees and particularly was concerned with the treatment of 
prisoners in maximum-security prisons and prisoners with HIV/AIDS and 
mental disabilities who allegedly failed to receive adequate medical 
attention.
    In isolated instances, prisoners died due to lack of clear prison 
procedures and insufficient resources in the prisons. In March, in San 
Miguel Prison, Hernan Zuleta Sanchez experienced abdominal pains but 
did not receive timely or appropriate treatment, was placed in solitary 
confinement, and died early the following day from a burst hernia.
    Women generally were held in separate facilities, which tended to 
be less crowded and with comparatively better conditions than prisons 
for men.
    The law requires that juvenile offenders (those under the age of 
18) be held separately from adult prisoners. A Diego Portales 
University study reported that, in May, the Gendarmeria moved juvenile 
offenders from the South Santiago prison for men to a reserved section 
of the Santiago women's prison, and two new juvenile detention centers 
were opened.
    Pretrial detainees generally were not held with convicted 
prisoners.
    The Government permitted prison visits by independent human rights 
observers, and such visits took place, including regular visits by 
Catholic and Protestant clerics and Paternitas, a family-assistance 
NGO. AI and the International Committee of the Red Cross were also 
granted access to facilities and prisoners.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these provisions. Only public officials expressly authorized by law can 
arrest or detain citizens. The courts must be advised within 48 hours 
of the arrest and the detainee placed at a judge's disposition. No one 
can be held or detained except in their home or a public facility 
designed for that purpose.
    The 27,000-member Carabinero force has primary responsibility for 
public order, safety, traffic control, and border security. The 
civilian Investigations Police, composed of approximately 3,600 
detectives, is responsible for criminal investigations and immigration 
control. The Investigations Police, while under the operational 
jurisdiction of the Ministry of Interior, receive guidance from the 
prosecutor or judge responsible in a criminal investigation. The police 
force had an extremely low incidence of corruption. Police, prison 
guards, and officials take courses in human rights, which are part of 
the core curriculum in the police and military academies.
    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 Constitution 
allows judges to set bail. Provisional liberty must be granted unless a 
judge decides that detention is necessary to the investigation or for 
the protection of the prisoner or the public.
    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. Regular visits by family 
members are allowed.
    The law requires that police inform detainees of their rights and 
expedite notification of the detention to family members; it also 
prohibits police from demanding identification from or stopping persons 
based solely on suspicion and prohibits physical abuse by police 
against detained persons (see Section 1.c.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary has civil, criminal, juvenile, and labor courts of 
first instance throughout the country. There are 16 courts of appeal, 
at least 1 in every region. The Santiago and Valparaiso courts of 
appeal have several chambers that tend to specialize in a specific area 
of the law. The 21-member Supreme Court is the court of final appeal. A 
constitutional tribunal decides whether laws or treaties present 
conflicts with the Constitution. There is also a Court Martial and 
Naval Court Martial.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. An office of 
Public Defender provides professional legal counsel to anyone seeking 
such assistance. The judicial reform law, which was applied everywhere 
except in the Santiago greater metropolitan region, provides that 
national and regional prosecutors investigate crimes and formulate 
charges, leaving judges the narrower function of weighing the merits of 
evidence presented to them. Under the new system, three judge panels 
form the court of first instance. In the Santiago metropolitan region, 
which was expected to adopt the reform law in June 2005, criminal 
proceedings remained inquisitorial rather than adversarial. Under the 
inquisitorial system, a single judge investigates, formulates charges, 
takes written testimony, and issues rulings. Five-judge panels hear 
appeals. Under judicial reform, trials are public; under the 
inquisitorial system, criminal proceedings and most other proceedings 
were not public due to the written nature of the procedure. However, 
court records, rulings, and findings were generally accessible to the 
public.
    The Constitution provides for the right to legal counsel, but 
indigent defendants, who account for the majority of the cases in the 
Santiago region, did not always receive effective legal representation. 
They usually were represented by someone from the Government's legal 
assistance corporation, who was sometimes a law student finishing 
studies under the supervision of one of the corporation's lawyers. 
Defendants have a right of appeal. The judicial reform law establishes 
a presumption of innocence, which the old system does not explicitly 
provide.
    If formal charges are filed in civilian courts against a member of 
the military, including the Carabineros, the military prosecutor can 
ask for jurisdiction, which the Supreme Court sometimes has granted. 
This was of particular consequence in human rights cases from the 
period covered by the Amnesty Law, since military courts were 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 also were brought before military 
tribunals.
    Civilians prosecuted in military courts have the same legal 
protections as those prosecuted in civilian courts. 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 the Supreme Court 
ultimately may hear appeals. The primary difference in the military 
court system is that a military prosecutor brings the initial charges 
and conducts the investigation, and the first instance of appeal is in 
a Court Martial, composed of two civilian and three military judges.
    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, claimed to be political prisoners. 
In August, the Senate passed a law granting amnesty to 32 of these 
individuals, freeing those convicted on arms infractions or for illicit 
terrorist association after 1990.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice, subject to significant legal 
restrictions. The Government did not restrict academic freedom.
    Human rights groups and press associations criticized the existence 
and application of laws that prohibit insulting state institutions, 
including the presidency and legislative and judicial bodies, and that 
allow government officials to bring charges against journalists who 
insult or criticize them. Military courts may 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.). Media 
and individuals can also be sued for libel. In July, a Senator filed a 
civil suit for damages against the Channel 13 television station and 
several individuals for airing a television interview naming him in the 
sexual abuse of a minor. The case was pending at year's end.
    The Penal Code prohibits the surreptitious taping or recording of 
private conversations. A 2003 case involving the first application of 
the law remained pending at year's end.
    Two major media groups controlled most of the print media, which 
largely were independent of the Government. The Government was the 
majority owner of La Nacion newspaper, but its editorial content was 
not under direct government control.
    The broadcast media generally were independent of direct government 
influence. The Television Nacional network is state-owned but not under 
direct government control. It received no government subsidy and was 
self-financed through commercial advertising, editorially independent, 
and governed by a board of directors appointed by the President and 
approved by the Senate.
    The government-funded National Television Council (CNT) was 
responsible for assuring that television programming ``respects the 
moral and cultural values of the nation.'' The CNT's principal role was 
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, have obscene language, or have 
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 difficult. The CNT occasionally levied 
fines.
    The courts may prohibit media coverage of investigations in 
progress but did so rarely.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Church and State officially are separate; however, the Roman 
Catholic Church continued to receive some preferential treatment. All 
denominations practiced their faiths without restriction.
    The law allows, but does not require, religious entities to 
register as not-for-profit corporations, with attendant tax benefits. 
The law grants non-Catholic religions the right to have chaplains in 
public hospitals, prisons, and military units; however, some leaders of 
the country's Protestant churches (accounting for more than 15 percent 
of the population) cited the absence of Protestant armed forces 
chaplains, difficulties for pastors to visit military hospitals, and 
the predominantly Catholic religious education in public schools as 
examples of discrimination.
    Schools were required to offer religious education twice a week 
through middle school; however, enrollment in religious classes was 
optional. The creed requested by parents was supposed to be taught, 
although enforcement was sometimes lax. Instruction was predominantly 
in the Roman Catholic faith.
    A government challenge to the registration of the Unification 
Church under new regulations remained pending in the Santiago Court of 
Appeals at year's end.
    For a more detailed discussion, see the 2004 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 prohibits forced exile, and it was not used.
    The law includes provisions 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, and the Government established 
a system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees and asylum seekers. By 
year's end, 568 persons residing the country had recognized refugee 
status. The Government also provided temporary protection to 85 
individuals who may not qualify as refugees under the 1951 Convention/
1967 Protocol. These individuals were eligible for government-funded 
health care and education while awaiting adjudication, and were 
supported by the UNHCR and other organizations.
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 2000, voters elected Ricardo Lagos of the 
Socialist Party as president in a free and fair runoff election. 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 1980 Constitution, as amended in 1989, includes provisions 
designed to protect the interests of the military and places limits on 
majority rule. It provides that various national institutions--
including the President, the Supreme Court, and the National Security 
Council (the latter acting on nominations by the armed forces)--may 
appoint an additional nine senators (beyond those elected) to 8-year 
terms and that former presidents have an option to become senators for 
life, a position that former President Frei occupied. Former President 
Pinochet resigned his Senate seat in 2002.
    In October, the Senate passed constitutional reforms striking 
provisions that limited the President's right to remove the commanders 
in chief of the three armed services and the Carabineros, removing all 
non-elected senators as of 2006, reducing the Presidential term of 
office from 6 to 4 years, and making the National Security Council a 
purely advisory body. At year's end, these provisions were pending 
approval in the Chamber of Deputies.
    Transparency International's annual corruption index recorded that 
the public perceived the country as relatively free of corruption, 
although such perceptions were somewhat affected by lingering reports 
of government financial scandals and the revelation of former President 
Pinochet's secret bank accounts abroad. In May, almost 20 months after 
bribery charges first were brought, the judge in charge of the 
investigation convicted President Lagos' former Undersecretary of 
Transportation, 3 deputies from the government coalition, a former 
Chief of Cabinet from the Ministry of Public Works, and 3 businessmen 
from Rancagua and sentenced them to prison terms ranging from 21 days 
(suspended) to 3 years and 1 day and levied fines ranging from 
approximately $1,750 to $63,250 (1 million to 36 million pesos) for the 
crimes of bribery and subornation. Appeals to the Supreme Court 
remained pending at year's end. A judicial investigation into 
allegations of Ministry of Public Works involvement in a broader 
kickback scheme continued at year's end.
    The country's Freedom of Information Act requires the Government 
and its agencies to make all non-classified information about their 
activities available to the public. The Controller General has noted an 
increasing tendency for agencies to classify information and has issued 
guidelines limiting what information should be restricted. All 
government ministries and most public agencies have web pages, although 
the amount of information available online varied widely.
    There were no impediments to women's participation in government 
and politics. There were 15 women in the 120-seat Chamber of Deputies, 
2 women in the 48-seat Senate, and 3 women in the 16-member cabinet.
    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 acknowledged indigenous descent. 
There was one cabinet minister of indigenous origin who resigned to run 
in the municipal elections.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
    Several human rights NGOs faced difficulties, due to limited 
sources of funding. The Chilean Human Rights Commission, an NGO, is 
affiliated with the International League of Human Rights. FASIC 
continued to be active on a range of human rights issues and tracked 
the status of many human rights cases, particularly those involving the 
military. CODEPU again operated at greatly reduced levels of activity 
during the year due to a lack of resources. Many international NGOs 
also followed human rights issues closely.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equality before the law, and the 
Government generally respected these provisions. The Labor Code 
prohibits discrimination based on race, color, sex, age, nationality, 
national origin, or social status; however, such discrimination 
occurred in practice.

    Women.--Domestic violence against women was a serious problem. A 
2001 University of Chile study, the most current available, indicated 
that more than half the women in the country had experienced violence 
in their relationship with their partner. The study estimated that 34 
percent of women had been subjected to physical violence (of which 15 
percent was sexual violence), and another 16 percent had suffered 
psychological violence.
    The courts may order counseling for those involved in intra-family 
violence. At year's end, there were 17 government and 8 private centers 
to attend to victims of intra-family violence. An awareness program to 
prevent intra-family violence in the country's 13 regions reached 3,000 
social workers, 2,000 families, and 2,500 young adults. During the 
year, the National Women's Service (SERNAM) together with other NGOs 
conducted courses on the legal, medical, and psychological aspects of 
domestic violence for police officers and judicial and municipal 
authorities.
    Rape is a criminal offense. The age for statutory rape was raised 
from 12 to 14. The law protects the privacy and safety of the person 
making the charge. SERNAM's latest statistics indicated that 859 cases 
of rape were reported to the police in the first half of 2003. This 
number did not include other forms of sexual violence or abuse. Experts 
believed that a majority of rape cases went unreported.
    The Ministry of Justice and the Investigative Police had several 
offices specifically to provide counseling and assistance in rape 
cases. A number of NGOs, such as La Morada Corporation for Women, 
provided counseling for victims of rape.
    Adult prostitution is legal; however, police often detained 
prostitutes (usually as a result of complaints by residents of the 
neighborhood) on charges of ``offenses against morality,'' which could 
lead to a $70 (50,000 pesos) fine or 5 days in prison. Procurement or 
pandering is illegal and punishable under law. Inducing a minor (below 
age 18) to have sex in exchange for money or other favors is illegal; 
punishment ranges from 3 to 20 years in prison and a $1,000 (612,000 
pesos) fine depending on the age of the minor.
    Laws passed in December 2003 specifically targeted child 
pornography and cyberporn, substantially increasing penalties for these 
activities. The Investigations Police has a Sexual Crimes Brigade 
charged with investigating and prosecuting pedophilia and child 
pornography cases.
    There were no laws against sexual harassment, although it generally 
was recognized as a problem. A SERNAM study in the Greater Santiago 
area estimated that 11.8 percent of female employees suffered some form 
of sexual harassment. In industrial and service sectors, more than 20 
percent of female employees reported some form of sexual harassment, 
and a third of female office employees reported harassment. More than 
half of those interviewed for the study, both male and female, said 
that sexual harassment in the workplace was frequent or very frequent. 
Legislation that would provide specific protections against sexual 
harassment was pending in Congress at year's end.
    Women enjoy the same legal rights as men. In November, a Law on 
Civil Marriage entered into force that allows for civil divorces, 
although it still imposes lengthy waiting periods between filing for 
divorce and issuance of a final decree.
    A 2001 SERNAM study found that in 1999 the average earnings of 
women were 77 percent of those of male heads of household. The minimum 
wage for domestic helpers, probably the largest single category of 
working women, was only 75 percent of the standard minimum wage (see 
Section 6.e.). Women with university education earned 60 percent of 
what their male counterparts did. A study during the year suggested 
that the overall income gap remained at 24 percent in 2003. The Labor 
Code provides specific benefits for pregnant workers and recent 
mothers, including a prohibition against dismissal; these also apply to 
domestic workers. Employers may not ask women to take pregnancy tests 
prior to hiring them, although La Morada received reports that the 
practice continued in some companies.
    There were 25 registered NGOs working on women's issues. The top 
five were La Morada, Study Center for Women's Development (CEDEM), the 
Women's Institute (Instituto de la Mujer), Movement pro-Chilean Women 
Emancipation (MEMCH), and Information and Communication among Women 
Service (ISIS International). La Morada engaged in political activism 
aimed at overcoming gender discrimination by modifying sexist political 
and cultural patterns. CEDEM worked in rural areas and provided 
training and consulting to different women's organizations to implement 
social and economic development programs. The Women's Institute 
advocated for women's rights and political participation. MEMCH 
promoted personal development of women. ISIS International coordinated 
a network of women's organizations devoted to defending and promoting 
women's rights.

    Children.--The Government is committed to children's rights and 
welfare.
    Education is universal, compulsory, and free from first through 
twelfth grade. In 2002, the median level of education was 10 years but 
varied regionally and across age groups. Three-quarters of the 
population had completed primary education (8 years), 61 percent had 
secondary education (12 years), and 17 percent had university or 
advanced technical education.
    The Government provided basic health care through a public system, 
which includes regular checkups, vaccinations, and emergency health 
care. Boys and girls had equal access to medical health care.
    Violence against children was a serious problem. A 2003 study by 
the Citizens' Peace Foundation indicated that 60 percent of 2,150 
children between the ages of 7 and 10 surveyed had suffered some type 
of aggression against them or their belongings either inside or outside 
their homes.
    The National Minors Service (SENAME) noted that, in the first 6 
months of 2003, it had handled 28,642 cases of mistreated children; 
4,158 of these cases involved sexual abuse or grave physical harm. 
SENAME lawyers received specialized training in child abuse cases.
    Child prostitution was a problem (see Section 5, Trafficking).
    Child labor in the informal economy was a problem (see Section 
6.d.).

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and persons may have been trafficked to, from, 
and within the country.
    The law criminalizes promoting the entry into or exit from the 
country of persons for the purpose of facilitating prostitution, with 
penalties of up to 3 years in prison and a fine of $600 (430,000 
pesos). Sanctions are increased in a number of circumstances, including 
cases in which the victim is a minor; in which violence or intimidation 
is used; deception or abuse of authority is involved; the victim is 
related or under the tutelage of the perpetrator; or advantage is taken 
of a victim's circumstances or handicap. The Penal Code criminalizes 
the prostitution of children and corruption of minors, and the age of 
consent for sexual relations is 14 years. A 2003 law criminalizes 
obtaining sexual services from a minor in exchange for money or other 
considerations.
    The Government was investigating several cases of commercial sexual 
exploitation, most of which involved small local groups or individuals 
acting alone; however, there were no convictions.
    There were no statistics available on the extent of trafficking. 
There are laws controlling migration, criminalizing sexual trafficking 
and regulating working conditions, but no integrated legislation or 
designated lead agency on trafficking in persons. A 2003 study 
conducted by SENAME and Arcis University concluded that more than 3,700 
children and adolescents had been the victims of commercial sexual 
exploitation in 2002-03, but many knowledgeable observers considered 
that number too low.
    Within the country, victims reportedly were trafficked from rural 
areas to such urban areas as Santiago, Iquique, and Valparaiso. Law 
enforcement authorities stated that victims were trafficked to 
neighboring countries (Argentina, Peru, and Bolivia), the United 
States, Europe, and Asia. Victims reportedly entered the country from 
Peru, Argentina, and Bolivia, although it was difficult to distinguish 
trafficked persons from economic migrants.
    Anecdotal reports suggested that young women were the primary 
targets for trafficking to other countries. Traffickers reportedly used 
newspaper advertisements for models and product promoters to lure 
girls, age 11 to 17, into the sex trade. Law enforcement agencies 
indicated that traffickers looking for children also targeted 
economically disadvantaged families, persuading the parents that they 
were giving the child an opportunity for a better life.
    The Government employed various measures to educate the general 
population on trafficking. The SENAME, the ministries of Government and 
Health, and other government agencies formed the Protect Network to 
offer public awareness and education campaigns to prevent sexual 
violence and abuse, although none was focused specifically on 
trafficking. Nearly 80 percent of SENAME's budget supported NGO 
programs, particularly those that work with street children. 
Organizations such as Mother's Centers and SENAME also offered support 
programs to prevent trafficking.

    Persons With Disabilities.--The law promotes the integration of 
persons with disabilities into society, and the Government's National 
Fund for the Handicapped had a small budget to encourage such 
integration; however, persons with disabilities still suffered some 
forms of legal discrimination. Although the law mandates access to 
buildings for persons with disabilities, by year's end, 74 percent of 
the buildings in the country failed to meet that requirement (79 
percent in the Santiago metropolitan area). The public transportation 
system did not provide for wheelchair access, and subway lines in the 
Santiago metropolitan area provided facilitated access for persons with 
disabilities only in some areas.

    Indigenous People.--The 2002 census recorded that there were 
approximately 692,000 self-identified people of indigenous origin (4.6 
percent of the total population). The Mapuches, from the south, 
accounted for approximately 85 percent of this number. There were also 
small Aymara, Atacameno, Rapa Nui, and Kawaskhar populations in other 
parts of the country. Indigenous leaders contended that the census 
underreported the number of indigenous people.
    The law gives indigenous people a voice in decisions affecting 
their lands, cultures, and traditions and provides for eventual 
bilingual education in schools with indigenous populations. 
Approximately one-half the population that identifies itself as 
indigenous remained separated from the rest of society, largely due to 
historical, cultural, educational, and geographical factors. In 
practice, both internal factors and governmental policies limited the 
ability of indigenous people to participate in governmental decisions 
affecting their lands, cultures, traditions, and the allocation of 
natural resources. Indigenous people also experienced some societal 
discrimination.
    The National Corporation for Indigenous Development, which included 
directly elected indigenous representatives, advised and directed 
government programs to assist the economic development of indigenous 
people. Congress did not act on recommendations made in October 2003 by 
the Commission for Truth and New Treatment to recognize indigenous 
people in the Constitution and mandate indigenous representation in the 
Congress and local governing bodies.
    Land occupations and other acts of violence by Mapuche groups 
sharply decreased from previous years (see Section 1.c.). The 
authorities tried many of those charged with attacks on property under 
anti-terrorist legislation.
    In October, Human Rights Watch issued a report that criticized the 
Government for prejudice in applying the Anti-terrorist Law to Mapuche 
activists, citing the law's restriction of due process and harsher 
penalties for crimes already covered under the Civil Code. The report 
also alleged excessive use of police force against Mapuche activists 
and called for an end to the practice of trying civilian-related cases 
(assault and police brutality) in military tribunals. In 2003, the U.N. 
Special Rapporteur for the Human Rights and Fundamental Liberties of 
Indigenous People reported on the economic and social marginalization 
of indigenous communities and the criminalization of indigenous social 
protest movements by means of the application of the Anti-terrorist 
Law. The Rapporteur recommended the judicial review of cases affecting 
Mapuche leaders. By year's end, the Government had taken no action 
explicitly responding to the Report.
    In March, the Government charged Aniceto Norin Catriman and Pascual 
Pichon Paillalao, Mapuche community leaders, and Patricia Troncoso, a 
supporter of the movement, with offenses under the Anti-terrorist Law. 
The initial trial absolved all three defendants due to a lack of 
evidence. In a September retrial ordered by the Supreme Court, the two 
men again were found innocent of the charge of ``terrorist arson'' but 
sentenced to 5 years and 1 day of prison for terrorist threats. 
Patricia Troncoso was absolved of all charges.
    A 2003 court martial dropped charges against a Carabinero major of 
unnecessary violence in connection with the 2002 killing of a Mapuche 
activist.
Section 6. Worker Rights
    a. The Right of Association.--Workers have the right to form and 
join unions without prior authorization, and approximately 10 percent 
of the total work force (estimated at 5.9 million) was unionized. 
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 law protects workers against employer anti-union discrimination 
and sets fines for unfair labor practices (from roughly $500 (300,000 
pesos) to $7,800 (4.5 million pesos). Employers must reinstate 
employees fired for union activity. Fired workers can choose between 
reinstatement or a court-determined severance package of up to 11 
months' pay.

    b. The Right to Organize and Bargain Collectively.--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 
modification of the Labor Code contains reforms aimed at facilitating 
collective bargaining in the agricultural sector but it remained 
dependent on employers agreeing to negotiate. Inter-company unions were 
permitted to bargain collectively only if the individual employers 
agreed to negotiate under such terms.
    Employees in the private sector have the right to strike; however, 
the Government regulated this right, and there were some restrictions.
    The law permits replacement of striking workers, subject to the 
payment of a penalty that is distributed among the strikers. Public 
employees 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 show cause and pay severance 
benefits to dismiss striking workers.
    Labor laws applied in the duty free zones; there were no export 
processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
the Labor Code prohibit forced or compulsory labor, and there were no 
reports that such practices occurred. The Labor Code does not 
specifically prohibit forced or compulsory labor by children, and child 
prostitution was a problem (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law restricts child labor; however, it was a problem in the informal 
economy. The law provides that children between the ages of 15 and 18 
may work with the express permission of their parents or guardians, but 
they must attend school, and 15-year-olds only may 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. In April, the Ministry of Labor and the International 
Labor Organization completed and released the first National Survey on 
Children and Adolescent Activities. The Survey revealed that, as of 
February 2003, approximately 200,000 children between the ages of 12 
and 19 worked; that 3 percent of all children and adolescents (107,680) 
worked under unacceptable conditions; that, among working children, 
those between the ages of 5 and 14 worked an average of 18.5 hours a 
week; and that adolescents worked an average of 39.5 hours. Children 
sold chewing gum on the street, washed windshields, worked as street 
performers, begged, or helped their parents to harvest crops. There 
were 189 registered cases of the worst forms of labor, 70 percent of 
which affected teenage boys between the ages of 15 and 18.
    SENAME, in coordination with labor inspectors, has a system for 
identifying and assisting children in abusive or dangerous situations. 
The Ministry of Labor convenes regular meetings of a tripartite group 
(business-labor-government) to monitor progress in eradicating child 
labor. SENAME has 2 programs for exploited child workers in Santiago 
and 1 in Valparaiso, serving roughly 200 children a year.

    e. Acceptable Conditions of Work.--The minimum wage is set by law, 
and is subject to adjustment 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 $196 
(120,000 pesos), a 3.8 percent nominal increase from the previous year. 
This wage, designed to serve as the starting wage for an unskilled 
single worker entering the labor force, 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 law sets hours of work. The legal workweek is 6 days or 48 
hours. Rule changes mandated reduction of the workweek to 45 hours 
beginning January 1, 2005. The maximum workday length is 10 hours 
(including 2 hours of overtime pay), but positions such as caretakers 
and domestic servants are exempt. All workers enjoy at least one 24-
hour rest period during the workweek, except for workers at high 
altitudes who may exchange a work-free day each week for several 
consecutive work-free days every 2 weeks.
    The law establishes occupational safety and health standards, which 
were administered by the ministries of Health and of Labor and 
effectively enforced. 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. Labor inspectors from the 
Labor Directorate are responsible for determining whether such dangers 
exist.

                               __________

                                COLOMBIA

    Colombia is a constitutional, multiparty democracy. In 2002, voters 
elected independent candidate Alvaro Uribe president and selected a 
bicameral legislature with a mix of Liberal, Conservative, and 
independent members. Internal armed conflict continued between the 
Government and terrorist groups, particularly the Revolutionary Armed 
Forces of Colombia (FARC), the National Liberation Army (ELN), and the 
United Self-Defense Forces of Colombia (AUC). The conflict caused the 
deaths of between 3,000 and 4,000 persons during the year, including 
combat casualties, political murders, and forced disappearances. The 
civilian judiciary is largely independent of the executive and 
legislative branches; however, it was overburdened, inefficient, and 
subject to intimidation and corruption.
    The civilian-led Ministry of Defense is responsible for internal 
and external security and oversees both the police and the armed 
forces, including the army, air force, and navy. The National Police 
shared law enforcement duties with the Administrative Department of 
Security (DAS) and the Prosecutor General's Corps of Technical 
Investigators (CTI). The police are responsible for order and security 
in urban areas. The armed forces are responsible for national defense 
and security in rural areas, and support the police in urban areas when 
called upon. Although civilian authorities generally maintained 
effective control of the security forces, there were instances in which 
members of the security forces committed human rights abuses. Police 
and military forces continued to take steps to improve their human 
rights record; however, some members of the security forces violated 
human rights in defiance of government policy.
    The country has a diverse market-based economy and a population of 
approximately 44 million. Crude oil, coal, coffee, and cut flowers are 
the country's principal legal exports. Drug trafficking has created a 
large illicit economy. Economic growth for the year was estimated at 
3.8 percent, while inflation measured 5.5 percent. Income distribution 
was highly skewed, with 59 percent of the population living in poverty. 
Unemployment fell to 11.7 percent and per capita gross domestic product 
rose to $2,015.
    Although serious problems remained, the Government's respect for 
human rights improved in some areas. While nongovernmental 
organizations (NGOs) claimed that the security forces' share had 
increased, the percentage of total human rights abuses reported 
attributed to security forces was low; however, some members of the 
security forces continued to commit serious abuses, including unlawful 
and extrajudicial killings and forced disappearances. Some members of 
the security forces continued to collaborate with the terrorist AUC, 
which committed serious abuses. Police, prison guards, and military 
forces mistreated detainees. Conditions in the overcrowded and 
underfunded prisons were harsh, and prisoners frequently relied on 
bribes for favorable treatment. There were allegations of arbitrary 
arrests and detentions, and prolonged pretrial detention remained a 
fundamental problem. 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 prosecutions and convictions of some members of 
the security forces, no high-ranking officers were convicted of human 
rights offenses.
    The authorities sometimes infringed on citizens' privacy rights. 
Three journalists were killed during the year, and journalists 
continued to work in an atmosphere of threats and intimidation, 
primarily from terrorist groups, but also in some instances from 
corrupt local officials. Journalists practiced self-censorship to avoid 
reprisals. There were some restrictions on freedom of movement within 
narrowly defined geographic areas, generally because of security 
concerns.
    Violence and instability displaced at least 137,000 civilians 
during the year, and the total number of internally displaced persons 
(IDPs) may have exceeded 2 million, including 800,000 children. There 
were reports that members of the security forces harassed members of 
human rights groups. Violence and extensive societal discrimination 
against women, child abuse, and child prostitution remained serious 
problems. Trafficking in women and girls for the purpose of sexual 
exploitation was a problem. Extensive societal discrimination against 
indigenous persons and minorities continued. Child labor was a 
widespread problem.
    Despite a unilateral cease-fire declared by the AUC to facilitate 
demobilization negotiations with the Government, paramilitaries 
continued to commit numerous political killings--including of labor 
leaders. Paramilitaries often kidnapped and tortured suspected 
guerrilla sympathizers prior to executing them. Paramilitaries 
interfered with personal privacy in areas where they exercised de facto 
control, forcibly displaced thousands of innocent civilians, and 
engaged in military operations that endangered civilian lives. 
Paramilitaries also threatened and attacked human rights workers and 
journalists who criticized their illegal activities and continued to 
employ child soldiers. Despite paramilitary cease-fire violations 
committed throughout the year, the overall level of paramilitary 
violence continued to decline.
    FARC and ELN terrorists were responsible for a large percentage of 
civilian deaths attributable to the internal armed conflict. 
Guerrillas, particularly the FARC, committed hundreds of intentional 
illegal killings and killed and injured hundreds of civilians in random 
terrorist bombings and landmine incidents. The FARC also continued to 
kidnap, torture, and murder off-duty members of the public security 
forces. The FARC engaged in a concerted campaign to destabilize 
municipal governments by killing local officials and threatening to 
execute others. The FARC and ELN kidnapped hundreds of civilians to 
help finance subversion and put political pressure on the Government. 
Guerrillas caused mass displacements both intentionally and as by-
products of military offensives and engaged in widespread recruitment 
of child soldiers. The FARC and ELN announced a policy of strategic 
cooperation to combat the security forces and declared that neither 
group would enter peace negotiations with the Government. FARC and ELN 
terrorists threatened and attacked human rights activists. They also 
engaged in widespread recruitment of minors and used female conscripts 
as sex slaves.
    During the year, there were significant improvements in several 
human rights indicators. Killings decreased by 16 percent, terrorist 
massacres by nearly 50 percent, killings of trade union leaders by 25 
percent, kidnappings by 42 percent, and according to government 
figures, forced displacements by over 37 percent. In November and 
December, government negotiators succeeded in demobilizing nearly 3,000 
fighters from 5 separate AUC paramilitary blocs. Hundreds of municipal 
officials returned to their municipalities after the Government 
established a permanent police presence in every urban center in the 
country.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary and Unlawful Deprivation of Life.--Political and 
unlawful killings remained an extremely serious problem, and there were 
periodic reports that members of the security forces committed 
extrajudicial killings. The National Police registered 19,010 killings 
during the year, a 16 percent decrease from 2003 and the lowest number 
of killings in 18 years. The city of Medellin, once notorious for its 
high murder rates, registered a 40 percent decline in killings to their 
lowest level in 25 years.
    The Jesuit-founded Center for Popular Research and Education 
(CINEP), a prominent local human rights NGO, claimed there were at 
least 382 political murders and extrajudicial killings, committed by 
all actors, during the first 6 months of the year. The Government's 
Presidential Program for Human Rights reported that 238 persons died in 
43 massacres, committed by illegal armed groups, through November, a 49 
percent decrease in the number of victims from 2003.
    According to CINEP, state security forces were responsible for 124 
extrajudicial killings during the first 6 months of the year. For 
example, according to local NGO Reinciar, on July 26, army soldiers 
killed Mauricio Tote, a member of the now-defunct leftist Patriotic 
Union (UP) political party, in Popayan, Cauca Department. Most of the 
incidents cited by CINEP were under investigation by military 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.). Investigations of past killings 
proceeded slowly.
    Through August, the Office of the Inspector General (Procuraduria) 
had charged 19 members of the Armed Forces with human rights offenses. 
As in the previous year, the Office continued to refer all cases 
involving human rights violations to the Prosecutor General for 
criminal investigation.
    On May 16, the Inspector General's Office ordered the symbolic 
dismissal from the Armed Forces of retired army Lieutenant Colonel 
Jorge Plazas, who was ruled responsible for participating in forced 
disappearances, kidnapping for ransom, and obstruction of justice. In 
2002, Plazas was sentenced to 40 years in prison by a civilian criminal 
court after being convicted for the 1998 kidnapping and murder of a 
prominent businessman. In July 2003, he escaped from a military 
detention facility in Bogota and was still at large at year's end.
    As of September, the Human Rights Unit of the Prosecutor General's 
Office (Fiscalia) had issued preventive detention orders for nine 
members of the Armed Forces for human rights violations or paramilitary 
collaboration. However, for various reasons, including lack of 
resources for investigations, lack of protection for witnesses and 
investigators, lack of coordination between government entities, and, 
in some cases, obstruction of justice by individuals, impunity 
continued to be widespread.
    On March 19, a patrol from the army's Boyaca Battalion killed seven 
policemen and four civilians in an ambush in the municipality of 
Guaitarilla, Narino Department. The criminal investigation was assigned 
to the military justice system, and the Inspector General's Office 
opened a parallel disciplinary investigation. On August 30, the 
Inspector General's Office charged five officials with negligence and 
official misconduct. On December 15, the Superior Military Tribunal 
reversed a September 10 decision by military investigators to close the 
criminal case and ordered that the case be investigated further.
    On April 10, members of the army's Sixth Brigade killed a family of 
five in the municipality of Cajamarca, Tolima Department, during a 
military operation against the FARC. The soldiers admitted to firing 
mistakenly on the civilians. In November, the Supreme Council of the 
Judiciary (CSJ) reversed an earlier decision taken in June and granted 
the civil justice system jurisdiction over the case. The investigation 
continued at year's end.
    On August 5, soldiers from the army's 18th Brigade shot and killed 
three trade union members outside a home near Saravena, Arauca 
Department. In September, the Prosecutor General's Office ordered their 
arrest and asked the Army to formally suspend the soldiers until the 
case was resolved. The investigation continued at year's end.
    On August 28, a small group of leftist legislators denounced an 
alleged plot to assassinate leftist politicians and labor leaders known 
as ``Operation Dragon.'' The plot allegedly involved members of the 
military. An investigation by the Prosecutor General's Office was 
ongoing at year's end.
    On August 31, two policemen were killed in a ``friendly fire'' 
incident in Floridablanca, Santander Department when an elite 
government antikidnapping unit (GAULA) of the Army mistakenly attacked 
police during an antinarcotics operation. The Prosecutor General's 
Office, with the support of the military justice system, opened an 
investigation that continued at year's end.
    The Procuraduria and the military penal justice system continued 
separate investigations into the 2002 deaths of Florentino Castellanos 
and his 9-year-old son during a military operation near the town of 
Cantagallo, Bolivar Department.
    The Office of the Prosecutor General continued to gather evidence 
against eight members of the army's Ninth Brigade, including a colonel 
and a captain, for the 2002 killing of a FARC deserter.
    On January 30, a court sentenced army Sergeants Sandro Fernando 
Barrerro and Humberto Blandon to 40 years in prison for the 2000 
kidnapping and murder of Uberney Giraldo and Jose Evelio Gallo, 
demobilized ELN guerrillas associated with the political Socialist 
Renewal Movement.
    On January 22, the Prosecutor General's Office ruled there was 
insufficient evidence to charge Brigadier General Alvaro Velandia with 
involvement in the 1987 murder of M-19 guerrilla Nydia Erika Bautista. 
By year's end, there was no ruling on the Office of the Inspector 
General's appeal of a decision by the Council of State to overturn the 
Inspector General's order that the military dismiss the general.
    There continued to be credible reports that some members of the 
security forces cooperated with illegal paramilitaries in violation of 
orders from civilian leaders, including the President, and the military 
high command (see Section 1.g.). Such collaboration often facilitated 
unlawful killings and sometimes may have involved direct participation 
in paramilitary atrocities. For example, according to Amnesty 
International (AI), the May 19 paramilitary massacre of 11 peasant 
farmers in the municipality of Tame, Arauca Department, took place 
during large-scale military operations in the area.
    Impunity for military personnel who collaborated with members of 
paramilitary groups remained a problem. However, there was progress in 
several cases related to military collusion with paramilitaries. For 
example, on September 16, the Prosecutor General's Office arrested 
Captain Ruben Blanco for ``lending counsel and security to individuals 
linked to paramilitary groups,'' after paramilitary chief Elkin 
Casarrubia was found hiding in Blanco's home in Medellin.
    The criminal trial of former Brigadier General Jaime Uscategui 
continued during the year. On October 6, the Criminal Chamber of the 
Supreme Court, citing security concerns, agreed to transfer the case 
from Villavicencio, Meta Department, to Bogota. The trial in absentia 
of former army colonel Hernan Orozco, who testified against Uscategui 
in an earlier military trial, also continued.
    On September 14, the Inspector General's Office upheld 
administrative sanctions against three military officers--retired Rear 
Admiral Rodrigo Quinones, Captain Oscar Eduardo Saavedra, and Captain 
Camilo Martinez--for failing to prevent the 2001 paramilitary massacre 
of 27 persons in the village of Chengue, Sucre Department. The 
Inspector General also upheld the dismissal of two noncommissioned 
officers (NCOs), Rafael Euclides Bossa and Ruben Dario Rojas, for 
providing weapons to the paramilitaries who committed the massacre.
    On December 27, the Inspector General's Office absolved retired 
Navy Rear Admiral Rodrigo Quinones of responsibility for the 2000 
paramilitary massacre in the El Salado neighborhood of Las Ovejas, 
Bolivar Department, in which 38 persons were killed. The Inspector 
General's Office ordered the dismissal of Captain Hector Martin Pita 
and a symbolic 50-day suspension of retired Colonel Carlos Alberto 
Sanchez for their negligence in the case.
    On April 12, the Office of the Inspector General ordered the 90-day 
suspension of Colonel Rafael Alfonso Hani for his failure to protect 
adequately the civilian population near Buga, Valle del Cauca 
Department, from paramilitaries atrocities while he commanded the 
army's Palace Battalion in the city during 1999.
    On July 26, the Administrative Tribunal of Cundinamarca Department 
ruled that the Government should pay approximately $20 million (50 
billion pesos) to 120 families of victims of the 1999 paramilitary 
massacre near La Gabarra, Norte de Santander Department, because both 
the police and army failed to take measures to prevent it.
    On March 4, the Prosecutor General's Office closed its case against 
General Rito Alejo del Rio for lack of evidence. Del Rio had been 
arrested by the Prosecutor General's Office in 2001 for his alleged 
role in the formation of paramilitary groups in the Uraba region of 
Antioquia Department in the mid-1990s.
    On August 12, the Inspector General's Office recommended that 8 
members of the Army be tried criminally and convicted for participation 
in the deaths of 10 persons in Huila Department between 1993 and 1994. 
Those under investigation included Colonel Jose Ancizar Hincapie and 
Captain Enrique Bernardo Camacho.
    The Inter-American Commission on Human Rights continued to broker a 
settlement of the UP party's 1996 complaint that charged the Government 
with ``action or omission'' in the murders of nearly 3,000 UP and 
Communist Party members in the 1980s and 1990s. Negotiations between 
the Government and UP representatives continued at year's end.
    On July 21, the Inter-American Court of Human Rights found that the 
Government shared responsibility for the murders of 19 merchants by 
paramilitaries in Puerto Boyaca, Boyaca Department, in 1987. The ruling 
obligated the Government to fulfill 23 conditions, including publicly 
recognizing its responsibility for the murders, paying $6.5 million 
(16.25 billion pesos) in compensation to the victims' relatives, and 
reopening the criminal investigation.
    Paramilitaries committed numerous political and unlawful killings, 
primarily in areas they disputed with guerrillas and generally in the 
absence of a strong government presence. According to CINEP, 
paramilitaries were responsible for at least 304 such killings during 
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.), indigenous leaders (see Section 5), local 
politicians, and others who threatened to interfere with their criminal 
activities or showed leftist sympathies. For example, on August 3, 
suspected paramilitaries in Valledupar, Cesar Department, killed Fredy 
Arias, spokesman and human rights coordinator for the Kankuamo 
indigenous tribe (see Section 4).
    Continuing a trend that began in 2002, paramilitaries committed 
fewer large-scale massacres than in previous years. According to the 
Presidential Program for Human Rights, 13 persons died in paramilitary 
massacres as of August, compared with 18 in 2003, 54 in 2002, and 281 
in 2001. However, the Colombian Commission of Jurists (CCJ) blamed 
paramilitaries for far more massacres, reporting that paramilitaries 
killed at least 46 persons in massacres through August. For example, on 
April 18, after several days of threats, paramilitaries reportedly 
raided the community of Bahia Portete, La Guajira Department, where 
they tortured and killed at least four members of the indigenous Wayuu 
tribe, and abducted several others, including children. More than 600 
Wayuu sought refuge across the border in Venezuela (see Section 2.d.).
    Paramilitaries killed many persons they suspected of collaboration 
with the FARC. For example, in March, paramilitaries killed seven 
persons in Cravo Norte, Arauca Department and six persons in Tame, 
Arauca, in May, because they believed they were FARC collaborators. On 
October 2, suspected paramilitaries killed Yorbelis Restrepo, a member 
of the Peace Community of San Jose de Apartado in the latest of many 
incidents of paramilitary violence perpetrated against the San Jose 
community. Paramilitaries, as well as some government officials, 
claimed the community was a front organization for the FARC.
    On September 17, presumed paramilitaries killed academic and 
sociologist Alfredo Correa in Barranquilla, Atlantico Department. Three 
months earlier, government authorities detained Correa on charges of 
rebellion and collaboration with the FARC. The charges later were 
dropped for lack of evidence, and Correa was released a few days before 
his death. The investigation into this killing continued at year's end 
(see Section 1.d.).
    Paramilitaries also killed persons to protect criminal activities. 
For example, paramilitaries were suspected of killing Carlos Javier 
Sabogal, the former governor of Meta Department; Euser Rondon, the 
former mayor of Meta's El Dorado municipality; and former member of 
Congress Nubia Sanchez. On September 14, their bodies were discovered 
in an abandoned car in Cundinamarca Department. Sabogal, Rondon, and 
Sanchez had accused Meta Governor Edilberto Castro of corruption (see 
Section 3).
    There were reports that paramilitaries continued to commit ``social 
cleansing'' killings of prostitutes, drug users, vagrants, and the 
mentally ill in city neighborhoods they controlled.
    Guerrillas, particularly the FARC, committed hundreds of unlawful 
killings. According to CINEP, guerrillas were responsible for 135 
unlawful killings during the first 6 months of the year. The 
Presidential Program for Human Rights reported that, as of November, 
the FARC killed at least 99 persons in massacres, although another 118 
persons were killed in massacres in which the perpetrators remained 
unidentified.
    Among those primarily targeted by guerrillas were local elected 
officials, candidates for public office (see Section 3), religious 
leaders (see Section 2.c.), alleged paramilitary collaborators, and 
members of the security forces. The FARC also continued its attempts to 
assassinate President Uribe.
    Many FARC atrocities were related directly to drug trafficking 
activities. For example, on January 5, the FARC killed eight coca 
pickers in the municipality of Pensilvania, Caldas Department, for 
failing to pay FARC taxes. On June 15, the FARC killed 34 coca pickers 
who allegedly worked for rival paramilitary drug traffickers in the 
municipality of La Gabarra, Norte de Santander Department. On August 
11, the FARC killed another 10 peasants in the Catatumbo region of 
Norte de Santander Department, presumably over their coca crop.
    FARC massacres of members of the public security forces included 
the July 22 killings of 13 soldiers on a road between Huila and 
Putumayo Departments and the August 2 killings of 9 members of the 
police in the municipality of Trujillo, Valle del Cauca Department.
    The FARC also killed persons it suspected of collaboration with 
government authorities or paramilitaries. For example, on July 10, the 
FARC's Ninth Front killed seven men in San Carlos for allegedly 
supporting paramilitaries. On September 13, the FARC killed three men 
in El Libano, Tolima Department, for alleged collaboration with 
paramilitaries. On December 31, the FARC killed 17 persons, including 4 
children, near Tame, Arauca Department, allegedly for being 
paramilitary supporters.
    On August 30, troops captured Jorge Eliecer Martinez ``Jeronimo 
Aljure,'' a suspected leader of the FARC's 56th Front. Martinez was 
accused of killing 3 foreign-born indigenous rights activists and at 
least 69 others. The case continued at year's end.
    FARC deserters reported that guerrilla leaders threatened to 
execute fighters who attempted to desert.

    b. Disappearances.--Forced disappearances--many of them politically 
motivated--continued to be a problem. The law specifically defines 
forced disappearance as a crime. CINEP reported 65 cases of forced 
disappearance during the first 6 months of the year, and accused the 
security forces of direct responsibility for 17. The U.N. Working Group 
on Enforced or Involuntary Disappearances reported in 2003 that there 
had been at least 1,114 forced disappearances since 1981, 850 of which 
remained unresolved.
    On November 3, the Prosecutor General's Office charged three 
members of the National Police with the forced disappearance and 
subsequent death of Ruben Suarez, who disappeared from a police station 
in Susa, Cundinamarca Department, on April 20. The three also were 
suspected of stealing $80,000 (200 million pesos) that Suarez was 
carrying when he was detained.
    Paramilitaries were responsible for most forced disappearances. 
According to CINEP, paramilitaries committed at least 48 forced 
disappearances during the first 6 months of the year, compared with 130 
in 2003. Paramilitaries often abducted persons suspected of 
collaboration with guerrillas; almost all of these persons were 
presumed dead (see Section 1.a.). For example, on June 22, 
paramilitaries forcibly kidnapped and killed four members of the 
indigenous Wayuu tribe near the town of Maicao, La Guajira Department, 
for allegedly collaborating with the FARC. Authorities later confirmed 
that the four had been killed.
    Although the number of kidnappings continued to decline, 
kidnapping, both for ransom and for political reasons, remained a 
serious problem. According to the Presidential Program for Human 
Rights, there were 1,250 kidnappings through November, a reduction of 
approximately 42 percent from the 2,200 kidnappings reported in 2003. 
GAULAs and other elements of the security forces freed 201 hostages in 
the first 8 months of the year. However, the Free Country Foundation 
reported that, despite government efforts, through February, at least 6 
persons died in captivity. The government-affiliated Fund for the 
Defense of Personal Liberty (FONDELIBERTAD) provided assistance to 
approximately 600 friends and relatives of kidnapping victims.
    The Free Country Foundation reported that paramilitaries were 
responsible for 120 kidnappings through August, or 10 percent of all 
kidnappings in which a perpetrator was identified. Paramilitaries 
kidnapped both for ransom and as an expression of power and influence. 
For example, on June 27, paramilitaries kidnapped former Senator Jose 
Gnecco and his family in La Guajira Department. Paramilitary leader 
Rodrigo Tovar ``Jorge 40'' later released Gnecco after President Uribe 
excluded Tovar from ongoing peace negotiations with the Government and 
ordered his arrest. The press reported that Gnecco, a member of a 
prominent regional family, owed Tovar money.
    On July 24, members of the Armed Forces rescued 23 laborers 
kidnapped by paramilitaries in the municipality of El Desastre de San 
Diego, Cesar Department.
    Kidnapping continued to be an unambiguous, standing policy for both 
the FARC and the ELN. The Free Country Foundation reported that 
guerrillas were responsible for approximately 31 percent of kidnappings 
reported during the first 8 months of the year in which a perpetrator 
was identified. According to the Foundation, through August, the FARC 
had kidnapped 213 persons, and the ELN kidnapped 92 persons.
    Kidnapping for ransom remained a major source of revenue for both 
the FARC and ELN. The Free Country Foundation reported that, as of 
August, there had been 529 kidnappings for ransom during the year, 
approximately 52 percent of all kidnappings. In addition, the FARC 
purchased kidnapping victims from common criminals and then negotiated 
ransom payments with families.
    On February 14, members of the ELN posing as paramilitaries 
kidnapped a man from his home in Casablanca, Tolima Department. A 
ransom payment was negotiated and paid, but the victim was not freed. 
Police later arrested members of a criminal gang in Bogota that 
negotiated on behalf of the ELN. Gang members volunteered that the 
Casablanca kidnapping victim was killed in spite of the ransom payment. 
His body had not been recovered by year's end.
    On August 31, the ELN kidnapped a computer technician in Bagado, 
Choco Department. He was released on September 29, after his company 
paid a ransom of approximately $5,000 (12 million pesos).
    On December 24, the FARC's Ninth Front kidnapped eight national 
tourists at a spa in San Rafael, Antioquia Department. The FARC 
threatened the families, which prevented the kidnappings from being 
reported until the following day. By year's end, only one of the 
hostages had been released.
    At least 223 children were kidnapped during the year. On February 
10, for example, the FARC kidnapped a 9-year-old girl from a school bus 
in Candelaria, Valle del Cauca Department. They released her on 
February 21.
    On July 14, after receiving an undisclosed ransom from former 
Senator Jaime Losada, the FARC released his sons, Jamie Felipe and Juan 
Sebastian, who were kidnapped from their apartment in Neiva, Huila 
Department in 2001. Their mother remained in FARC captivity at year's 
end.
    The FARC committed many politically motivated kidnappings, which it 
then used to discredit the Government or pressure it into a so-called 
``humanitarian exchange.'' For example, on February 25, 50 members of 
the FARC dressed in GAULA uniforms kidnapped 3 persons and injured 4 
others during an attempted mass kidnapping conducted at 2 residential 
buildings in Neiva, Huila Department, where many politically 
influential persons resided. On August 21, the FARC kidnapped 
Arquimedes Vitonas, the indigenous mayor of Toribio municipality, Cauca 
Department, and on August 26, in cooperation with the ELN, kidnapped 
Orlando Hernandez, the indigenous mayor of Ricaurte, Narino Department. 
The military rescued Hernandez on September 6 (see Sections 3 and 5). 
The FARC also kidnapped members of the public security forces for 
political reasons. According to the Presidential Program of Human 
Rights, through November, the FARC had kidnapped 11 members of the 
public security forces. On December 31, the FARC kidnapped three more 
police officers in Sipi, Choco Department.
    The ELN also kidnapped for political reasons. For example, on July 
25, members of the ELN kidnapped Misael Vacca, Roman Catholic Bishop of 
Yopal, Casanare Department, allegedly because they wanted him to carry 
a political message to the Government. Vacca was released 3 days later 
(see Section 2.c.). On October 6 in Ciudad Bolivar, Antioquia 
Department, ELN terrorists kidnapped a woman and her nephew who rumors 
incorrectly identified as relatives of President Uribe.
    On October 11, the Superior Tribunal of Bogota sentenced the 
members of the ELN Central Command to 39 years in prison for the 1999 
hijacking of a passenger airline in Bucaramanga, Santander Department, 
and the kidnapping of all 46 passengers.
    The FARC continued to hold political hostages taken in previous 
years, including former presidential candidate Ingrid Betancourt; 
former Senator Jorge Eduardo Gechem; former members of Congress Orlando 
Bernal, Luis Eladio Perez, and Consuelo Gonzalez; Congresswoman Gloria 
Polanco; former Governor of Meta department Alan Jara; 12 former 
regional legislators from Valle del Cauca Department; and at least 4 
foreign-born persons. The FARC released several proof-of-life videos 
during the year, which stirred debate over the possibility of an 
exchange of hostages for imprisoned members of the FARC. The hostages' 
families, national and international NGOs, foreign governments, and 
prominent public figures pressured the Government to cede to FARC 
demands for an exchange.
    On August 18, the Government announced it had sent a message to the 
FARC on July 23 offering to release 50 FARC members imprisoned for 
rebellion if the FARC would release its political prisoners. The 
Government added that released FARC members would have the option of 
relocating to a ``friendly'' country or joining the Government's 
reinsertion program. The FARC rejected the Government's offer. On 
December 2, the Government unilaterally released 23 members of the FARC 
imprisoned for rebellion as a sign of good faith intended to bring 
about a reciprocal gesture from the FARC. On December 17, the 
Government announced it would not extradite imprisoned FARC commander 
Ricardo Palmera ``Simon Trinidad'' to a third country if the FARC 
released 63 political hostages by December 30. The FARC rejected the 
Government's offer.
    The FARC killed numerous hostages during the year. For example, on 
September 29, the parents of Daniela Vanegas identified the body of 
their 15-year-old daughter, who had been kidnapped by the FARC in 
October 2003 while on her way to school in Bogota. On December 8, the 
FARC killed Roman Catholic priest Javier Francisco Montoya after 
kidnapping him in the town of Novita, Choco Department (see Section 
2.c). There were numerous reports that guerrillas tortured kidnapping 
victims (see Sections 1.c. and 1.g.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and criminal law prohibit such practices; 
however, there were reports that the police, military, and prison 
guards sometimes mistreated and even tortured detainees. Members of the 
military and police accused of torture are tried in civilian, rather 
than military, courts (see Section 1.e.). CINEP asserted that as of 
June 30 the security forces were responsible for 75 incidents of 
torture.
    On April 23, 10 soldiers allegedly threatened and tortured 3 
peasants in Cunday, Tolima Department. The Office of the Prosecutor 
General continued to investigate accusations publicized in 2002 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 kidnappings.
    CINEP reported that, as of June 30, paramilitaries were responsible 
for at least 44 cases of torture. For example, on January 31, 
paramilitaries abducted and tortured Ines Pena, a member of the Popular 
Women's Organization, in Barrancabermeja, Santander Department. She was 
released a short time later. Many victims of paramilitary killings, 
such as 11 peasants killed in May in Tame, Arauca Department, showed 
signs of torture.
    Guerrillas also committed acts of torture. The bodies of many 
persons kidnapped and subsequently killed by guerillas showed signs of 
torture, and former guerrilla hostages reported severe deprivation, 
denial of medical attention, and physical and psychological torture 
during captivity (see Section 1.b.). The Ministry of Defense reported 
that guerrillas tortured, mutilated, and killed captured soldiers and 
police (see Section 1.g). CINEP reported 5 cases of torture by 
guerrillas as of June 30.
    With the exception of new facilities, prison conditions remained 
harsh, especially for prisoners without significant outside support. 
Many of INPEC's 8,906 prison guards and administrative staff were 
poorly trained or corrupt. Severe overcrowding and dangerous sanitary 
and health conditions were serious problems. Private sources continued 
to supplement most prisoners' food. INPEC spent an average of 
approximately $1.50 (3,870 pesos) per day per inmate on food, 
education, and health care. The high-security prison in Valledupar, 
Cesar department, was the only penitentiary in the country certified as 
meeting international standards. Five other facilities were built to 
the standards, but INPEC decided it would be too costly to fund the 
auditing and certification processes for them. In other facilities, 
inmates paid to eat, drink, sleep on a mattress, wash clothes, or make 
telephone calls, and many were forced to pay protection money to fellow 
inmates or corrupt prison guards. According to INPEC, overcrowding was 
the prison system's most serious problem. As of September, the 
country's prisons and jails held 68,240 inmates, almost 30 percent over 
their intended capacity of 49,645. According to the National Human 
Rights Ombudsman's Office, the increasing severity of overcrowding 
resulted from aggressive government security policies that added 
inmates at nearly six times previous annual rates. On October 18, local 
press reported that the medium- and high-security prisons in 
Valledupar, La Dorada, and Giron faced water shortages, affecting 
approximately 5,000 inmates. During the year, inmates at the Dona Juana 
Prison in La Dorada, Caldas Department went on a hunger strike to 
protest the lack of water.
    The Government sometimes failed to prevent deadly violence among 
inmates. INPEC reported at least 38 violent deaths among inmates during 
the year, not including suicides. There were five major prison riots 
between January and August, in which at least seven inmates were 
injured. Riots were motivated principally by inmates' attempts to force 
changes in administrative policies. For example, inmates rioted at 
Bellavista prison in Medellin when INPEC officials attempted to 
transfer many of them to alleviate overcrowding. The Office of the 
Prosecutor General continued to investigate allegations that some 
prison guards routinely used excessive force and treated inmates 
brutally.
    Male and female prisoners were separated in facilities that held 
both men and women. There also were dedicated women's prisons. 
Conditions at women's prisons were similar to those at men's. 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 nearly 60 percent of prison inmates. According to INPEC, 30,356 
pretrial detainees were held in overcrowded police jails. Failure on 
the part of many local military commanders and jail supervisors to keep 
mandatory detention records or follow notification procedures made 
accounting for all detainees difficult (see Section 1.d.).
    Incarcerated members of illegal armed groups who refused to 
renounce terrorist affiliations were held separately from members of 
rival groups and the general prison population. Authorities generally 
granted incarcerated leaders of these groups substantial autonomy to 
organize their respective prison wings and structure daily activities. 
To facilitate conditions for negotiations, the Government allowed some 
incarcerated leaders to use special communications equipment to 
maintain contact with terrorists still at large.
    Fifty-three prisoners escaped during the year, 13 while on 72-hour 
passes, 24 because of faulty security, 2 in prison breaks with outside 
assistance, and 1 from a prison work detail. On November 3, former army 
Major Cesar Maldonado, who was convicted in 2002 of the attempted 
murder of former union leader and member of Congress Wilson Borja, 
escaped from a military prison. As a result, on November 5, the 
military dismissed four officers responsible for prison security, one 
of whom was under arrest and facing charges at year's end. Retired 
Lieutenant Colonel Jorge Plazas, who escaped from the same facility in 
July 2003 while serving a 40-year sentence for kidnapping and murder, 
remained at large (see Section 1.a.). In October, FARC commander 
Hernando Buitrago ``Julian'' escaped from his cell at the headquarters 
of the Prosecutor General's Office in Bogota. In November, six agents 
from the Corps of Technical Investigators (CTI) were dismissed and 
subsequently arrested in connection with the escape. The International 
Committee of the Red Cross (ICRC) continued to have routine access to 
most prisons and police and military detention centers. 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 or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, there were allegations that 
authorities detained citizens arbitrarily.
    The 125,000 members of the National Police are under the 
jurisdiction of the Ministry of Defense. The National Police includes 
special units that focus on intelligence, narcotics, kidnapping and 
extortion, and rural policing. On February 12, the Government completed 
its reinstallation of police forces in all of the country's 1,098 
municipalities. Police are authorized to execute arrest warrants and 
detain suspects ``caught in the act'' or fleeing the scene of a crime. 
DAS agents have broad intelligence gathering, law enforcement, and 
immigration control function, as do members of the CTI.
    Police, DAS, and CTI officials executed arrest warrants issued by 
prosecutors based on probable cause. Law enforcement officials also 
arrested criminals caught in the act or fleeing the scene of a crime. 
Members of the Armed Forces detained members of illegal armed groups 
captured in combat but were not authorized to execute arrest warrants. 
On August 30, the Constitutional Court rejected an antiterrorism law 
that would have granted the military broader powers to arrest and 
detain terrorist suspects (see Section 1.f.). Law enforcement 
authorities must promptly inform suspects of the reasons for their 
arrest and bring suspects before a senior prosecutor within 36 hours of 
their detention. Prosecutors must rule on the legality of detentions 
within 72 hours. These requirements were enforced in practice. In the 
case of most felonies, detention prior to the filing of formal charges 
cannot exceed 180 days, after which a suspect must be released. In 
cases of crimes deemed particularly serious, such as homicide or 
terrorism, authorities are allowed up to 360 days to file formal 
charges before a suspect must be released. Habeas corpus is available 
to address cases of alleged arbitrary detention.
    Individuals accused of lesser or unintentional crimes have access 
to bail; bail is generally not available for serious crimes such as 
murder, rebellion, or narcotics trafficking. The law prohibits 
incommunicado detention. Suspects have the right to prompt access to 
counsel of their choice, and public defenders from the Office of the 
Human Rights Ombudsman assist indigent defendants.
    Prominent human rights NGOs complained that the Government 
arbitrarily detained hundreds of persons, particularly social leaders, 
labor activists, and human rights defenders. According to CINEP, the 
security forces arbitrarily detained over 495 persons during the first 
6 months of the year. Many of these detentions took place in highly 
conflictive areas where the military was involved in active hostilities 
against terrorist insurgents. For example, on July 11, members of the 
Army detained Edinson Palomino Banguero, local president of the 
Sintraova labor union, for 11 hours at a police station in the town of 
Arauquita, Arauca Department.
    On June 7, sociologist Alfredo Correa was detained on charges of 
rebellion and collaboration with the FARC in Barranquilla. He was 
released due to lack of evidence days before presumed paramilitaries 
killed him on September 17 (see Section 1.a.).
    The Government and prominent local NGOs frequently disagreed about 
how to define an ``arbitrary'' detention; the Government characterized 
detentions based on compliance with legal formalities, while NGOs 
typically applied other criteria.
    According to INPEC, there were 30,284 pretrial detainees (nearly 60 
percent of prison inmates) held in overcrowded police jails. Failure on 
the part of many local military commanders and jail supervisors to keep 
mandatory detention records or follow notification procedures made 
accounting for all detainees difficult (see Section 1.c.). Trial delays 
were caused by large numbers of detainees, financial constraints, and 
staff shortages.
    The Government stated it did not hold political detainees, although 
some prominent NGOs considered captured guerrillas to be detained for 
political reasons.
    Paramilitaries and guerrillas, particularly the FARC and the ELN, 
continued to take hostages for ransom. The FARC and ELN also kidnapped 
politicians, prominent citizens, and members of the security forces to 
use as political pawns in a prisoner exchange (see Section 1.b.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, the suborning and intimidation of 
judges, prosecutors, and witnesses was a serious problem. The judicial 
system was also extremely overburdened. The administrative chamber of 
the CSJ reported that, as of October 2003, the civilian judiciary--
including the criminal justice system--suffered from a backlog of at 
least 102,000 cases. These backlogs led to large numbers of pretrial 
detainees (see Section 1.c.). Impunity remained the greatest challenge 
to the credibility of the Government's commitment to human rights.
    Judicial authorities frequently were subjected to threats and acts 
of violence. According to the National Association of Judicial Branch 
Employees, numerous judicial branch employees received threats against 
their lives, and some judges and prosecutors assigned to small towns 
worked out of departmental capitals because of security concerns. There 
were reports that judicial workers were killed during the year. For 
example, on August 11, unknown assailants shot and killed Ronaldo David 
Redondo, a former superior court judge and La Guajira Department 
magistrate, in front of his home in the departmental capital of 
Riohacha. The crime was under investigation at year's end. On November 
13, gunmen shot and killed state attorney Mario Canal on a highway near 
the city of Popayan, Cauca Department. Canal had been investigating 
crimes allegedly committed by captured FARC leaders. Witnesses, who 
were even more vulnerable to intimidation, often lacked faith in the 
Government's ability to protect them and refused to testify.
    The civilian justice system is composed of four functional 
jurisdictions: Civil, administrative, constitutional, and special. The 
civil is the largest jurisdiction and handles all criminal, civil, 
labor, agrarian, and domestic cases involving nonmilitary personnel. In 
small towns, a single ``all-purpose'' judge rules on all cases. 
Specialized circuit courts within the civil jurisdiction try cases 
involving particularly sensitive crimes, such as narcotics trafficking 
and terrorism. 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. 
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 that encompasses the constitutional jurisdiction of the civilian 
justice system. It rules on the constitutionality of laws, presidential 
decrees, and constitutional reforms. The Constitutional Court also may 
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 the judicial 
process as a legal defense of last resort. Courts must rule on the 
validity of a tutela within 10 days. Approximately 195,000 tutelas were 
before the Constitutional Court for possible review at the end of the 
year.
    The special jurisdiction of the civilian justice system consists of 
the Justices 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 conflicts of jurisdiction, such as 
those between the civilian and military justice systems.
    The Supreme Court, the Council of State, the Constitutional Court, 
and the CSJ are coequal supreme judicial bodies that sometimes issued 
conflicting rulings and frequently disagreed about jurisdictional 
responsibilities.
    The Office of the Prosecutor General is tasked with investigating 
criminal offenses and prosecuting the accused. Its human rights unit, 
which included 11 satellite units in 7 regional capitals, specialized 
in investigating human rights crimes. The unit's 43 prosecutors--30 in 
Bogota and 13 throughout the rest of the country--were handling 1,469 
cases at year's end.
    During the year, Prosecutor General Luis Camilo Osorio created a 
new internal affairs unit to rid the office of corruption, required 
officials in especially sensitive positions to submit to polygraph 
examinations, and summarily dismissed employees suspected of 
corruption.
    The Office of the Inspector General, also known as the Public 
Ministry, investigates allegations of misconduct by public employees, 
including members of the state security forces. The Inspector General's 
Office referred all cases of human rights violations received during 
the year to the human rights unit of the Prosecutor General's Office.
    The civilian justice system is an independent branch of government 
that uses a Napoleonic legal system incorporating some accusatorial 
elements. On August 31, the President signed a new Criminal Procedure 
Code. The new Code changes the roles of judges, prosecutors, 
investigators, and defense attorneys, as well as the presentation of 
evidence in an accusatory criminal justice system. It was scheduled to 
begin its staggered implementation in the judicial districts of Bogota, 
Armenia, Pereira, and Manizales in January 2005.
    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.
    An accused is presumed innocent until proven guilty and has the 
right to timely consultation with counsel. Attorneys from the Office of 
the Human Rights Ombudsman (see Section 4) served as public defenders 
and are required to represent indigent defendants; however, the Office 
was overburdened severely. Defendants have the right to be present at 
proceedings against them, review relevant government evidence, present 
witnesses and evidence on their own behalf, and confront and question 
prosecution witnesses. However, most evidence continued to be presented 
in writing, and judges generally relied on written records, rather than 
oral argument, to determine guilt or innocence. Defendants have the 
right to appeal a conviction to a higher court.
    The military justice system consists of the Supreme Military 
Tribunal, which serves as the court of appeals for all cases tried in 
military courts, and 44 military trial courts. The civilian Supreme 
Court serves as a second court of appeals for cases in which sentences 
of 6 or more years in prison are imposed.
    The military judiciary may investigate and prosecute active duty 
military and police personnel for crimes ``related to acts of military 
service.'' The Military Penal Code specifically defines torture, 
genocide, massacre, and forced disappearance as crimes unrelated to 
military service. Serious violations of human rights were considered 
unrelated to military service and were handled by the civilian justice 
system. The Military Penal Code specifically excludes civilians from 
military jurisdiction, and civilian courts must try retired military 
and police personnel, even for service-related acts committed before 
their retirement.
    The Military Penal Code denies commanders the power to impose 
military justice discipline on their subordinates and extends legal 
protection to service members who refuse to obey illegal orders to 
commit human rights abuses.
    Military judges preside over courts-martial without the assistance 
of a jury. Counsel may represent the accused and call witnesses, but 
the majority of fact-finding takes place during the investigative 
stage. Military trial judges issue rulings within 8 days of a court-
martial hearing. Representatives of the civilian Inspector General's 
Office are required to be present at courts-martial.
    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 incorporated many accusatorial elements. 
Defendants are considered innocent until proven guilty and have the 
right to timely consultation with counsel. A Constitutional Court 
ruling forbids military attorneys from undertaking defense counsel 
duties. Defendants must retain counsel at their own expense or rely on 
public defenders from the Ombudsman's Office.
    On August 4, Minister of Defense Jorge Alberto Uribe dismissed the 
Director of Military Justice, General Jose Camelo, reportedly because 
of delays in the investigation of high-profile cases. In December, 
Brigadier General Luis Fernando Puentes took over as Director of 
Military Justice.
    In the first 8 months of the year, the CSJ ruled on eight 
jurisdictional disputes between the civilian and military justice 
systems, assigning seven cases to the civilian system and one case to 
the military justice system. The Ministry of Defense reported--and the 
Prosecutor General's Office confirmed--that military and police 
personnel charged by civilian prosecutors routinely were suspended from 
their duties and placed on half-pay. Officers and NCOs were removed 
from command duties. Twenty members of the military and 25 police 
officers were suspended as of August for human rights violations or 
collaboration with paramilitaries.
    The Government did not hold political prisoners, although, as of 
August, it held approximately 3,917 prisoners accused of rebellion or 
aiding and abetting insurgency. The Government provided the ICRC access 
to these prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice; however, there were 
exceptions.
    Except in exigent circumstances, the law requires government 
authorities to obtain a warrant signed by a senior prosecutor to enter 
a private home without the owner's consent. The Ministry of Defense 
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, even in prisons. However, 
government intelligence agencies investigating terrorist organizations 
sometimes monitored telephone conversations without judicial 
authorization; such evidence could not be used in court. On August 30, 
the Constitutional Court struck down a government-backed antiterrorism 
statute on a procedural technicality. The statute contained provisions 
that would have authorized government authorities to intercept private 
communications without judicial authorization in cases related to 
terrorism. The evidence would have been admissible in court.
    In November, the Inspector General's Office upheld on appeal its 
2003 decision to order the dismissal from the armed forces of Colonel 
Mauricio Santoyo, the former commander of the Medellin GAULA. Santoyo 
had presided over the illegal wiretapping of the telephone lines of 
over 2,000 individuals and NGOs between 1997 and 2000.
    A key component of the Government's ``Democratic Security 
Strategy'' to combat terrorism and restore order throughout the country 
was a network of civilian informants--some paid--who identified 
terrorist activists and sympathizers. Many national and international 
human rights groups criticized the network as vulnerable to abuse and a 
threat to privacy and other civil liberties.
    The Government did not prohibit membership in most political 
organizations; however, membership in private organizations that 
espoused or carried out acts of violence--such as the AUC, FARC, and 
ELN--was illegal.
    Paramilitaries and guerrillas routinely interfered arbitrarily with 
the right to privacy. Both groups forcibly entered private homes, 
monitored private communications, engaged in forced displacement (see 
Section 1.g.) and conscription, and punished family members for alleged 
wrongdoing by individuals. The FARC, which employed large numbers of 
female combatants, prohibited pregnancies among its troops and ordered 
mandatory implantation of intrauterine devices and forced abortions.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--The country's 40-year-old internal 
conflict--among government forces, a right-wing paramilitary movement, 
and two leftist insurgent groups--continued. 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. Government security forces 
generally abided by international humanitarian law and respected human 
rights. The Human Rights Ombudsman's Office reported that 2 percent of 
complaints it received about violations of human rights and 
international humanitarian law implicated members of the security 
forces. However, some members of the security forces violated human 
rights (see Sections 1.a., 1.b., 1.c., and 1.d.).
    On November 6, the Air Force killed a 9-year-old girl and injured 
two others when it strafed a residence it mistakenly believed housed 
FARC guerrillas. The Air Force was still investigating the incident at 
year's end.
    On May 25, the Administrative Tribunal of Arauca ordered the 
Government to pay approximately $870,000 (2 billion pesos) to the 
families of 17 persons killed in the Air Force bombing of the village 
of Santo Domingo, Arauca Department, in December 1998. The civilian 
criminal trial of the helicopter pilot, co-pilot, and navigator 
continued at year's end.
    The Government, including military authorities, followed an open-
door policy toward the ICRC, allowing free and safe passage to members 
of impartial humanitarian organizations, even in conflict zones.
    On October 24, the Government completed the destruction of its 
remaining 6,784 undeployed antipersonnel landmines. The Government 
destroyed over 21,000 landmines between June 2003 and October.
    Some members of the public security forces--principally enlisted 
personnel and NCOs, but also some more senior officials--collaborated 
with or tolerated the activities of illegal paramilitaries. Evidence 
suggested there were tacit nonaggression pacts between local military 
officers and paramilitary groups in some regions, and some members of 
the security forces actively assisted or sought the assistance of 
paramilitary groups. However, the military substantially increased 
offensive actions against paramilitary groups. According to the 
Ministry of Defense, the security forces captured 4,772 paramilitaries 
during the year, a 50 percent increase from 2003, and killed 558 
paramilitaries in combat, compared with 346 in 2003. Paramilitaries 
lost significantly more combatants per confrontation with the security 
forces than did the FARC or ELN.
    Paramilitaries were responsible for numerous violations of 
international humanitarian law and human rights. Although estimates 
varied, there were approximately 12,000 paramilitary fighters in the 
country. The largest and most influential paramilitary organization was 
the terrorist AUC, which operated as a loose confederation of disparate 
paramilitary groups.
    Formal negotiations between the Government and AUC leaders 
regarding conditions for paramilitary demobilization continued during 
the year.
    In January, the Organization of American States agreed to verify 
the paramilitary peace process and established six regional offices 
that employed several dozen international and national staff. On July 
1, the Government formally established a concentration zone in the 
village of Santa Fe de Ralito, Cordoba Department, where paramilitary 
leaders could negotiate with government authorities without fear of 
arrest. In November and December, 2,627 fighters from 5 separate blocs 
surrendered their arms to government authorities. Among the demobilized 
were senior AUC commanders Salvatore Mancuso and Hernan Hernandez.
    Critics from across the ideological spectrum, including major 
domestic and international human rights groups, expressed concerns 
about the legitimacy of the paramilitary demobilization process, the 
real motivations of the paramilitaries, and the potential for impunity 
for confessed human rights abusers.
    The AUC's December 2002 unilateral cease-fire remained in effect; 
however, it was not perfectly observed, and some dissident paramilitary 
groups never agreed to a cessation of hostilities. Power struggles for 
leadership and control of drug trafficking resources provoked 
internecine warfare among paramilitary groups. For example, on 
September 19, fellow paramilitaries allegedly killed AUC Centauros Bloc 
Commander Miguel Arroyave. Arroyave controlled large swaths of valuable 
drug trafficking territory in the eastern plains where clashes between 
several paramilitary blocs caused sharp increases in violence.
    Most paramilitary cease-fire violations affected innocent 
civilians. For example, the Government reported that paramilitaries 
were responsible for 390 killings of civilians since the December 2002 
cease-fire declaration. As of September, the Office of the Human Rights 
Ombudsman had received complaints about 342 alleged violations of the 
paramilitary cease-fire in 11 departments, including reports of 
massacres, kidnappings, selective killings, displacements, robberies, 
and the recruitment of children. The CCJ claimed there had been at 
least 1,899 violations of the paramilitary cease-fire since December 
2002 (see Sections 1.a, 1.b., and 2.d.).
    Despite paramilitary cease-fire violations, the overall level of 
paramilitary violence continued to decrease. Paramilitaries committed 
fewer selective killings, particularly of vulnerable groups such as 
trade unionists, fewer massacres, and forcibly displaced fewer 
civilians. According to CINEP, paramilitaries were responsible for the 
deaths of 304 civilians through June, a negligible decrease from 2003.
    Combat between paramilitaries and guerrillas led to many civilian 
deaths. For example, on November 25, media reports claimed eight 
civilians were killed during clashes between paramilitaries and the ELN 
in Choco Department. U.N. High Commissioner for Refugees (UNHCR) warned 
that this area was at high risk of paramilitary-guerrilla clashes.
    Although the overall number of forced displacements caused by 
paramilitaries fell, paramilitaries continued to forcibly displace 
civilians residing along key drug and weapons transit corridors or 
suspected of harboring sympathies for guerrillas. For example, on April 
18, paramilitaries displaced 600 members of the indigenous Wayuu tribe 
in Bahia Portete, La Guajira Department. 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 (see Section 2.d.).
    Although paramilitaries continued to employ child soldiers (see 
Section 5), paramilitary groups turned over at least 70 minors to 
government authorities during the year, either as signs of good faith 
or as conditions of formal demobilization. For example, on December 18, 
26 minors demobilized with the AUC's Calima Bloc.
    The 12,500 member FARC and the 2,500 member ELN--both terrorist 
organizations--declined in numerical strength during the year because 
of strong pressure from the military that caused high numbers of 
guerrilla casualties and led to thousands of guerrilla desertions. In 
many areas of the country, the two guerrilla groups worked together to 
combat government forces or paramilitaries. On January 11, the ELN 
announced it would work more closely with the FARC to resist the 
Government's ``Plan Colombia'' military offensive. In October, the FARC 
proposed closer coordination between the two terrorist groups.
    The FARC and ELN violated international humanitarian law by 
committing unlawful killings, kidnapping civilians and military 
personnel, torturing captives, displacing populations, and recruiting 
child soldiers (see Sections 1.a., 1.b., 1.c., 2.d., and 5.).
    Guerrillas were responsible for a large percentage of civilian 
deaths related to the internal conflict. Combat between guerrillas and 
state security forces caused numerous civilian casualties. For example, 
on July 7, an elderly woman was injured during a FARC attack against 
the security forces in Narino Department. CINEP attributed at least 144 
civilian deaths to the FARC and ELN as of June 30.
    According to the Ministry of Defense, guerrillas committed 709 
terrorist acts during the year. For example, in May, 14 persons were 
killed and 93 injured when the FARC, in commemoration of the 40th 
anniversary of its founding, detonated bombs in the cities of Medellin, 
San Carlos, and Apartado, Antioquia Department. The largest bombing 
occurred on May 22, when the FARC bombed a popular Apartado nightclub, 
killing 5 and injuring 93. On August 8, the FARC detonated a bomb 
during a festival in Medellin, injuring 35. Guerrillas also detonated 
bombs attached to motorcycles, bicycles, animals, and human cadavers.
    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, between 70,000 and 100,000 landmines 
were deployed nationwide, and there were 1,155 registered landmine 
incidents during the year, a 23 percent increase over 2003. Guerrillas 
were responsible for over 75 percent of landmine incidents, which 
killed at least 182 persons. Thirty-six percent of landmine victims 
were civilians.
    Guerrillas failed to respect the injured and medical personnel. 
Both the FARC and the ELN frequently executed wounded prisoners, 
threatened and harassed doctors and nurses, and killed enemy combatants 
receiving medical care. For example, in February, the FARC kidnapped a 
nurse from her car in Armenia, Quindio Department.
    Guerrillas forcibly displaced peasants to clear key drug and 
weapons transit routes and remove potential government or paramilitary 
collaborators from strategic zones. Guerrillas also imposed de facto 
blockades of communities in regions where they had significant 
influence. For example, the FARC blockaded the towns of San Carlos and 
San Luis in Eastern Antioquia, and, on July 10, killed seven displaced 
residents of San Carlos who returned to the city without the FARC's 
authorization.
    According to government figures, attacks against public 
infrastructure decreased in almost all areas. Large-scale military 
operations and a permanent police presence in every municipality 
resulted in a 42 percent decrease in terrorist attacks through 
November. Most attacks on infrastructure affected roads, electrical 
towers, and oil pipelines. The Government recorded 116 attacks on 
electrical towers and 66 on oil pipelines through August, representing 
decreases of 64 and 17 percent, respectively. An increased military 
presence and quicker military reactions to threats against the pipeline 
reduced attacks against the Cano Limon-Covenas pipeline--the country's 
largest--by 50 percent, to 17. Attacks against communications towers, 
bridges, and aqueducts fell by approximately 90 percent, 77 percent, 
and 67 percent, respectively. However, attacks on public highways 
increased by 27 percent, to 138.
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, journalists regularly 
practiced self-censorship to avoid retaliation and harassment by 
criminals, members of illegal armed groups, and corrupt local 
officials.
    The National Television Commission continued to oversee television 
programming, although it did not censor substantive content.
    The Government did not use libel laws to suppress criticism or 
engage in direct or indirect censorship of the media. In March, 
prosecutors formally dropped libel charges filed in June 2003 against 
newspaper columnist Roberto Posada for publicly insinuating that 
prominent businessman Pedro Juan Moreno had links to paramilitaries. 
The media's reliance on government advertising revenues may have 
reduced its criticism of government actions and policies.
    National and international NGOs reported that media representatives 
regularly practiced self-censorship because of threats of violence from 
illegal armed groups and common criminals. At least 4 journalists went 
into voluntary exile during the first 9 months of the year, joining 20 
who left the country in 2002 and 2003.
    The security forces generally did not subject journalists to 
harassment, intimidation, or violence; however, there were exceptions, 
as well as reports of threats and violence against journalists by 
corrupt local officials. On February 4, for example, unidentified 
gunmen killed journalist Oscar Alberto Polanco as he departed the 
television station where he worked in Cartago, Valle del Cauca 
Department. Polanco had used his television show to criticize corrupt 
local government officials and institutions. In February, 
Barrancabermeja radio journalist Garibaldi Lopez reportedly received 
threatening phone calls from persons identifying themselves as friends 
of local government officials he had denounced for corrupt practices. 
In September, print journalist Cristian Herrera left the country after 
receiving threatening phone calls from unidentified persons warning him 
to stop reporting on violence, petty crime, and corruption in Cucuta, 
Norte de Santander Department. In June, local police had allegedly 
threatened Herrera after he and a photographer were discovered 
photographing a prisoner transfer at the city's airport. Herrera also 
reported being threatened on other occasions by the city's mayor and 
police chief. In December, the mayor was arrested for suspected links 
to paramilitaries.
    During the year, journalists were intimidated, threatened, 
kidnapped, and killed by members of illegal armed groups. According to 
information gathered by the Colombia Foundation for Press Freedom, as 
of November, 3 journalists were killed, at least 2 kidnapped, 1 
tortured, and at least 37 threatened with death.
    Paramilitaries threatened, kidnapped, and killed journalists. On 
January 28, two paramilitaries kidnapped and tortured Ines Pena, a 
television announcer and a member of the Popular Women's Organization 
in Barrancabermeja, Santander Department, and warned her to stop 
producing her television program (see Section 1.c.). On September 9, 
radio journalist Luis Alberto Castano fled the city of Libano, Tolima 
Department, after learning that paramilitaries planned to kill him. In 
September, investigative journalist Claudia Julieta Duque reported 
receiving telephone threats after investigating possible irregularities 
in the criminal trial of AUC leader Carlos Castano and alleged 
paramilitaries Juan Pablo Ortiz and Edilberto Antonio Sierra for their 
roles in the 1999 murder of prominent journalist Jaime Garzon. On March 
10, Castano, who had been tried in abstentia, was sentenced to 38 years 
in prison. Sierra and Ortiz were acquitted for lack of evidence. On 
October 15, the bodies of Milton Delgado and Milton Rosero, who hosted 
local television programs about social issues, were found along a 
roadway near the municipality of Florida in Valle del Cauca Department.
    Guerrillas also threatened, kidnapped, and killed journalists. For 
example, presumed guerrillas from the ELN's Carlos German Velasco Front 
posted a notice on the door of a radio station in Cucuta, Norte de 
Santander Department, identifying journalists Olga Lucia Cotamo, Angela 
Echeverri, and Fernando Fonseca as military objectives for allegedly 
sympathizing with government policies. On October 10, members of the 
FARC's Jacinto Matallana Mobile Column kidnapped television 
correspondent Luis Carlos Burbano and photographer Mauricio Mesa in the 
municipality of La Divina Pastora, on the border of Narino and Putumayo 
Departments. The FARC, which had accused Burbano and Mesa of espionage, 
released both journalists the following day after reviewing the team's 
recorded video footage.
    In October, the FARC kidnapped a journalist and cameraman from 
Canal Caracol in Santiago, Putumayo Department.
    The International Federation of Journalists operated an office in 
Bogota to monitor violence against the media and provide assistance to 
local journalists. The InterAmerican Press Association also ran its own 
rapid action unit in Bogota to help the Prosecutor General's Office 
investigate crimes against journalists. The Ministry of Interior 
operated a program for the protection of journalists that provided 
protection to 20 media representatives during the year. The Ministry of 
the Interior also supported an alerts network organized for journalists 
by providing a small number of radios and an emergency telephone 
hotline.
    The Government did not restrict access to the Internet.
    The Government did not restrict academic freedom. However, 
paramilitary groups and guerrillas maintained a presence on many 
university campuses to generate political support for their respective 
causes and undermine support for their adversaries through both violent 
and nonviolent means. Paramilitaries killed and threatened university 
professors and students they suspected of leftist sympathies. For 
example, on September 17, presumed paramilitaries killed Alfredo 
Correa, a university professor in Barranquilla. The Department of 
Administrative Security had arrested Correa on June 17 after an 
informant identified him as a member of the FARC's Caribbean Front. He 
had been released in early September after prosecutors concluded there 
was insufficient evidence to prosecute him.
    Guerrillas also killed, threatened, and kidnapped academics and 
their family members for financial and political reasons. For example, 
on September 8, the FARC kidnapped biology professor Margarita Escobar 
and five university students who were conducting field research near 
the municipality of Urrao, Antioquia department. All six were released 
on September 12 after the FARC announced that it had verified their 
academic credentials. Regional government authorities alleged the 
kidnapping was financially motivated. In July, the body of Bernardo 
Ernesto Velez was discovered near Canas Gordas, Antioquia Department. 
Velez, the brother of Education Minister Cecilia Velez, had been 
kidnapped by the FARC in 2001.
    Guerrillas used university campuses to plan, prepare, and carry out 
terrorist attacks.
    Both paramilitaries and guerrillas regularly threatened and killed 
public school teachers, especially at the high school level. According 
to the Presidential Program for Human Rights, through November, 57 
teachers were killed and 16 kidnapped.
    Paramilitaries and guerrillas targeted teachers because of their 
vocal opposition to forced recruitment of children by illegal armed 
groups; their pedagogical, labor, and community leadership; and their 
alleged dissemination of political propaganda in the classroom. 
Paramilitaries were responsible for most of these abuses. For example, 
on February 27, presumed paramilitaries killed teacher Ernesto Rincon, 
a leader in the local teachers union, in the municipality of Caldas, 
Boyaca Department. On May 7, presumed paramilitaries killed public 
school teacher and principal Jesus Alberto Campos in the city of Tame, 
Arauca Department. On May 18, unidentified individuals killed Isabel 
Toro after torturing her near the city of Yopal, Casanare Department. 
On May 26, members of the FARC killed a local teacher in San Andres, 
Antioquia Department. In April and May, in Tame, Arauca Department, the 
FARC killed two teachers. Threats and harassment caused many professors 
and students to adopt lower profiles and avoid discussing controversial 
topics. Some academics went into voluntary exile.
    In conjunction with FECODE and the Ministry of Education, the 
Presidential Program for Human Rights launched a special initiative to 
protect at-risk teachers. The program charges regional committees with 
investigating specific threats against teachers and, in some cases, 
facilitating at-risk teachers' relocation, with continued employment as 
educators, within the country.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. Freedom of association 
was limited in practice by threats and acts of violence committed by 
illegal armed groups against labor unions, indigenous groups, and NGOs 
(see Sections 4, 5, 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, and to 
perform marriages recognized by the State. When deciding whether to 
grant accession to the 1997 agreement, the Government considers a 
religion's total membership, its degree of popular acceptance within 
society, and other relevant factors, such as the content of the 
organization's statutes and its required behavioral norms. At year's 
end, 13 non-Roman Catholic religious bodies, including the Evangelical 
Council of Churches (CEDECOL), an umbrella organization of hundreds of 
small evangelical churches, were granted accession. No non-Christian 
religious group was a signatory to the 1997 public law agreement.
    Roman Catholicism was taught in public schools, but students had 
the option of opting out of sectarian religious instruction.
    Protestant churches 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 were exempt from the laws' requirements.
    On November 25, a team of prosecutors and investigators raided a 
small Taoist commune in a mountainous rural region of Santander 
Department based on information provided by eight former commune 
members that the commune's leadership was engaged in illegal 
activities. The commune's leaders claimed the government raid was part 
of a larger plot to close down the community. The community's 
insularity and isolation in a region with a significant guerrilla 
presence complicated efforts to gather accurate information concerning 
the allegations. The Government's investigation was ongoing at year's 
end.
    There were isolated reports of anti-Semitism, including graffiti 
painted on the exterior walls of synagogues and anti-Semitic statements 
in pamphlets published by small xenophobic organizations.
    Both paramilitaries and guerrillas harassed, threatened, and 
sometimes killed religious leaders and activists, although generally 
for political, rather than religious, reasons. The Presidential Program 
for Human Rights reported that illegal armed groups made numerous 
threats against priests and other religious workers, killed seven 
priests, and kidnapped three others. Nearly all these killings were 
attributed to leftist guerrillas, particularly the FARC. For example, 
in December the FARC kidnapped and killed Roman Catholic priest Javier 
Francisco Montoya near the town of Novita, Choco Department.
    On July 25, members of the ELN kidnapped Misael Vacca, the Roman 
Catholic Bishop of Yopal, Casanare Department. The ELN attempted to 
justify the kidnapping by claiming it had a political message for him 
to deliver to the Government. Vacca was released 3 days later following 
an army rescue operation that cut his captors off from the ELN 
commanders who allegedly prepared the message. Vacca had been involved 
in peace efforts between the Government, ELN, and right-wing 
paramilitary groups in Casanare.
    There was no ruling in the criminal trial of FARC commander John 
Fredy Jimenez and hired gunman Alexander de Jesus Zapata for the 2002 
killing of Isaias Duarte, the Roman Catholic Archbishop of Cali. In 
October, paramilitary Jimmy Matutte was sentenced to 32 years in prison 
for his involvement in the 1999 murder of Catholic priest Jose Luiz 
Maso and Spanish aid worker Inigo Eguiluz Telleria.
    According to the CEDECOL, as of September 30, illegal armed groups 
had killed 18 evangelical church leaders. The FARC was responsible for 
11 of these killings. For example, on September 4, three suspected FARC 
guerrillas opened fire during a prayer service in the Christian and 
Missionary Alliance Church of Puerto Asis, Putumayo Department. The 
gunmen killed 3 and wounded 14 others, including 2 children. The FARC 
inhibited the right to free religious expression in areas it 
controlled, forcing the closure of hundreds of evangelical churches, 
particularly in the southwestern part of the country.
    For a more detailed discussion, see the 2004 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 this right in practice; 
however, there were exceptions. In areas where counterinsurgency 
operations were underway, police and military officials sometimes 
imposed curfews or required civilians to obtain safe-conduct passes. 
Paramilitaries and guerrillas continued to establish illegal 
checkpoints on rural highways, although a larger and more visible 
government security presence along major highways cut kidnappings at 
illegal checkpoints by 43 percent and led to a major increase in 
intercity vehicular traffic.
    The Social Solidarity Network (RSS), the Government's displaced 
persons service agency, registered 137,315 displaced persons during the 
year, down from 219,469 in 2003 and 422,977 in 2002. The Consultancy 
for Human Rights and Displacement (CODHES), a human rights NGO 
specializing in displacement issues (see Section 4), estimated a 
smaller decrease in displacements, with 205,500 persons displaced 
during the first 9 months of the year, compared with 230,000 in 2003. 
Various explanations were advanced to explain the decline in 
displacements. The Government noted a larger state security presence 
throughout the country and a decrease in paramilitary violence related 
to the Government's ongoing negotiations with the country's largest 
paramilitary organization. CODHES and other NGOs asserted, however, 
that instead of displacing peasants, paramilitaries and guerrillas were 
forcibly preventing displacements. CODHES included as displaced persons 
coca producers who migrated in response to government drug eradication 
efforts, which substantially increased CODHES figures.
    The RSS had registered more than 1,565,765 displaced persons since 
1995; UNHCR estimated that more than 2 million persons in the country 
had been displaced at one time or another.
    Precise numbers of IDPs were difficult to obtain, since both NGOs 
and the Government reported that some persons were displaced more than 
once and many did not register with the Government or NGOs. The FARC 
and ELN discouraged IDPs from registering with the Government through 
force, intimidation, and disinformation, and guerrilla agents sometimes 
masqueraded as IDPs to sow doubt and discontent among the displaced 
population. Most IDPs were rural peasants displaced to large cities 
such as Bogota. According to the UNHCR, 22 percent of IDPs were 
indigenous or Afro-Colombian, which was proportionate to their 
percentage of the overall population. Paramilitaries and guerrillas 
continued to use forced displacement to gain control over strategic or 
economically valuable territory, weaken their opponents' base of 
support, and undermine government control and authority.
    The Government was unable to provide sufficient humanitarian 
assistance to the displaced, despite statutes and court rulings 
requiring it to do so. Many IDPs lived in unhygienic conditions with 
little access to health care and educational or employment 
opportunities. Government assistance for the displaced was provided 
principally through the RSS, the ICBF, and the Ministry of Social 
Protection. The ICRC provided substantial emergency humanitarian 
assistance to the displaced: Assistance was provided for the first 90 
days following a displacement, after which the Government and other 
organizations were expected to assist, which did not always occur in 
practice.
    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 or its 1967 Protocol, and the Government has 
established a system for providing assistance to refugees. In practice, 
the Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
cooperated with the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees and asylum seekers. 
The Government reserves the right to determine eligibility for asylum, 
based upon its own assessment of the nature of an applicant's claim. 
According to the Government, 237 recognized refugees resided in the 
country at the end of the year, and 34 persons sought refugee status. 
The Government approved 18 refugee cases involving 20 individuals. The 
Government refused 14 requests and 6 were still pending at year's end. 
The Government reported that no applications for asylum were filed 
during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, generally free and fair elections held on the basis 
of nearly universal suffrage. Active duty members of the Armed Forces 
and police may not vote, and civilian public employees, although 
eligible to vote, are not allowed to participate in partisan politics; 
however, legislation passed in November will allow them, beginning in 
2006, to participate in partisan politics (including the right to vote) 
during the 4 months immediately preceding a national election.
    In 2002, voters elected a bicameral legislature with a mix of 
independents and members of the traditional Liberal and Conservative 
parties. In the 2002 presidential election, voters elected Alvaro 
Uribe, a dissident Liberal running as an independent. Both elections 
were generally free and fair, in spite of a concerted campaign by 
terrorist organizations, such as the FARC and AUC, to disrupt or 
manipulate the outcome.
    Political parties generally operated without government 
interference. Parties that fail to garner 50,000 votes in a general 
election automatically are dissolved but can reincorporate at any time 
by presenting 50,000 signatures to the National Electoral Commission 
(CNE). However, political reforms approved in November that will take 
effect in 2006 raised the vote threshold that parties must meet to 
retain formal status and gain access to government funds. The Liberal 
and Conservative parties have long dominated politics, but the election 
of President Uribe as an independent in 2002 and the success of center-
left candidates in regional elections suggested the political arena was 
widening.
    The country suffered from endemic corruption and graft in both the 
public and private sectors, exacerbated by drug trafficking revenues 
that made corruption as effective a tool as violence for illegal armed 
groups and large drug trafficking organizations.
    According to the Colombian Confederation of Chambers of Commerce 
``Confecamaras,'' estimates of income lost to corruption varied between 
$2.5 million (5.75 million pesos) and $5 million (11.5 million pesos) 
annually. The World Bank estimated that corruption in government 
procurement cost the country $480 million (1.1 trillion pesos) 
annually. Government and private sector analysts agreed that a black 
market of illegal commissions governed incentives for many business 
transactions.
    The Government continued its Presidential AntiCorruption Program in 
alliance with the World Bank and 31 public institutions and NGOS. The 
alliance continued to examine the absence of genuine governance caused 
by corruption to design appropriate policies. Confecamaras managed 
programs promoting entrepreneurial and public ethics through corporate 
centers in the country's main cities.
    The Program encouraged the drafting of municipal and departmental 
transparency pacts, which are public agreements between elected 
officials and their constituents to implement efficiency and 
anticorruption programs. Such pacts were signed in the municipalities 
of Ibague, Tolima Department; Manizales, Caldas Department; and Pasto, 
Narino Department. The Program also established voluntary committees of 
private citizens to serve as monitors for the effective implementation 
of transparency pacts and developed a Culture of Lawfulness teaching 
module for the public schools. According to a July 2003 Transparency 
International survey, citizens considered Congress to be the country's 
most corrupt public institution.
    Corruption related to illegal armed groups was a serious problem. 
For example, on June 24, Ramiro Suarez, mayor of Cucuta, Norte de 
Santander Department, was detained by the Prosecutor General's Office 
for alleged ties to paramilitary groups.
    On December 23, the Prosecutor General's Office issued an arrest 
warrant for Casanare Department Governor Miguel Angel Perez for 
allegedly receiving $217,000 (500 million pesos) from paramilitary 
chief ``Martin Llanos'' to finance his 2003 political campaign.
    On March 31, the President of the Senate granted a team from the 
CTI--the investigative branch of the Prosecutor General's Office--
access to the office of the Senate's Human Rights Committee. The 
warrant-based search was based on allegations that committee staff sold 
fabricated death threats used by purchasers to bolster petitions for 
asylum in foreign countries.
    The Constitution and laws permit public access to government 
information. The Constitution allows all persons to access public 
documents. The Administrative Code addresses the right to access public 
documents and the right to review government information. The Code also 
provides for the right to consult public documents and receive 
expedited copies, unless the information relates to defense or national 
security and could be used to intimidate or embarrass private citizens.
    In 2003, the GOC launched the ``Colombia Online'' program, which 
focuses on transparency, efficiency, and clarity in government 
procurement practices. Increased Internet use helped create a climate 
of greater transparency by making public the terms of reference of 
bidding processes and eliminating onerous registration fees.
    There were no prohibitive fees to access government information, 
and there were no reports of serious abuses of the public information 
system. However, small-scale graft, in which low-level officials 
insisted on bribes to speed up access to information, was a problem.
    Paramilitaries sometimes threatened local officials. For example, 
on December 2, Evelio Munoz, the mayor of Florencia, Cauca Department, 
and his 19-member cabinet fled to the departmental capital of Popayan 
as a result of threats from paramilitaries.
    The FARC continued to threaten and commit acts of violence against 
government officials. The assassination of President Uribe remained a 
FARC priority. During the first 10 months of the year, 12 former 
mayors, 1 serving mayor, 1 former governor, and 18 serving city council 
members were killed. On January 21, suspected FARC operatives killed 
Marcos Ataya, the former mayor of Arauca City, Arauca Department. On 
August 27, members of the FARC killed Luis Alberto Zorro, mayor of the 
town of Chameza, Casanare Department. On August 22, the FARC kidnapped 
the indigenous mayor of Toribio, Cauca Department (see Sections 1.a. 
and 1.b.). On December 28, in its seventh attempt against his life, the 
FARC planted a bomb outside the office of Julio Acosta, Governor of 
Arauca Department.
    On October 28, 12 members of the FARC's Teofilo Forero Mobile 
Column raided the offices of the City Council of Neiva, Huila 
Department. The assailants killed a guard but were unable to reach 
council members gathered inside the building.
    Scores of other local officials throughout the country resigned 
because of threats from the FARC. More than 30 mayors who left office 
in January fled the country or were preparing to do so because of 
looming death threats. The Office of the Human Rights Ombudsman 
reported that at least 300 mayors conducted business from regional 
capitals via telephone and messenger because they were not safe in 
their own towns. In the first 3 months of the year, 32 city council 
members were displaced to capitals from their local offices. The 
Ministry of Interior operated a program for the protection of 
vulnerable populations that provided protection to 424 mayors, former 
mayors, and council members during the year.
    The FARC continued to hold several dozen politicians hostage to 
pressure the Government into a prisoner exchange (see Section 1.b.).
    There were 5 women--including the Minister of Foreign Affairs--in 
the 13-member cabinet, 11 women in the 102-member Senate, and 20 women 
in the 166-member House of Representatives, including its new 
President. There were 2 women on the 23-member Supreme Court, 2 women 
on the 13-member CSJ, and 1 woman on the 9-member Constitutional Court.
    A quota law requires that women be placed in at least 30 percent of 
nominated government posts, and the Government must report to Congress 
each year on the percentage of women in high-level government 
positions.
    There were four indigenous Senators, two of whom occupied seats 
reserved for indigenous persons, and one indigenous member of the House 
of Representatives. There were no indigenous cabinet members and no 
indigenous persons on any of the nation's high courts.
    There were two Afro-Colombian Senators and three Afro-Colombian 
members of the House of Representatives. There were no Afro-Colombian 
cabinet ministers and no Afro-Colombians on any of the nation's high 
courts.
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 conditions in the country. 
Government officials were cooperative and responsive to their views, 
although they often differed with NGO analyses of the human rights 
situation and government compliance with human rights standards.
    Over 60,000 human rights and civil society NGOs were registered in 
the country, although most existed only on paper. The most prominent 
domestic human rights NGOs included CCJ and the Jose Alvear Restrepo 
Lawyers' Collective, both of which focused on defending human rights 
through legal analysis and case work; 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; CSPP, which focused on the rights and treatment of persons 
detained for politically motivated crimes, particularly left-wing 
subversion; ASFADDES, the country's leading voice in demanding justice 
for the disappeared; 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; the Permanent Assembly of Civil Society for 
Peace, which served as a forum for regional and national NGOs to 
discuss key themes in the agenda for peace and nonviolent alternatives 
to the armed conflict; 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 antikidnapping 
efforts. The Truth for Colombia group was a relatively new association 
of small human rights NGOs that generally supported the Government's 
antiterrorism security policies
    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.
    The Government and prominent local NGOs tended to differ in their 
analysis of a serious and complex human rights situation. In 
particular, government statistics and evaluations of the human rights 
situation often contrasted with NGO statistics and analyses. These 
drastically divergent understandings of the human rights situation 
deepened already profound mutual suspicions.
    Discrepancies between government and NGO statistics partially could 
be explained by differences in terminology and methodology. For 
example, the Government defined a massacre as the intentional killing 
of four or more persons at the same time and place, while NGOs defined 
a massacre as the deaths of three or more persons. CINEP strictly 
followed legal conventions that define ``human rights violations'' as 
crimes that only can be committed by the State or state-sponsored 
actors, which led it to attribute, directly or indirectly, all ``human 
rights violations'' to the Government. The Government, on the other 
hand, defined human rights violations to encompass crimes by all 
illegal armed groups, whether paramilitaries or guerrillas, as well as 
the State. The Government based its data on information reported to 
government authorities, supplemented by press reports and confirmable 
NGO statistics. NGOs, on the other hand, relied primarily on citizen 
complaints and press reports, which in some cases were difficult to 
substantiate. The differing reporting techniques resulted in a 
government tendency to underreport violations and an NGO tendency to 
overreport violations.
    Although the Government generally did not interfere with the work 
of domestic human rights NGOs, some NGOs claimed criticisms made by the 
President put them at risk for retaliation by paramilitaries. Many 
domestic NGOs also contended that the Government arrested human rights 
activists arbitrarily, particularly in highly conflictive areas (see 
Section 1.d.).
    The Government asserted that many self-declared human rights 
activists actually were engaged in criminal activities that supported 
terrorism. For example, on February 18, authorities arrested Luz Perly 
Cordoba, the secretary general of the agricultural workers union 
FENSUAGRO and human rights director of the Arauca Peasants Association 
(ACA), for rebellion and criminal conspiracy. She was carrying a false 
identity document with a substituted photograph at the time of her 
arrest (see Section 6).
    The Government, through the Ministry of Interior and Justice and 
the DAS, allocated approximately $570,000 (1.25 billion pesos) to its 
program for the protection of human rights activists and many other 
vulnerable populations. The Government provided protection to over 29 
human rights activists during the year and bulletproofed 9 additional 
offices and residences.
    According to the CCJ, 13 human rights activists were killed and 2 
forcibly disappeared during the year; most of these killings were 
attributed to paramilitaries. On August 3, for example, suspected 
paramilitaries killed Fredy Arias, spokesman and human rights 
coordinator for the Kankuamo indigenous tribe, in Valledupar, Cesar 
Department (see Sections 1.a. and 5). Arias had spoken frequently about 
the human rights crisis affecting his indigenous community. On October 
6, suspected paramilitaries killed Ana Teresa Yance, a community leader 
in Medellin's working class Comuna 13 neighborhood, a former FARC 
militia stronghold.
    On May 4, four armed, masked men forcibly entered the offices of 
the Permanent Assembly of Civil Society for Peace, an umbrella 
organization of domestic NGOs, inventoried the office, and stole a cell 
phone and petty cash. Similar forced entries also occurred on October 
18 and November 10, when armed intruders attempted to take information 
stored on the Assembly's computer system. There were no suspects in any 
of the incidents at year's end.
    There were no new developments and none were expected in the 
Prosecutor General's investigation of the 2002 killing of Jose Rusbell, 
a member of the Joel Sierra Human Rights Committee in Arauca 
department.
    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. These international 
delegations sometimes received active government protection. The larger 
international NGOs, such as AI, Human Rights Watch, and the Washington 
Office on Latin America (WOLA), devoted equal attention to government 
forces, guerrillas, and paramilitaries. International NGOs criticized 
the Government not only for some direct violations of human rights, but 
also for high levels of impunity and its failure to sever effectively 
links between the military and paramilitaries.
    On May 27, in a speech in the city of Apartado, Antioquia 
Department, President Uribe implicitly criticized both Peace Brigades 
International and the Fellowship of Reconciliation for allegedly 
``obstructing justice.'' On June 16, during remarks to an audience of 
national police, Uribe explicitly criticized AI for failing to denounce 
immediately the FARC's massacre of 34 peasants the previous day. AI 
later denounced the atrocity and explained that it had waited to 
``verify the facts.'' Uribe and other government officials subsequently 
held a variety of meetings with international and local NGOs to 
reinitiate dialogue and increase trust; however, with limited success.
    On October 17, the Danish NGO Association Rebellion allegedly 
donated $8,500 (18 million pesos) to the FARC. The Government 
complained to Danish authorities and asked for the extradition of the 
organization's members. The Government of Denmark reportedly was 
conducting an investigation at year's end.
    The Government cooperated with international governmental 
organizations. The UNHCR, the International Organization for Migration 
(IOM), the International Labor Organization (ILO), the United Nations 
High Commissioner for Human Rights (UNHCHR), ICRC had an active 
presence in the country and were allowed to carry out their work 
without government interference.
    In March, UNHCHR opened its third regional office in Bucaramanga, 
Santander Department. The UNHCHR monitored and analyzed the national 
human rights situation and provided advice and assistance on human 
rights protection. The UNHCHR's mandate in the country runs through the 
end of President Uribe's term in 2006.
    In its human rights report for 2003, published in March, the UNHCHR 
once again issued 27 recommendations for improving the human rights 
situation in the country. Twenty-four of the recommendations were 
directed at the Government and the independent Prosecutor General's 
Office (see Section 1.e.). The UNHCHR and local NGOs reported that the 
Government had not fully complied with most of the recommendations by 
the end of the year. Throughout the year, the Government met with 
UNHCHR and local NGOs to discuss additional measures to comply with the 
recommendations. UNHCHR acknowledged progress on several of the 
recommendations, including establishing offices of the Inspector 
General and Human Rights Ombudsman throughout the country and improving 
the Early Warning System.
    The National Human Rights Ombudsman, who reports to the Inspector 
General (see Section 1.e.), is elected by the House of Representatives 
from a list of three candidates submitted by the President to serve a 
4-year term overlapping those of two presidents. The Office has the 
constitutional duty to ensure the promotion and exercise of human 
rights. In addition to providing public defenders for the indigent (see 
Section 1.e.), the Ombudsman's 34 regional offices served as a channel 
for complaints of human rights violations. The Ombudsman's Bogota 
Office was the headquarters of a national Early Warning System (SAT) 
designed to alert public security forces of impending human rights 
violations, particularly large-scale massacres.
    Volmar Antonio Perez served as Ombudsman by appointment of the 
President until August, when the House of Representatives elected him 
to a full term as Ombudsman. The office, with international assistance, 
continued to provide training to regional ombudsmen and conducted 
public education on human rights. Despite the Ombudsman's successes, 
resource constraints meant the office generally was underfunded and 
understaffed, limiting its ability to effectively monitor human rights 
violations or prevent their occurrence.
    In their role as human rights defenders, regional ombudsmen were 
under constant threat from illegal armed groups. For example, on April 
2, the military uncovered a FARC threat against Rafael Caro, the human 
rights ombudsman for La Guajira Department.
    The Government's Presidential Program for Human Rights and 
International Humanitarian Law, which operated under the authority of 
the Vice President, coordinates national human rights policy and 
actions taken by government entities to promote or protect human 
rights. It is the Government's primary interlocutor with domestic and 
international NGOs and with foreign governments on human rights issues. 
The Program publishes a regular Human Rights Observer magazine that 
provides analyses of major human rights issues and the human rights 
situation in disparate regions of the country.
    Both the Senate and House of Representatives have legally mandated 
human rights committees. The committees serve as fora for discussion of 
human rights issues but have no authority to draft legislation. They 
therefore lack prestige and have added little of substance to the 
national human rights debate.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution specifically prohibits discrimination based on 
race, sex, religion, disability, language, or social status; however, 
in practice, many of these provisions were not enforced

    Women.--The law prohibits domestic violence, including spousal 
abuse; however, it remained a serious problem. The Institute for Legal 
Medicine and Forensic Science reported 22,271 cases of domestic 
violence against women in 2003, but noted that only a small percentage 
of these cases were brought to its attention. The law provides legal 
recourse for victims of domestic violence. Judicial authorities may 
remove an abuser from the household and require therapy or reeducation. 
According to the Ministry of Justice and Interior, 1,290 persons were 
charged criminally for domestic violence during the year; 256 were 
convicted. The law stipulates that the Government must provide victims 
of domestic violence with immediate protection from physical or 
psychological abuse. Through its ``Make Peace'' program, the Colombian 
Family Welfare Institute (ICBF) provided safe houses and counseling for 
victims; however, its services were dwarfed by the magnitude of the 
problem. In addition to fulfilling traditional family counseling 
functions, the ICBF's 531 family ombudsmen were assigned a total of 
18,686 domestic violence cases in 2003. The Human Rights Ombudsman's 
Office conducted regional training workshops to promote the application 
of domestic violence statutes.
    The law prohibits rape and other forms of sexual violence, 
including by a spouse; however, it remained a serious problem. In 2003, 
the Institute for Legal Medicine and Forensic Science reported 8,666 
cases of suspected sex crimes, including rape, but noted that, like 
cases of domestic violence, only a small percentage of such crimes were 
reported. Paramilitaries and guerrillas raped, sexually abused, and, in 
some cases, sexually mutilated women and children for allegedly 
fraternizing with the enemy, working as prostitutes, having sexual 
relations outside of marriage, or violating imposed codes of conduct or 
restrictions on dress. The Penal Code provides for sentences of between 
4 and 40 years for crimes against sexual freedom and human dignity, 
including rape, sex with a minor, sexual abuse, induction into 
prostitution, and child pornography. The maximum sentence for violent 
sexual assault is 15 years; the minimum sentence is 8. 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. The ICBF provided support to victims of sexual violence.
    In October, AI reported that women and girls in the country were 
subjected to a continuum of violence ranging from domestic violence to 
violence related to the internal armed conflict. AI accused all parties 
to the conflict of abusing women, but especially paramilitaries and 
guerrillas.
    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, 
especially in coastal cities such as Cartagena and Barranquilla, where 
marriage and dating services were often fronts for sexual tourism.
    Trafficking in women for sexual exploitation continued to be a 
problem (see Section 5, Trafficking).
    There were no laws prohibiting sexual harassment, and it remained a 
pervasive problem.
    The Constitution prohibits discrimination against women and 
specifically requires authorities to ensure adequate and effective 
participation by women at decision-making levels of public 
administration. However, discrimination against women persisted. 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 16.5 percent, 
compared with 5 percent for men. 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 train them in 
parenting skills, women's groups reported that single mothers continued 
to face serious economic and social problems. According to a 1997 
Constitutional Court ruling, a woman's decision to bear a child cannot 
be considered just cause for firing her if she is pregnant or the 
mother of a child under 3 months of age. There were no published 
reports of such firings during the year.
    NGOs, such as the Popular Women's Organization in Barrancabermeja, 
Santander Department, and the Women's Path to Peace, in Medellin, 
Antioquia Department, worked on women's issues, particularly peace 
initiatives.

    Children.--The Constitution imposes an obligation on the family, 
society, and the State to protect children, foster their development, 
and ensure their ability to exercise fully their rights; however, these 
obligations were not fulfilled completely. The Children's Code 
describes these rights and establishes the services and programs 
designed to enforce the protection of minors. The ICBF oversees all 
government child protection and welfare programs and also funds 
nongovernmental programs that benefit children.
    The Constitution stipulates that the State must provide a free 
public education for children between the ages of 6 and 15; however, 
the National Department of Statistics (DANE) estimated that 75 percent 
of children between ages 6 and 15 attended school. By law, a primary 
education is universal, compulsory, and free. The Government covered 
the basic costs of primary education, although many families faced 
additional expenses such as matriculation fees, books, school supplies, 
and transportation costs that often were prohibitive, especially for 
the rural poor.
    The law requires the Government to provide medical care to 
children, and boys and girls had equal access to such care. However, 
medical facilities were not universally available, especially in rural 
areas.
    Child abuse was a serious problem. The National Institute for Legal 
Medicine and Forensic Sciences reported 7,844 cases of child abuse in 
2003. According to the Association Against Child Abuse, less than 5 
percent of child abuse cases were reported to government authorities. 
Although final statistics were unavailable for the year, the National 
Institute for Legal Medicine and Forensic Sciences estimated that of 
the 8,666 cases of suspected sex crimes reported to it in 2003, 70 
percent involved the sexual abuse of children, the vast majority under 
them under 14. The ICBF estimated that 25,000 children were victims of 
sexual exploitation, and it provided assistance, both directly and 
through other specialized agencies, to more than 14,400 of them during 
the year.
    According to UNICEF, an estimated 35,000 adolescents worked as 
prostitutes, in spite of legislation prohibiting sex with minors and 
the employment of minors for prostitution. Children also were 
trafficked for sexual exploitation (see Section 5, Trafficking).
    Persons under 18 are prohibited from serving in the public security 
forces; however, both paramilitaries and guerrillas used child 
soldiers. In October, the IOM estimated that between 6,000 and 11,000 
children in the country were members of illegal armed groups; UNICEF 
reported that the number was as high as 14,000. The Ministry of Defense 
estimated that 40 percent of FARC members were minors and that most 
guerrilla fighters had joined the FARC ranks as children. Both 
paramilitaries and guerrillas forcibly recruited minors as combatants.
    Although many minors were recruited forcibly, a 2002 study by 
UNICEF 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 Ministry of Defense 
reported an increase in the number of minors deserting illegal armed 
groups. At least 529 children surrendered to state security forces 
during the year. Illegal armed groups frequently threatened children to 
thwart them from leaving terrorist ranks. For example, in October, 
three former child soldiers described how the AUC forced them to march 
several days to an isolated training camp, where they were told they 
would be tortured and their families killed if they tried to escape. 
FARC child deserters also 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 505 children during the year. The remaining 
24 children received assistance from their indigenous communities.
    Paramilitary groups released some child soldiers as a prelude to 
demobilizations negotiated with the Government (see Section 1.g.).
    Child labor was a problem (see Section 6.d.).
    According to UNHCR, 74 percent of all IDPs were women and children 
(see Section 2.d.). The Human Rights Ombudsman's Office estimated that 
15 percent of displaced children attended school. Displaced children 
especially were vulnerable to physical abuse, sexual exploitation, and 
recruitment by criminals.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked to, from, or 
within the country.
    The Criminal Code provides 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, 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, although limited resources 
hindered prosecutions. Between 2000 and July, the Prosecutor General's 
Office opened 280 investigations into trafficking cases, of which 41 
cases resulted in arrests and 25 went to trial.
    A government advisory committee composed of representatives of the 
Presidency, the Ministry of Foreign Affairs, the Ministry of Interior 
and Justice, the DAS, the Office of the Inspector General, the Office 
of the Prosecutor General, the Office of the Human Rights Ombudsman, 
the National Registrar's Office, the National Police, the ICBF, the 
Presidential Program for Human Rights, and Interpol met every 2 months 
to discuss trafficking in persons. The committee prepared information 
campaigns, promoted information exchange between government entities, 
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. During the year, the DAS worked with its counterparts to 
capture a Spanish trafficker in the coffee region who subsequently was 
extradited to Spain and sentenced to 18 years in prison. To protect 
citizens trafficked to other countries, government foreign missions 
provided legal aid and social welfare assistance. The Ministry of 
Foreign Affairs and Missions abroad worked closely with the IOM to 
repatriate victims. In addition, IOM provided antitrafficking training 
to consular officers. During the year, IOM received information 
regarding 141 cases of trafficking in persons. Information concerning 9 
of these cases came from diplomatic missions overseas.
    The country was a source for trafficking in persons, primarily for 
sexual purposes, and principally to Europe and Asia. Destination 
countries with large numbers of victims included Spain, Japan, and Hong 
Kong. Victims also were trafficked to the United States and other Latin 
American countries. According to the DAS, an estimated 45,000 to 50,000 
women worked overseas as prostitutes. Many of them were trafficking 
victims. The vast majority of trafficking victims were young women, 
although children and young men were also at risk. Female trafficking 
victims were at a high risk for sexually transmitted diseases, unwanted 
pregnancies, and forced abortions.
    Many traffickers disclosed the sexual nature of the work they 
offered but concealed information about working conditions, clientele, 
and compensation. Others disguised their intent by 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 nonexistent jobs abroad. Most 
traffickers were well-organized and linked to narcotics or other 
criminal organizations. Internal trafficking--largely a result of the 
armed conflict--also was a problem.
    The IOM strengthened government institutions involved in 
antitrafficking efforts and assisted trafficking victims. Specifically, 
the IOM trained 2,982 officials in 38 regional training sessions on 
trafficking issues and provided victims with job training and 
employment opportunities through 13 regional projects that directly 
benefited 936 persons. The IOM also helped victims obtain necessary 
medical and psychological care. The Hope Foundation, an antitrafficking 
NGO, provided educational information, social support, and counseling 
to trafficking victims. In February, with the support of the IOM, the 
Foundation launched an information campaign to assist travelers in 
Bogota's international airport. The Rebirth Foundation also provided 
assistance to trafficking victims, particularly children.
    The IOM continued its major antitrafficking public relations 
campaign that included placing large posters in airports, foreign 
consulates, and travel agencies, and running professionally produced 
public service announcements on television.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. There is no law 
mandating access to public buildings for persons with disabilities. The 
law provides persons with physical disabilities access to voting 
stations. The social security fund for public employees cannot refuse 
to provide services for children with disabilities, regardless of the 
costs involved.

    National/Racial/Ethnic Minorities.--Approximately 22 percent of the 
population was of African origin. Afro-Colombians are entitled to all 
constitutional rights and protections; however, they faced significant 
economic and social discrimination. Seventy-four percent of Afro-
Colombians earned less than minimum wage. Choco, the department with 
the highest percentage of Afro-Colombian residents, had the lowest per 
capita level of social investment and ranked last in terms of 
education, health, and infrastructure. It also continued to experience 
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.
    The Government had yet to implement the provisions of the 1993 law 
designed to benefit Afro-Colombians by expanding public services and 
private investments and providing for collective titles to some Pacific 
coastal lands.

    Indigenous People.--The Constitution gives special recognition to 
the fundamental rights of indigenous people, who comprise approximately 
2 percent of the population.
    By law, indigenous groups have perpetual rights to their ancestral 
lands. Traditional Indian authority boards operated approximately 545 
reservations as municipal entities, with officials selected according 
to indigenous traditions. However, approximately 200 indigenous 
communities had no legal title to lands they claimed, and illegal armed 
groups often violently contested indigenous land ownership. The 
National Agrarian Reform Institute (INCORA) administered a program to 
buy back lands declared to belong to indigenous communities.
    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.
    Indigenous leaders complained about the occasional presence of 
government security forces on indigenous reservations and asked that 
the Government consult with indigenous authorities prior to taking 
military action against paramilitaries and guerrillas in such areas. 
The Government was respectful of such requests but stated that for 
security reasons, it could not provide advanced notice of most military 
operations.
    The Ministry of Interior and Justice, through the Office of 
Indigenous Affairs, is responsible for protecting the territorial, 
cultural, and traditional rights of indigenous people. Ministry 
representatives resided in all regions of the country and worked with 
other governmental human rights organizations and NGOs to promote 
indigenous interests and investigate violations of indigenous rights.
    Despite special legal protections and government assistance 
programs, indigenous people continued to suffer discrimination and 
often lived on the margins of society.
    Members of indigenous communities continued to be victims of all 
sides in the internal conflict. According to the Presidential Program 
for Human Rights, 85 indigenous people were killed during the year, at 
least 15 by paramilitaries, 12 by the FARC, and 2 by the ELN. For 
example, on February 27, paramilitaries killed three indigenous people 
in the port city of Buenaventura, Valle del Cauca Department. On March 
10, the FARC killed three indigenous members of the Embera Chami tribe 
in Mistato, Risaralda Department. On August 3, paramilitaries killed 
indigenous leader and human rights defender Freddy Arias in the city of 
Valledupar, Cesar Department (see Section 4). On December 7, the FARC 
killed three leaders of the Embera Katio tribe in the city of Apartado, 
Antioquia Department. On September 8, the FARC released Arquimides 
Vitonas and Gilberto Munoz, indigenous leaders in the community in 
Toribio, Cauca Department, who had been kidnapped on August 23 after 
venturing into a FARC-controlled area (see Sections 1.b. and 3). The 
Ministry of Interior operated a protection program that provided 
protection to 32 indigenous leaders during the year.
    The UNHCHR strongly criticized threats and violence against 
indigenous communities and characterized government investigations of 
human rights violations against indigenous groups as inadequate. The 
National Organization of Indigenous Persons (ONIC) reported many 
incidents in which illegal armed groups forcibly recruited indigenous 
people or obligated them to collaborate, restricted indigenous people's 
freedom of movement, blockaded indigenous communities, or accused 
indigenous people of sympathizing with their adversaries.
Section 6. Workers 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 performing ``essential public services'' as defined 
by law, and the Government respected this right in practice. However, 
violence against union members and antiunion discrimination remained 
obstacles to joining unions and engaging in trade union activities, and 
the number of unions and union members continued to decline. According 
to the National Labor College (ENS), a Medellin-based NGO that 
collects, studies, and consolidates information on organized labor, 
there were 2,357 unions registered in the country at the end of the 
year, with 856,099 members, or approximately 4 percent of the labor 
force.
    The Labor Code provides for automatic recognition of unions that 
obtain 25 signatures from potential members and comply with a 
registration process; however, this process was slow and sometimes took 
years. The Government can 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 
considered this amendment to be inconsistent with freedom of 
association, since it believed that only an administrative authority 
should conduct investigations when there are reasonable grounds to 
believe that an offense has been committed.
    Labor leaders continued to be targets of attacks by illegal armed 
groups, primarily for political reasons. According to the ENS, as of 
August 31, 3 union members were kidnapped, 2 disappeared, 276 were 
threatened with death, 2 survived attempts on their lives, and 47 were 
killed. By comparison, 62 trade union members were killed during the 
same period in 2003. Of those killed, all but one were members of 
unions affiliated with the United Workers Central (CUT), the country's 
largest and most left-leaning labor federation. The Ministry of Social 
Protection asserted that 24 of the 47 trade unionists were killed 
because of trade union activity, while the others were targeted for 
political activities or died in personal disputes. The ENS, on the 
other hand, noted a stronger correlation between trade unionists' 
deaths and their labor activism, noting that 16 of those killed were 
board members or union or federation directors who were involved in 
labor disputes at the time they were killed.
    While noting that killings of trade union leaders had declined, the 
ILO Committee of Experts nonetheless noted what it called a 
``persistent climate of violence'' in the country. Violence against 
trade unionists was limited generally to regions contested by multiple 
illegal armed groups. According to the ENS, 66 percent of trade 
unionist killings occurred in 5 of the country's most conflictive 
departments: Arauca, Atlantico, Antioquia, Magdalena, and Valle del 
Cauca. Illegal armed groups disproportionately targeted educators, who 
represented approximately one-third of the organized work force. 
According to the ENS, 20 teachers were killed and 254 received death 
threats during the first 8 months of the year (see Section 2.a.).
    In 70 percent of incidents of violence against trade union members, 
the ENS was unable to determine which illegal armed group was 
responsible. Based on available information, the ENS attributed 37 
percent of these crimes to paramilitaries. The CUT claimed that 
paramilitaries were responsible for 97 percent of the violence against 
its members through April. On April 15, alleged paramilitaries killed 
Carlos Alberto Chicaiza, a leader of SINTRAEMSIRVA, a local government 
workers union affiliated with the CUT, while he was traveling from Cali 
to Palmira, Valle del Cauca Department. On July 15, two unidentified 
gunmen killed Carmen Elisa Nova, a leader of the CUT-affiliated 
SINTRAHOSPICLINICAS, a medical workers union, in Bucaramanga, Santander 
Department. On September 7, the Office of the Prosecutor General 
arrested Lieutenant Juan Pablo Ordonez and soldiers Oscar Saul Cuta and 
Jhon Alejandro Hernandez of the Army's 18th Brigade for the August 5 
killing of labor leaders Jorge Prieto, Leonel Goyeneche, and Hector 
Alirio Martinez. The Office of the Prosecutor General previously had 
issued warrants for the arrest of all three labor leaders on suspicion 
of membership in the ELN. The soldiers alleged the three trade union 
members had been shot in a skirmish; however, a forensic examination 
conducted by the Office of the Prosecutor General concluded they likely 
were executed.
    Guerrilla groups killed, kidnapped, and threatened trade union 
members for political and financial reasons. For example, on June 23, 
the FARC's 34th Front released Luis Carlos Herrera, vice president of a 
government workers union in Antioquia, after the departmental 
government agreed to launch a development project in a FARC-controlled 
area.
    Some labor leaders alleged the Government attempted to marginalize 
trade unions by arbitrarily arresting trade union members on suspicion 
of engaging in terrorist activity. According to the ENS, as of August 
31, security forces had arbitrarily detained 51 trade unionists, 
including Luz Perly Cordoba, Secretary General of FENSUAGRO, an 
agricultural workers union in Arauca department. Authorities arrested 
Cordoba on February 18 and charged her with rebellion and subversion 
for alleged ties to the FARC's Northeast Bloc. On August 6, the Office 
of the Inspector General ruled there was sufficient evidence to proceed 
to trial against Cordoba. On March 29, a judge dismissed charges 
against Hernando Hernandez, former president of the National Oil 
Workers Union (USO), stating there was insufficient evidence to proceed 
to trial. Hernandez had been charged with rebellion and subversion for 
alleged ties to the ELN.
    Union leaders contended that perpetrators of violence against 
workers operated with virtual impunity. There were few successful 
prosecutions of crimes against trade union members. A major obstacle to 
bringing cases to trial was witnesses' reluctance, for personal 
security reasons, to testify or come forward with information. 
Prosecutors and judicial investigators frequently were subject to 
threats, intimidation, or coercion by illegal armed groups. According 
to the Ministry of Social Protection, approximately 70 percent of cases 
involving the killings of trade unionists since 1994 remained in the 
preliminary investigative stage despite a regulation requiring cases to 
be brought to trial or closed within 2 years. Action on 18 percent of 
cases was suspended due to lack of evidence. Approximately 4 percent of 
cases had been brought to trial. In January, however, authorities 
arrested Adolfo Hickly for his suspected involvement in the 2002 
killing of Adolfo Munera, a leader of SINALTRAINAL, a food and beverage 
workers union, in Barranquilla, Atlantico Department. Several labor 
organizations continued to pursue civil suits against alleged authors 
of paramilitary antilabor violence. For example, SINTRAMINERGETICA's 
2003 civil suit in a foreign court against the Drummond Company, which 
operated a large coalmine in Cesar Department, alleged that the company 
ordered or acquiesced in local paramilitaries' killings of three union 
activists.
    During the year, the Government and the country's three principal 
labor federations finalized development of a work plan for the Inter-
Institutional Commission for the Promotion and Protection of Worker's 
Human Rights. The Commission is charged with preventing human rights 
violations against union members and promoting and protecting freedom 
of association, collective bargaining, and the right to strike.
    To improve the security of particularly vulnerable union leaders, 
the Government increased resources devoted to the Ministry of Interior 
and Justice's protection program for trade union leaders. During the 
year, the program secured 19 union headquarters and residences, and, 
since 1999, has provided protection to 5,681 union members and 
activists. Although trade union leaders acknowledged the benefits of 
the program, they still complained that its resources were insufficient 
to protect the large number of threatened trade unionists adequately. 
The Executive Council of the CUT also complained that labor unions were 
not given an adequate voice in the administration of the program. The 
Presidential Program for Human Rights established a program to relocate 
at-risk teachers (see Section 2.a.).
    The Constitution prohibits antiunion discrimination. However, a 
number of long-standing ILO criticisms of the Labor Code challenged the 
scope and effectiveness of this provision. Specifically, the ILO 
criticized: 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 trade once 6 months have passed 
following a strike or dispute; the requirement that candidates for 
trade union offices belong to the occupation that their unions 
represent; the prohibition of strikes in a wide range of public 
services that are not necessarily essential; the Government's power 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.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for workers' right to organize and bargain 
collectively, and the Government respected this right in the private 
sector; however, collective bargaining had not been implemented fully 
in the public sector. High unemployment, a large informal economic 
sector, traditional antiunion attitudes, and violence against trade 
union leaders made organizing unions difficult. Weak union organization 
and a requirement that trade unions represent a majority of a company's 
workers to negotiate on their behalf limited workers' bargaining power 
in all sectors. There are no special laws or exemptions from regular 
labor laws in export processing zones. Labor law applies in the 
country's 15 free trade zones, and its standards were enforced.
    Collective pacts between individual workers and their employers 
were not subject to collective bargaining and were used by employers to 
complicate and discourage labor organization.
    The growing prevalence of workers' cooperatives further diminished 
collective bargaining. Workers' cooperatives are required to register 
with the Superintendent of Economic Cooperatives, which places the 
number of such cooperatives at 1,500 and the number of associated 
workers at 150,000. Workers' cooperatives are obligated to provide 
compensation at least equivalent to the minimum wage and the same 
health and retirement benefits as other workers receive. Government 
investigations revealed irregularities or abuses in 75 percent of 
workers' cooperatives. Investigators discovered that most cooperatives 
engaged in subcontracting and, in some cases, that private sector 
employers had forced workers to form cooperatives and were themselves 
managing the cooperatives' day-to-day operations. The Government has 
the authority to fine violators but has no recourse to shut down repeat 
offenders. In practice, nominal fines assessed by the Government did 
little to dissuade violators. In September, the Government rescinded 
specific tax breaks enjoyed by workers' cooperatives.
    The Constitution provides for the right to strike, and workers 
exercised this right in practice; however, members of the armed forces, 
police, and persons executing ``essential public services'' as defined 
by law were not permitted to strike.
    Before staging a legal strike, public sector unions must negotiate 
directly with management and accept mediation if they cannot reach an 
agreement. The law prohibits the use of strikebreakers. Legislation 
that prohibits public employees from striking is still in effect, 
although it often was overlooked. By law, public employees must accept 
binding arbitration if mediation fails.
    Various high profile strikes occurred during the year. On April 22, 
the USO declared a ``political strike'' to protest government plans to 
restructure Ecopetrol, the country's state-owned oil company. The 
strike, which lasted 35 days, was declared illegal by the Government on 
the basis of a 1995 Constitutional Court decision ruling that all 
hydrocarbon sector employees perform ``essential public services.'' 
Approximately 250 USO workers were dismissed for participating in the 
strike. As part of the settlement, a voluntary arbitration tribunal was 
established to determine on a case-by-case basis whether dismissed 
workers should be reinstated.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits slavery and any form of forced or compulsory labor, including 
by children, and there were no reports that such practices occurred in 
the formal sector.
    Paramilitaries and guerrillas practiced forced conscription (see 
Section 5). There were some reports that guerrillas and paramilitaries 
used forced labor, including child labor, in areas outside full 
government control (see Section 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Constitution prohibits the employment of children under 14 in most 
occupations, 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 DANE, 
nearly 15 percent of children were employed. In October 2003, a 
National Committee for the Eradication of Child Labor, which included 
officials from the Ministries of Social Protection, Education, and 
Communications, as well as representatives of unions, employer 
associations, and NGOs, implemented the Government's 2003-06 Third 
National Plan to Eradicate Child Labor. The Action Plan includes 
specific goals and strategies to protect children by updating 
information on child labor, strengthening the education system, 
actively searching for child workers and removing them from the 
workplace, and improving cooperation and coordination at the 
departmental and municipal levels.
    The Government has ratified ILO Convention 182 but has not 
deposited the instrument of ratification with the ILO, pending review 
of an ILO-prepared legal opinion on whether the Government can be held 
responsible for forced conscription of child soldiers by illegal armed 
groups (see Section 5).
    The 1989 decree that established the Minors Code categorically 
prohibits the employment of children under 12 and strictly limits work 
by children ages 12 and 13. It also requires exceptional conditions and 
the express authorization of the Ministry of Labor to employ children 
between 12 and 17. Children under 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 a maximum of 6 hours a day, and children ages 16 and 17 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 5 percent of working children possessed the required work 
permits.
    According to a recent report released by parastatal company Mineros 
de Colombia, between 200,000 and 400,000 children worked in illegal 
gold, clay, coal, emerald, limestone, and other mining operations. 
Children also worked extensively in agriculture, primarily on 
subsistence family farms. According to DANE, approximately 200,000 
children worked as coca pickers or in other aspects of the illegal drug 
trade. The legal minimum age for work was inconsistent with completing 
a basic education, and only 38 percent of working children attended 
school.
    Although there were no reports 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), prostitutes (see 
Section 5), or coca pickers. The Minors Code provides for fines ranging 
from 1 to 40 minimum monthly salaries for violations of child labor 
laws. If a violation is deemed to have endangered a child's life or 
threatened his or her moral values, sanctions also can include the 
temporary or permanent closure of the guilty establishment. In the 
formal sector, the Ministry of Social Protection enforced child labor 
laws through periodic inspections.
    The Ministry had inspectors in each of the country's 32 departments 
and the national capital, responsible for certifying and conducting 
repeat inspections of workplaces that employed children; however, the 
system lacked resources and covered 20 percent of the child labor force 
employed in the formal sector of the economy.
    The National Committee for the Eradication of Child Labor conducted 
training on legislation and enforcement for approximately 600 public 
officials in 7 departments and created an information system on child 
labor to better measure and understand the problem. The Government, the 
major labor federations, and media representatives published articles, 
broadcast documentaries, and launched other outreach programs to 
delegitimize child labor. UNICEF continued a program to encourage 
children to leave the workforce and return to school.

    e. Acceptable Conditions of Work.--The Government sets a uniform 
minimum wage every January that serves as a benchmark for wage 
bargaining. The monthly minimum wage, set by tripartite negotiations 
among representatives of business, organized labor, and the Government, 
was approximately $140 (358,000 pesos). Because the minimum wage is 
based on the Government's target inflation rate, the minimum wage has 
not kept up with real inflation. The national minimum wage did not 
provide a decent standard of living for a worker and family. An 
estimated 47 percent of workers earned wages that were insufficient to 
cover the costs of the Government's estimated low-income family 
shopping basket.
    The Labor Code provides for a regular workday of 8 hours and a 
regular workweek of 48 hours. The Code stipulates that workers are 
entitled to receive premium compensation for additional hours worked 
and for work performed on Sundays. The law requires employers to 
provide premium pay for work performed between the hours of 10 p.m. and 
6 a.m.
    Legislation provides comprehensive protection for workers' 
occupational safety and health, which the Ministry of Social Protection 
enforced through periodic inspections. However, a lack of government 
inspectors, poor public safety awareness, and inadequate attention by 
unions resulted in a high level of industrial accidents and unhealthy 
working conditions. The Social Security Institute reported 148,835 
work-related accidents through the first 8 months of the year, 
resulting in 363 deaths. Workers in the informal sector sometimes 
suffered physical or sexual abuse.
    The Labor Code provides workers with the right to remove themselves 
from a hazardous work situation without jeopardizing continued 
employment. However, unorganized workers, particularly those in the 
agricultural sector, often continued working in hazardous conditions 
because they feared losing their jobs if they criticized abuses.

                               __________

                               COSTA RICA

    Costa Rica is a constitutional democracy governed by a president 
and unicameral Legislative Assembly directly elected in free multiparty 
elections every 4 years. The presidential term of Abel Pacheco de la 
Espriella, of the Social Christian Unity Party (PUSC), began in May 
2002, after he won 58 percent of the vote in a fair and free election. 
The judiciary is independent.
    The 1949 Constitution abolished the military forces. The Ministry 
of Public Security--which includes specialized units such as the anti-
narcotics police--is responsible for law enforcement and shares 
national security responsibility with the Ministry of the Presidency. 
The judicial investigative police, part of the judicial branch of 
government, conduct most criminal investigations. Civilian authorities 
maintained effective control of the security forces. Some members of 
the security forces committed isolated human rights abuses.
    The market economy was based primarily on light industry, tourism, 
and agriculture; the country's population was approximately 4 million. 
Real gross domestic product growth was 3.9 percent, compared with 5.6 
percent in 2003. Wage growth for public and private sector employees, 
estimated at 8.5 percent and 11 percent respectively, did not keep pace 
with the 13.13 percent rate of inflation.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a few areas. There were some 
instances of physical abuse by police and prison guards, and 
penitentiary overcrowding remained a problem. The judicial system 
processed some criminal cases very slowly, resulting in lengthy 
pretrial detention for some persons charged with crimes. Press freedom 
was a problem, with some journalists practicing self-censorship to 
avoid accusations of libel, defamation, and the associated criminal 
penalties involved if convicted of such crimes. Domestic violence was a 
serious problem, and traditional patterns of unequal opportunity for 
women remained. Abuse of children also remained a problem, and child 
prostitution was a serious problem. Trafficking in persons was a 
problem. Child labor persisted, in spite of government efforts to 
eradicate it.
                        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 
politically motivated killings by the Government or its agents; 
however, in June, security forces shot and killed a man fleeing from 
the scene of a domestic disturbance. The police officers reported that 
they were unaware they had injured the man, whose body was discovered a 
day later in the field into which he had fled. At year's end, the 
investigation of the shooting continued, and the police officer 
involved was fired for an unrelated matter.

    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 holds 
invalid any statement obtained through violence; however, members of 
the security forces were responsible for some physical abuse. The 
Ombudsman's office was effective in lodging and recording complaints of 
police misconduct (see Section 4).
    As of August, the Ombudsman's office had received 39 reports of 
police abuse of authority or misconduct. Of these, 20 reports still 
were being investigated, 8 were determined to be legitimate, and 11 
were determined to be without merit.
    Prison conditions generally met international standards; however, 
overcrowding, poor sanitation, lack of health services, and violence 
among prisoners were common. As of August, the Ombudsman's office 
received 14 complaints of physical abuse of prisoners by guards, of 
which 11 were still being investigated, and 3 were determined to be 
without merit. The office also received 163 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 163 complaints, 89 were still being investigated, 15 were 
determined to be legitimate, and 59 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 abuse was common. On July 
20, a prison guard was arrested for smuggling narcotics into a San Jose 
prison. The Social Adaptation Division of the Ministry of Justice 
reported that seven Ministry employees were imprisoned, and another 
five employees were awaiting trial for smuggling narcotics into 
prisons.
    Penitentiary overcrowding remained a problem. As of October, the 
Social Adaptation Division of the Ministry of Justice reported a total 
of 13,692 persons under its supervision, including 7,611 jailed 
prisoners, 936 persons required to spend nights and weekends in jail, 
4,545 persons in supervised work programs requiring no jail time, and 
600 juveniles. The overall prison overpopulation rate was 10 percent; 
however, crowding was more severe in several small jails. Problems at 
La Reforma prison complex, the country's largest, and San Sebastian 
prison drew attention to conditions in those institutions. Conditions 
at the young adult prison in the La Reforma complex were so poor that 
the Public Defender presented a case before the Supreme Court calling 
for the construction of a new facility to house young adults convicted 
of crimes while minors. Despite a judicial order that required the 
Ministry of Justice to develop a solution, at year's end, the prison 
continued to hold young adult prisoners. The Ombudsman attributed the 
problems at La Reforma to overcrowding, deteriorating 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 a poorly functioning drug-rehabilitation program.
    Prisoners usually were separated by sex and by level of security 
(minimum, medium, and maximum); however, overcrowding sometimes 
prevented proper separation. As of October, the Ministry of Justice 
reported a total of 1,149 women under its supervision, including 527 
jailed prisoners, 151 persons required to spend nights and weekends in 
jail, 447 persons in supervised work programs requiring no jail time, 
and 24 female juveniles. Female prisoners were held separately in 
conditions that generally were considered fair, although the women's 
prison held 8 percent more inmates than its intended capacity.
    Juveniles were held in separate detention facilities in campus-like 
conditions that generally were considered good. The juvenile penal 
system held 93 youths in detention and another 507 in supervised 
alternative sanction programs.
    Most, but not all, pretrial detainees were held separately from 
convicted prisoners.
    The Government permitted prison visits by independent human rights 
observers, including representatives from the Ombudsman's office. Human 
rights observers were allowed to talk to prisoners and to prison 
employees in confidence and without third parties present.

    d. Arbitrary Arrest or Detention.--The Constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
respected these prohibitions.
    The ``Public Force,'' a combination of several disbanded police 
units, including the Border Guard, the Rural Guard, and the Civil 
Guard, is approximately 10,000 strong, not including municipal police 
forces, which are supervised and funded by each municipality. The 
Ministry of Public Security has a Disciplinary Legal Department with an 
Internal Affairs Unit to investigate charges made against its public 
force members and members of other Ministry of Public Security units 
such as the anti-narcotics police. During the year, investigations 
resulted in over 70 dismissals. A number of the dismissals were the 
result of background checks that revealed some officers did not meet 
required educational or other hiring requirements, or had a number of 
unauthorized absences from duty. As of September, there were also were 
two dismissals for abuse of authority, nine for drug or alcohol abuse, 
three for refusal to take a drug test, and four dismissals for acts of 
corruption. These statistics did not include complaints against the 
judicial investigative police, transit police, or immigration officers, 
who were under the authority of other ministries or institutions.
    The Pacheco administration continued its effort to depoliticize and 
professionalize the police force. A 2001 law replaced military ranks 
with civilian titles and ensured that police officials were not 
dismissed due to a change in administrations. The law also required 
that the police academy develop a course in police administration that 
included material on the fundamental and universal principles of human 
rights. All new recruits received approximately 1 week of human rights 
training as part of the 7-month basic training program. Due to resource 
constraints, only new recruits passed through the basic training 
program; it was estimated that 3,500 members of the police force had 
attended the basic training program.
    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 judge within 24 hours of arrest. The law provides for the 
right to bail, and the authorities observed it in practice. The law 
also provides detainees prompt access to an attorney, and, in practice, 
this was often done before the arraignment. Indigents are provided a 
public attorney at government expense, and, in practice, even those 
with sufficient personal funds may obtain a public defender. With 
judicial authorization, the authorities may hold suspects incommunicado 
for 48 hours after arrest or, under special circumstances, for up to 10 
days.
    On January 30, security forces detained approximately 600 citizens 
and Nicaraguan immigrants in La Carpio to verify their immigration 
status and check for outstanding arrest warrants. On March 19, the 
Supreme Court ruled that the collective detention was unconstitutional 
since it violated the due process rights of the individuals detained.
    A criminal court may hold suspects in pretrial detention for 
periods of up to 1 year, and the court of appeals may 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 October, there were 2,078 
persons in pretrial detention, representing 39 percent of the prison 
population.

    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; 
however, the legal system faced many challenges, including significant 
delays in the adjudication of civil disputes and a growing workload.
    The judicial branch of government includes the upper and lower 
courts, the judicial investigative police, the office of the 
prosecutor, the office of the public defender, forensic laboratories, 
and the morgue. The lower courts include the courts of first instance 
and the circuit courts. The Supreme Court is the highest court, with 22 
justices known as magistrates. The Legislative Assembly elects those 
magistrates for 8-year terms, which are renewed automatically unless 
two-thirds of the Assembly opposes such renewal. The Supreme Court 
generally had a reputation for independence and integrity.
    All trials, except those that include juvenile defendants, are 
public. A trial is presided over by a single judge or by a three-judge 
panel depending on the potential penalties arising from the charges. 
Trials that involve victims or witnesses who are minors are closed 
during that portion of the trial where the minor is called to testify. 
There are no jury trials. Accused persons can select attorneys to 
represent them, and the law provides for access to counsel at state 
expense for the indigent. The law provides for detainee and attorney 
access to government-held evidence, and defendants can question 
witnesses against them and present witnesses on their behalf. 
Defendants enjoy a presumption of innocence, and if convicted, have the 
right of appeal.
    On August 4, the Inter-American Court of Human Rights ruled that 
the Government had violated Article 8 (Denial of Due Process) of the 
Inter-American Convention on Human Rights by not permitting a 
correspondent to submit evidence in his defense during a 2001 appeal 
before the Supreme Court. The correspondent was convicted of defamation 
in 1999 and appealed the criminal court's ruling in 2001 (see Section 
2.a.).
    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 judicial warrants to search private homes. Judges may approve 
the use of wiretaps in investigations of certain crimes such as: 
Genocide, homicide, kidnapping, terrorism, narcotics trafficking, 
production of pornography, trafficking in persons, and the trafficking 
of persons for their organs. However, legal guidelines on the use of 
wiretaps are 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 harmed the real property interests of many who believed they held 
legitimate title to land. Landowners throughout the country suffered 
occasional squatter invasions; sometimes they requested government 
assistance to evict squatters forcibly from private land. On April 22, 
75 squatters were arrested attempting to return to land from which they 
were removed forcibly in July 2003. A group of more than 100 squatters 
sought shelter in a San Jose church for several months until a court 
ruling assured the families that they could return to their homes, 
which were located approximately 5 miles from the disputed land.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice; however, journalists and media 
company owners criticized outdated legislation that imposed criminal 
penalties, instead of civil fines, for common press infractions and 
argued that such legislation promoted self-censorship.
    On August 4, the Inter-American Court of Human Rights ruled that 
the Government had violated Article 13 (Freedom of Expression) of the 
Inter-American Convention on Human Rights when a criminal court 
convicted a journalist of defamation in 1999. The criminal court had 
sentenced the correspondent to 120 days in jail and ordered his 
newspaper to pay approximately $200,000 (88,890,000 colones) in fines. 
The Inter-American Court of Human Rights ruled that the Government 
should reform its press laws ``within a reasonable amount of time,'' 
expunge the correspondent's name from the criminal registry, and pay 
the correspondent's damages and legal expenses.
    In an August 2003 survey by La Nacion newspaper of 184 journalists 
on their perception of freedom of the press, 41 percent said they left 
out information in reporting because of legal concerns, 79 percent said 
they felt pressure not to investigate certain issues, and 22 percent 
claimed that they had received some type of threat during the previous 
12 months relating to the performance of their job. The greatest number 
of threats came from business and political interests. Of the surveyed 
journalists, 75 percent indicated that they felt constrained in their 
practice by existing legislation, and the same proportion were 
unsatisfied with the slow progress the Legislative Assembly had made in 
reforming existing laws.
    However, in a public opinion poll conducted by Unimer in December, 
61 percent of respondents indicated that they believed the press was at 
liberty to inform the public, compared with 33 percent in 2001. This 
change in the public's perception was attributed to journalists' 
investigative reports of high-level corruption scandals throughout the 
year (see Section 3).
    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. In 2003, 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.
    During the year, three journalists were convicted in criminal 
courts for journalism infractions. One journalist was sentenced to 30 
days in prison and fined for ``tarnishing the image'' of a school 
official, another was sentenced to 10 days in prison and fined for 
publishing an altered photo of television models, and a third was 
sentenced to 50 days in prison and fined after publishing a story that 
accused a public employee of misusing public funds.
    In December 2003, journalist Ivannia Mora was killed, and police 
arrested and charged her former employer and four accomplices for 
ordering the killing. At year's end, the case was still under 
investigation, but a business rivalry appeared to be the motive.
    During the year, the authorities arrested additional suspects in 
the 2001 murder of radio host Parmenio Medina. At year's end, police 
continued to investigate the case. Individuals charged during 2003 
remained in detention pending trial.
    The Commission on Control and Rating of Public Performances rates 
films and has the authority to restrict or prohibit their showing if it 
is determined that the films are strictly pornographic or violent in 
nature or incite crime or vice. The Commission has similar powers over 
television programs, radio programs, and stage plays. In addition, the 
Commission regulates the sale and distribution of written material 
deemed pornographic, enforcing specific packaging and display 
regulations. A tribunal reviews appeals of the Commission's actions.
    On May 26, a judge ordered a tabloid magazine office closed after 
the owner failed to pay fines imposed by the Commission. The fines, 
pending from October 2003, resulted from the owner's refusal to submit 
the magazine, which reportedly contained semi-nude photographs, for the 
Commission's review before distributing and selling the magazine. The 
owner argued that the magazine was not pornographic, and the 
Commission's action amounted to censorship. In August, the magazine was 
allowed to resume publication, but the owner of the magazine requested 
that the Inter-American Commission on Human Rights review the case.
    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 association, and the Government 
generally respected these rights in practice.
    On May 31, in La Carpio, residents barricaded a street to protest 
the lack of infrastructure and to demand property titles to land they 
occupied. Security forces intervened to remove the barricade, and a 
riot ensued. Police used tear gas and retreated from the scene. Six 
police officers and two civilians suffered gunshot wounds during the 
incident. After negotiations, residents agreed to remove the barricade 
the following morning.
    Beginning on August 23, truck drivers blocked highways throughout 
the country to protest government vehicle inspection requirements. 
After attempting to negotiate with the truckers' representatives for 2 
days, security forces arrested 85 persons who refused to move their 
vehicles. In some cases, police broke windows and used tear gas in 
arresting individuals locked inside their vehicles. Within a day, all 
of those arrested for blocking public roads were released.

    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. Religious education teachers 
in public schools must be certified by the Roman Catholic Church 
Conference of Bishops, which does not certify teachers from other 
denominations or faiths. Private schools were free to offer any 
religious instruction. Foreign missionaries and clergy of all faiths 
worked and proselytized freely.
    The Government did not restrict the establishment of churches. New 
churches, primarily evangelical Protestant churches that are located in 
residential neighborhoods, occasionally encountered problems with local 
municipalities due to neighbors' complaints about noise and traffic. 
Some churches were closed as a result.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice. There 
were no restrictions on travel within the country, emigration, or the 
right of return.
    The law requires that adults carry their national identification 
cards with them at all times. Persons who fail to produce such 
documents at security checkpoints may be detained until their identity 
and immigration status are verified.
    The Constitution prohibits forced exile, and it was not used.
    The law and a series or executive decrees 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, and the 
Government has established a system for providing protection to 
refugees. In practice, the Government provided protection against 
refoulement, the return of persons to a country where they feared 
persecution. The Government granted refugee status or asylum. The 
Government cooperated with the office of the U.N. High Commissioner for 
Refugees and other humanitarian organizations in assisting refugees and 
asylum seekers.
    The Refugee Department, in the General Directorate of Migration, is 
in charge of refugee status determination. The law requires refugee 
applications to be adjudicated within a month of receipt. Unlike in 
previous years, the Refugee Department eliminated its backlog, and most 
refugee cases were processed within a month.
    As of December 12, the Government received 1,386 applications for 
refugee status, of which 1,132 were from Colombians. From January to 
December 12, the Government recognized 819 persons as refugees, of 
which 765 were of Colombian origin. These figures included family 
members. Since July 2001, the Government received 14,559 applications 
for refugee status, of which 12,676 were from Colombians. The majority 
entered in legal visitor status and applied for asylum. Those who 
sought temporary refugee status were expected to return to their 
country of origin once fighting ended.
    In addition, the Government provided refugee status for 20 Cuban 
migrants in need of protection who had been interdicted by a foreign 
government. The Constitution specifically prohibits repatriation of 
anyone subject to potential persecution. The authorities regularly 
repatriated undocumented Nicaraguans, most of whom entered the country 
primarily for economic reasons. According to the General Directorate of 
Migration, between January and November 14, the Government deported 955 
persons, of which 607 were Nicaraguans, and denied entry to 37,648 
persons, of which 36,446 were Nicaraguans.
    Allegations of abuse by immigration and other border officials 
periodically arose.
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 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. Presidents may 
seek reelection after sitting out two 4-year terms. Assembly members 
may seek reelection after at least one term out of office.
    In the February 2002 elections, the failure of any presidential 
candidate to win 40 percent of the popular vote necessitated a runoff 
election in April, which was won by Abel Pacheco of the PUSC Party. 
PUSC candidates won 19 of the Legislative Assembly's 57 seats. The 
National Liberation Party won 17 seats, and several other parties hold 
the remaining seats. Although traditionally a two-party system, several 
small opposition parties wielded significant influence within the 
Legislative Assembly.
    A special legislative committee continued to investigate campaign 
finance irregularities and undisclosed sources of funding by the 
presidential candidates during the 2002 election. It aimed to formulate 
recommendations before the start of the 2006 election process. At 
year's end, the committee had not yet completed its deliberations. In 
December, the Chief Prosecutor's office also announced the reopening of 
the campaign finance investigation surrounding President Pacheco's 2002 
election campaign. The investigation continued at year's end.
    Public corruption remained an issue in spite of government efforts 
to combat it. During the year, there were several well-publicized 
accusations against government officials engaged in corruption or 
alleged conflict of interest arrangements.
    In April, the president of the Costa Rican Social Security Fund 
(CCSS) was forced to resign following disclosure that he had been 
renting a house, at discounted rates, owned by the chief financial 
officer of an important CCSS medical supplier. In June, this 
investigation widened when investigators found that the CCSS Board of 
Directors used public funds to pay for an advertising campaign 
supporting the former CCSS president. Subsequently, members of the 
Board of Directors were charged with embezzlement.
    The CCSS investigation continued throughout the year and eventually 
implicated former President Rafael Angel Calderon and other prominent 
individuals. Investigators claimed that Calderon directed a scheme that 
pushed a bill through the Legislative Assembly to purchase $39.5 
million in medical equipment, and in return, the former president and 
accomplices received approximately $9.2 million in commissions. In 
October, former President Calderon was placed in pretrial detention, 
and the investigation into bribery, illicit enrichment, and corruption 
involving the CCSS case continued at year's end.
    In July, following a separate investigation, President Pacheco 
fired two directors of the Costa Rican Institute of Electricity (ICE) 
after disclosures that they had used a 2003 business trip for personal 
ends, which resulted in the award of a $130 million ICE contract to a 
global telecommunications company. A third ICE manager also was fired 
for his role in the contract award, and the contract was suspended 
until a review could be completed. In July, the Constitutional Court 
accepted an appeal by the two fired directors, but the appeal later was 
dismissed.
    In September, one of the ICE directors fired in July disclosed to 
investigators the details of another kickback arrangement that 
implicated former President Miguel Angel Rodriguez. The former ICE 
director alleged that former President Rodriguez received part of a 
$2.4 million dollar kickback received from a foreign telecommunications 
company (a different company than the case for which the director was 
already under investigation) in exchange for the award of two ICE 
contracts totaling over $258 million. Upon his return to the country on 
October 15, Rodriguez was arrested and later placed in pretrial 
detention. The investigations into the kickback and other cases 
involving the former president continued at year's end.
    In October, a third former President, Jose Maria Figueres Olsen 
admitted to receiving $900,000 from the same foreign communications 
company implicated in the kickback scheme involving former President 
Rodriguez; however, Figueres denied any wrongdoing and stated that the 
funds received over a 3-year period were for professional consulting 
services. Despite requests from the Legislative Assembly for his 
return, Figueres remained in Switzerland and had not been charged with 
a crime at year's end.
    The Government generally respected citizens' rights to information, 
and many government institutions published reports that detailed the 
year's activities. In May, the Ombudsman's office released its annual 
human rights report, which criticized the Government for its lack of 
transparency and for denying public access to information. 
Specifically, the report criticized the lack of transparency regarding 
the funding of the Foundation for State Cooperation, a private 
foundation that supported government programs. The report also 
criticized the Government for failing to provide information on its 
fiscal reform proposal, on cuts in social spending, and on the 
negotiations of a free trade agreement. The Ombudsman's office 
criticized the annual fee of approximately $27 (12,000 colones) 
required to access the daily government gazette via the Internet, 
stating that the fee infringed upon the rights of citizens to access 
government decrees, edicts, resolutions, and legislation.
    Women encountered no legal impediments to their participation in 
politics and increasingly were represented in leadership positions in 
the Government and political parties. 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 the Minister of 
the Presidency), the Minister of Child and Adolescent Issues, the 
Minister of Health, the Minister of Justice, and the Minister of 
Women's Affairs were women. There were 20 women in the 57-seat 
Legislative Assembly, including 9 legislative committee chairwomen, and 
women held prominent offices in the 3 largest political parties.
    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 approximately 1 percent of the 
population. There were no indigenous members of the Legislative 
Assembly.
    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. There were three Afro-Caribbean 
members in the Assembly.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Various domestic and international human rights groups generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials were 
cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides that all persons are equal before the 
law, and the Government generally respected this provision.

    Women.--The Government continued to identify domestic violence 
against women and children as a serious societal problem. The law 
prohibits domestic violence and provides measures for the protection of 
domestic violence victims. Criminal penalties range from 10 to 100 days 
in prison for aggravated threats and up to 35 years in prison for 
aggravated homicide. During the year, the autonomous National Institute 
for Women (INAMU) provided assistance to 5,866 women, including 
counseling and lodging for battered women in INAMU shelters. INAMU also 
maintained a domestic abuse hotline, receiving 6,021 calls in 2003.
    The Office of the Special Prosecutor for Domestic Violence and 
Sexual Crimes for the San Jose area investigated 45 cases of disobeying 
a court order, 83 cases of assault, 82 cases of armed assault, 124 
cases of battery, 3 cases of aggravated battery, 15 cases of 
abandonment, 80 cases of verbal threats, 5 cases of attempted killing, 
and 1 killing. In addition, the Office reported that it was 
investigating 14 cases of parental abuse of custodial rights and 28 
cases of parental abduction of children. In 2003, the Office of the 
Special Prosecutor for Domestic Violence and Sexual Crimes prosecuted 
448 cases related to domestic violence. INAMU reported that 20 women 
and girls were killed in incidents of domestic violence, compared with 
29 during 2003.
    The Law Against Domestic Violence establishes mechanisms to help 
victims. The authorities incorporated training on handling domestic 
violence cases into the basic training course for new police personnel. 
The 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. The public prosecutor, police, and 
Ombudsman had offices dedicated to this problem.
    The law defines various types of rape and provides sanctions 
dependent upon a victim's age and other factors such as an assailant's 
use of violence or position of influence over the victim. The Penal 
Code provides for sanctions from 10 to 18 years in prison for rape and 
2 to 10 years in prison for statutory rape. As of November, authorities 
reported approximately 5,400 cases of sex crimes, compared to 5,226 
cases in 2003. Authorities attributed the increase to a greater public 
awareness of the need to report these types of crimes. Approximately 17 
percent of the prison population was serving sentences as a result of 
convictions related to sex crimes.
    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. There are no specific laws against sex tourism, which is 
a growing problem; however, law enforcement agencies initiated 
investigations under existing legislation that prohibits the promotion 
of prostitution. The Government and several advocacy groups also 
initiated awareness campaigns publicizing the dangers of sex tourism 
and its association with child sexual exploitation.
    The law prohibits sexual harassment in the workplace and 
educational institutions and the Ministry of Labor generally enforced 
this prohibition. The law imposes penalties ranging from a letter of 
reprimand to dismissal, with more serious incidents subject to criminal 
prosecution. The Ombudsman's office received 66 complaints of sexual 
harassment from May 2003 until April.
    The 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. The Government 
maintained offices for gender issues in almost all ministries and most 
parastatal organizations, and the Ministry of Labor was responsible for 
investigating allegations of gender discrimination. INAMU implemented 
programs that promoted gender equality and publicized the rights of 
women.
    According to a 2003 U.N. Development Program report, 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 percent 
of women in the workforce had some university instruction, compared 
with 11 percent of men.

    Children.--The Government was committed to children's rights and 
welfare through well-funded systems of public education and medical 
care. It also established a legal framework intended to comply with the 
Convention on the Rights of the Child and other international 
standards. Primary education is compulsory, free, and universal. The 
law requires 6 years of primary and 3 years of secondary education for 
all children, and attendance is required until age 15. School 
attendance requirements were generally enforced. The Ministry of 
Education reported that, as of July, the estimated primary school 
dropout rate was 1.4 percent, and the secondary school dropout rate was 
4.4 percent. The law guarantees equal access to education and health 
care services to all minors, regardless of gender or legal residency 
status.
    In recent years, the autonomous National Institute for Children 
(PANI) increased public awareness of abuse of children, which remained 
a problem. During the year, PANI assisted 4,511 children, including 564 
cases of substance abuse, 2,435 cases of physical abuse, and 1,425 
cases of sexual abuse. Traditional attitudes and the inclination to 
treat such crimes as misdemeanors sometimes hampered legal proceedings 
against those who committed crimes against children.
    The Government, security officials, and child advocacy 
organizations acknowledged that the commercial sexual exploitation of 
children remained a serious problem (see Section 5, Trafficking in 
Persons).
    In 2003, the NGO Casa Alianza estimated that of the approximately 
1,500 children living on the street, 76 percent were addicted to drugs 
and 29 percent survived by prostitution.
    The Constitution and the Labor Code provide special occupational 
protection for minors and establish a minimum working age of 15 years. 
Child labor was a problem mainly in the informal sector of the economy 
(see Section 6.d.).

    Trafficking in Persons.--Although the law prohibits the trafficking 
in women and minors for the purpose of prostitution, comprehensive 
legislation that addresses all forms of trafficking does not exist. NGO 
representatives stated that the absence of such legislation hindered 
the prosecution of trafficking cases. There were reports that persons 
were trafficked to, from, and within the country.
    The law provides for sentences of 2 to 10 years in prison for 
anyone who engages in sex with a minor and 4 to 10 years in prison for 
those who managed or promoted child prostitution. The Government 
enforced this law and raided brothels and arrested clients.
    As of September, authorities had charged one individual with a 
trafficking-related crime. In 2003, authorities made 14 arrests based 
on charges of child sexual exploitation. Authorities indicted eight 
defendants and placed six suspects in investigative detention pending 
formal charges. By year's end, four of those arrested in 2003 were 
convicted, and the case against a fifth individual was dropped.
    Government agencies responsible for combating trafficking and child 
sexual exploitation included the Special Prosecutor on Domestic 
Violence and Sex Crimes, the Judicial Investigative Police, the 
National Institute for Children, the Foreign Ministry, the Labor 
Ministry, the Public Security Ministry, and the Tourism Ministry.
    Cases of trafficking involved persons from Colombia, the Dominican 
Republic, Panama, Nicaragua, the Philippines, Russia, and countries of 
Eastern Europe. While evidence suggested that most trafficked persons 
remained in the country, some transited to Canada, Mexico, and the 
United States. Some female citizens, generally from impoverished 
backgrounds, also were trafficked to Canada, Mexico, and the United 
States. Traffickers often recruited victims with a promise of secure 
employment and good pay.
    Child prostitution was a serious problem. PANI estimated that 3,000 
children suffered from commercial sexual exploitation and identified 
particular risks for street children in the urban areas of San Jose, 
Limon, and Puntarenas. During the year, PANI reported that it provided 
assistance to minors in 87 separate cases of commercial sexual 
exploitation.
    The Special Prosecutor's Office on Domestic Violence and Sexual 
Crimes has processed 66 child sexual exploitation cases and convicted 
31 citizens and 9 foreigners for child sexual exploitation crimes since 
1999.
    From January through June, Casa Alianza presented the Government 
with 54 complaints for promoting the prostitution of minors, 28 
complaints for sexual relations with minors, and 7 complaints for the 
production of child pornography. The Special Prosecutor's office 
reported that, as of September, it was investigating 31 cases of sexual 
relations with minors.
    A governmental Inter-Ministerial Group on Trafficking made efforts 
to raise awareness of trafficking issues and sexual exploitation of 
children and encourage law enforcement and prevention measures, 
particularly at the local level; however, these efforts were hampered 
by a lack of resources.
    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.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in education, access to health care, or in 
the provision of other state services. Reports of discrimination in 
employment sometimes occurred. The law mandates access to buildings for 
persons with disabilities, but the Government did not enforce this 
provision in practice, and many buildings remained inaccessible. 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 13,162 special education students 
were registered in the school system during the year, and there were 
1,378 special education centers to assist special education students 
and students with disabilities.

    Indigenous People.--The population includes nearly 64,000 
indigenous persons among 8 ethnic groups. Approximately 73 percent 
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 Law of the Indigenous People 
nominally protects reserve land as the collective, nontransferable 
property of the indigenous groups; however, some indigenous landowners 
sold their land to pay off debts, sometimes illegally to nonindigenous 
people. The Ombudsman had an office to investigate violations of the 
rights of indigenous people and sought to return reserve land to 
indigenous groups.
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. The Labor Code also 
guarantees freedom of association in the negative sense; that is, the 
right not to join a union and to leave a union, and accordingly 
prohibits any action that might infringe that right. About 12 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, the law prohibits these 
non-dues-collecting organizations from representing workers in 
collective bargaining negotiations or in any other way assuming the 
functions of or inhibiting the formation of trade unions. Instead, they 
offered membership services, including credit union programs, matching-
fund savings accounts, and low-interest loans. Approximately 330,000 
workers were members of solidarity associations, 95 percent of whom 
worked in the private sector.
    Specific provisions of the Labor Code provide protection from 
dismissal for union organizers and members during union formation, 
including reinstating workers fired for union activities; however, 
enforcement was lax, and employers often failed to comply with this 
provision in practice.
    The Ministry of Labor continued to work on clearing a number of 
labor cases pending from previous years, including cases of workers 
allegedly fired for union activities. From January to November, the 
Center for Alternative Resolution of Labor Disputes handled 2,014 
cases, of which 881 cases were submitted to reconciliation, 73 percent 
of which resulted in an agreement between the parties.

    b. The Right to Organize and Bargain Collectively.--Workers 
exercised the constitutional right to organize and the right to 
voluntary collective bargaining. Foreign nationals are expressly 
prohibited from exercising direction or authority in unions. There are 
no special laws or exemptions from regular labor laws in export 
processing zones.
    If a trade union, of which at least 34 percent of the workforce are 
members, requests collective bargaining, the employer is obligated to 
initiate the bargaining process.
    Private sector unions had the legal right to engage in collective 
bargaining; however, direct arrangements were used more commonly. The 
Ministry of Labor reported that, from 1999 through the end of the year, 
there were 315 direct arrangements in the private sector compared to 22 
collective agreements.
    The law provides for the right to strike, and workers exercised 
this right in practice; however, unions complained of burdensome 
administrative requirements in order for a strike to be legal. The law 
requires that at least 60 percent of the workers in the enterprise 
support strike action. Pursuant to a Constitutional Court ruling, 
restrictions on the right to strike apply only to essential services 
that concern the national economy or public health.
    From July through August, air traffic controllers went on strike 
for 47 days. The Government brought in replacement controllers from 
other Latin American countries to continue airport operations. The 
labor courts ruled the strike illegal, and the Government prepared to 
fire the controllers, but the Government instead reached a settlement.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, and there 
were no reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Constitution and the Labor Code provide special occupational protection 
for minors 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 PANI. The law 
prohibits night work and overtime for minors. Certain activities 
considered to be unhealthy or hazardous typically require a minimum age 
of 18. In addition, minors are entitled to facilities allowing them to 
attend educational establishments, through school arrangements and 
timetables adapted to their interests and employment conditions, and to 
participate in apprenticeship training programs.
    The Labor Ministry, in cooperation with PANI, 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. The banana industry did 
not employ youths under the age of 18.
    Child labor was a problem mainly in the informal sector of the 
economy, including small-scale agriculture, domestic work, and family-
run enterprises. Child prostitution and other types of child sexual 
exploitation remained serious problems (see Section 5).
    The country had a national program of action on child labor, and 
the Government continued to work with the ILO and other organizations 
to eradicate this problem. The Ministry of Labor maintained an Office 
for the Eradication of Child Labor, which is responsible for 
coordinating government efforts and programs targeted at child labor. 
During the year, the Government continued to provide small loans and 
economic aid to families with at-risk children and scholarships for 
poor families to cover the indirect costs of attending school. During 
the year, the Government and NGOs also initiated a new child labor 
awareness campaign and continued to implement a number of projects to 
remove children from work and return them to school.
    The Office for the Eradication of Child Labor reported that, from 
January to August, it registered 740 cases in its child labor database, 
of which 350 were children working under the legal employment age of 
15. The Ministry provided assistance in reinserting the children into 
education institutions.

    e. Acceptable Conditions of Work.--The Constitution provides for a 
minimum wage, which is set by the National Wage Council. Monthly 
minimum wages for the private sector ranged from approximately $133 
(59,593 colones) for domestic employees to approximately $523 (234,503 
colones) for university graduates. The Ministry of Labor effectively 
enforced minimum wages in the San Jose area, but it did so less 
effectively in rural areas, especially those where large numbers of 
migrants were employed. At the lower end of the scale, the national 
minimum wage did not provide a decent standard of living for a worker 
and family.
    The Constitution sets workday hours, overtime remuneration, days of 
rest, and annual vacation rights. 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 worked voluntarily beyond their normal hours.
    The law 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 they either did not use the committees 
or did not turn them into effective instruments for improving workplace 
conditions. Resource constraints continued to hinder the Inspection 
Directorate's ability to carry out its inspection mandate. Workers have 
the right to leave work if conditions become dangerous; however, 
workers who did so may jeopardize their jobs unless they file written 
complaints with the Ministry of Labor.

                               __________

                                  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 (CP), and commander in chief of the 
armed forces. The regime exercises control over all aspects of life 
through the CP and its affiliated mass organizations, the government 
bureaucracy headed by the Council of State, and the state security 
apparatus. In March 2003, he declared his intent to remain in power for 
life. The CP is the only legal political entity, and President Castro 
personally chooses the membership of the Politburo, the select group 
that heads the CP. There are no contested elections for the 609 member 
National Assembly of People's Power (ANPP), which meets twice a year 
for several days to rubber stamp decisions and policies previously 
decided by the governing Council of State. In 2003, government 
supporters won all 609 ANPP seats in uncontested elections. In 2003, 
the Government also held a referendum making the socialist character of 
the constitution ``untouchable.'' The CP controls all government 
positions, including judicial offices. The judiciary is completely 
subordinate to the Government and to the CP.
    The Ministry of Interior is the principal instrument of state 
security and control. Officers of the Revolutionary Armed Forces, which 
are led by Fidel Castro's brother, General Raul Castro, have occupied 
the majority of key positions in the Ministry of Interior during the 
past 15 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 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 such as construction or factory workers organized by 
the CP 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. Exports largely were 
restricted to primary products such as sugar and minerals, but tourism 
and emigre remittances were key sources of hard currency. Inefficiency, 
outdated infrastructure, and natural disasters led to the lowest sugar 
harvest in 70 years in 2003, with only a slight recovery during the 
year and continued low yields projected for 2005. The Government 
announced economic growth of 5 percent during the year using a new, 
unique way of calculating gross domestic product that ostensibly gives 
greater weight to social programs.
    The State controlled approximately 90 percent of the formal 
economy, and the Government continued to harass citizens working in the 
underground economy. Less than 2 percent of citizens worked in the 
highly regulated private sector. In August, the Government issued a 
resolution allowing citizens with certain private sector licenses to 
exercise the right to work in the licensed field only after completing 
a full day of work in their regular government job. In October, the 
Government began a policy of cancelling the issuance of new work 
licenses in 40 private sector categories.
    Government policy officially was aimed at preventing economic 
disparity, but citizens with access to foreign currency enjoyed a 
significantly higher standard of living than those with only pesos. In 
November, after 9 years as legal tender, the Government disallowed the 
use of the U.S. dollar and began charging a 10 percent surcharge to 
exchange dollars to ``convertible pesos.'' A convertible peso is 
equivalent to one U.S. dollar. The vast majority of citizens earned 
their salaries in pesos and only had access to convertible pesos if 
they worked in the tourist sector or received remittances from abroad. 
A system of ``tourism apartheid'' continued, whereby citizens often 
were denied access to hotels, beaches, and resorts reserved for 
foreigners.
    The Government's human rights record remained poor, and the 
Government 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, in 2002 and 2003, the 
Government rejected 2 petitions, known as the Varela Project, with more 
than 25,000 signatures, calling for a national referendum on political 
and economic reforms. CP affiliated mass organizations tightly 
controlled elections to provincial and national legislative bodies, 
resulting in the selection of single, government approved candidates. 
In March 2003, the Government arrested 75 human rights activists, 
subjected them to summary trials, and sentenced them to prison terms 
ranging from 6 to 28 years. During the year, authorities arrested an 
additional 22 human rights activists and sentenced them for acts such 
as contempt for authority.
    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, and the 
Government restricted medical care to some prisoners as a method of 
control. Prisoners died in jail due to lack of medical care. 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. 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 and closely monitored domestic and international 
journalists through physical and electronic surveillance. It limited 
the distribution of foreign publications and news, restricted access to 
the Internet, and strictly censored news and information. The 
Government restricted some religious activities but permitted others. 
The Government limited the entry of religious workers to the country. 
The Government tightly restricted freedom of movement, including 
foreign travel, and did not allow some citizens to leave the country. 
The Government controlled internal movements and used external exile to 
punish dissenters. The Government did not permit domestic human rights 
groups to function legally, sharply and publicly rejected all criticism 
of its human rights practices, and discouraged foreign contacts with 
human rights activists. Violence against women, especially domestic 
violence, and underage prostitution were problems. Racial 
discrimination was a problem. The Government severely restricted worker 
rights, including the right to form independent unions.
                        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.
    Unlike in 2003, there were no reports during the year of the 
Government summarily executing its citizens.

    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 August 2, Nivaldo Diaz Castello, a Varela Project leader, was 
detained by State Security agents, threatened, and stripped of all his 
belongings before being released.
    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 March 5 and March 17, an unknown group stoned the house of 
activists Tomas Gonzalez Coya Rodriguez and Beatriz Pacheco Nunez, of 
Santa Clara, breaking down the front door. The stones were wrapped in 
paper on which obscenities were written. The family also received 
anonymous death threats via phone.
    On April 19, assailants pelted the Havana home of Henry Samuel, 
President of the Republican Alternative Movement, with jars of human 
excrement. Samuel reported the incident to the National Revolutionary 
Police (PNR), which took no action.
    On September 8, Elsa Morejon reported that on several occasions 
during the year, large groups of people had gathered around her home to 
yell profanities and insult her husband, human rights activist Dr. 
Oscar Elias Biscet, who was arrested in 2002 for ``acts against the 
independence or the territorial integrity of the State.''
    Prison conditions continued to be harsh and life threatening, and 
conditions in detention facilities also were harsh. The Government 
claimed that prisoners enjoyed rights such as family visitation, 
adequate nutrition, pay for work, the right to request parole, and the 
right to petition the prison director. Police and prison officials, 
however, 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. Political prisoners in particular often were 
held at facilities hundreds of miles from their families, placing an 
undue hardship on many families' time and financial resources.
    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 
generally held separately from convicted prisoners, although some long 
term detainees, including political detainees, were held with convicted 
prisoners. In Havana, there were two detention centers; once sentenced, 
persons were transferred to a prison.
    Fabio Prieto Llorente, one of the 75 activists arrested in March 
2003, reported he was held in a small cell with leaky walls and a 
cement slab for a bed. The cell was infested with rats, frogs, and 
insects. Prieto was serving a 20 year sentence for ``acts against the 
independence or the territorial integrity of the State.''
    Prisoners sometimes were held in ``punishment cells,'' which 
usually were located in the basement of a prison, with continuous semi 
dark conditions, no available water, and a hole for a toilet. Reading 
materials, including Bibles, were not allowed, and unlike in previous 
years, authorities denied visits to families of political prisoners 
while they were held in these cells. Prisoners in punishment cells had 
no access to lawyers.
    On January 1, Jose Daniel Ferrer Garcia, a Varela Project leader 
and one of the 75 activists arrested in March 2003, reported serving 45 
days in a punishment cell for protesting the suspension of 
correspondence and the delivery of food and medical supplies from his 
family. He did not receive food or water during the first 3 days of his 
confinement and slept on a cement floor. Authorities confiscated his 
Bible and prohibited any contact with other prisoners. Ferrer was 
serving a 25 year sentence for ``acts against the independence or the 
territorial integrity of the State.''
    On July 5, Elsa Morejon reported that her husband, Dr. Biscet, was 
sent to a punishment cell for refusing to eat in the prison cafeteria, 
wear the uniform of common prisoners, and stand at attention when 
guards entered his cell. He was not permitted to read, write, or leave 
his cell to get exercise. In addition, prison authorities refused to 
accept food and medical supplies brought by Morejon or permit anyone to 
bring him food. As a result, Biscet found himself on a virtual hunger 
strike.
    Prison guards and State Security officials subjected human rights 
and pro democracy 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 January 21, Yeni Veloz Oquendo, wife of common prisoner Estany 
Rodriguez Preval, reported that jailers at Valle Grande prison had 
sexually abused her husband.
    On June 17, Ana Aguililla, wife of political prisoner Francisco 
Chaviano, arrested in May 1994 for ``revealing state security 
secrets,'' reported that prison authorities forced Chaviano from his 
cell, stripped him, and publicly beat him.
    On July 6, family members of political prisoner Jorge Luis Garcia 
Perez, arrested in 1990 for articulating ``enemy propaganda,'' reported 
being beaten along with Garcia during a prison visit. Authorities 
handcuffed and beat Garcia and later punched his sister and kicked his 
girlfriend's 9 year old son after the visitors protested the harsh 
treatment.
    On August 3, Yarai Reyes, wife of Normando Hernandez Gonzalez, 1 of 
the 75 political prisoners arrested in March 2003, reported that prison 
authorities incited common prisoners to beat her husband. Hernandez was 
serving a 25 year sentence for ``acts against the independence or the 
territorial integrity of the State.''
    The Government regularly failed to provide adequate nutrition and 
medical attention, and approximately 10 to 20 prisoners reportedly died 
due to lack of medical attention. Both the Inter-American Commission on 
Human Rights (IACHR) and the Representative for Cuba of the High 
Commissioner for Human Rights, as well as other human rights monitoring 
organizations, have reported the widespread incidence in prisons of 
tuberculosis, scabies, hepatitis, parasitic infections, and 
malnutrition. In April, Amnesty International (AI) and Human Rights 
Watch (HRW) issued reports expressing concern regarding the poor health 
of numerous political prisoners, the limitations on family visits for 
some political prisoners, and the incarceration of many political 
prisoners far from their home provinces. The Government did not respond 
to AI or HRW.
    Oscar Espinosa Chepe, a political prisoner released during the 
year, reported that prison officials regularly denied him adequate 
medical treatment during his 20-month incarceration.
    On April 13, Jorge Luis Garcia Perez reported the deaths of three 
common prisoners, Vidal Caerencio de la Hoz Avila, Felix Hernandez Soa, 
and Didier Marrero Pereira, because they had not received emergency 
medical attention.
    On June 14, Masiel Gutierrez, wife of Rolando Jimenez Posada, a 
human rights activist arrested in April 2003 without any formal 
charges, reported that her husband had been beaten and placed in a 
punishment cell for demanding his asthma medication.
    On August 29, Barbara Rojo Arias, wife of Omar Ruiz Hernandez, an 
independent journalist and 1 of the 75 human rights activists arrested 
in March 2003, reported that her husband was denied access to required 
medications for his heart condition and stomach problems. Ruiz was 
serving an 18 year sentence for ``acts against the independence or the 
territorial integrity of the State.''
    During the year, the Government released 18 political prisoners, 
reportedly for medical reasons.
    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.
    On March 11, in a letter to his wife Gisela Sanchez Verdecia, 
Antonio Diaz Sanchez complained that prison authorities confiscated and 
censored his correspondence.
    Martha Beatriz Roque Cabello, a political prisoner released during 
the year, reported that prison authorities denied her access to 
religious workers during her entire 16 month incarceration. She also 
stated that prison authorities offered religious services to common 
prisoners but threatened prisoners who exercised this right with denial 
of privileges, such as visits and correspondence.
    There were separate prison facilities for women and for minors. 
Human rights activists believed that conditions in these facilities 
were poor. The law provides that pretrial detainees are held separately 
from convicted prisoners; however, the law was seldom enforced in 
practice, often because of a lack of facilities.
    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 April, for the first 
time in 15 years, the Government invited a group of international 
journalists to visit two selected prison hospital wards. Many 
participants dismissed the visits as staged propaganda.

    d. Arbitrary Arrest or Detention.--Arbitrary arrest and detention 
continued to be problems, and they remained the Government's most 
effective and commonly used 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 people to 
build socialism. The authorities routinely invoked this sweeping 
authority to deny due process to those detained on purported state 
security grounds.
    The Ministry of the Interior exercises control over police and 
internal security forces. The PNR is the primary law enforcement 
organization and generally was effective in investigating common 
crimes. Specialized units of the Ministry of the Interior are 
responsible for monitoring, infiltrating, and suppressing opposition 
political groups. The PNR plays a supporting role by carrying out house 
searches and providing interrogation facilities for State Security 
agents. There were some reports in both the independent and official 
press of bribery and corruption within the security forces.
    The authorities routinely engaged in arbitrary arrest and detention 
of human rights advocates, subjecting them to interrogations, threats, 
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 sometimes 
employed false charges of common crimes to arrest political opponents. 
Detainees often were not informed of the charges against them. The 
authorities continued to detain human rights activists and independent 
journalists for short periods, including house arrest, often to prevent 
them from attending or participating in events related to human rights 
issues (see Sections 2.a. and 2.b.).
    Time in detention before trial counted toward time served if 
convicted. Bail was available and usually was low and more equivalent 
to a fine.
    During the year, authorities arrested 22 human rights activists, 
including 3 Varela Project organizers and an independent librarian. By 
year's end, 13 of the 22 had been tried and sentenced.
    On February 4, authorities arrested independent librarian Jose 
Agramonte Leiva for contempt for authority, specifically for having 
yelled, ``Down with Fidel!'' At year's end, he remained incarcerated 
awaiting trial (see Section 2.a.).
    On April 19, authorities arrested Alexis Garcia Pena and Walter 
Lopez Gonzalez of the Christian Liberation Movement for their 
activities in promotion of the Varela Project.
    In March 2003, authorities arrested 75 human rights activists, 
journalists, and opposition political figures, charging them with 
violating national security and aiding a foreign power, among other 
crimes. The U.N. High Commissioner for Human Rights expressed concern 
regarding the arrests and summary trials, as did many governments, 
international organizations, and public figures. During the year, the 
Government released 14 of the 75 activists, including Martha Beatriz 
Roque Cabello of the Assembly to Promote Civil Society, independent 
journalist Raul Rivero, independent journalist and economist Oscar 
Espinosa Chepe, and independent journalist and poet Manuel Vasquez 
Portal. At year's end, the other 61 activists remained in prison.
    During the year, the 15 remaining persons arrested near the Mexican 
Embassy in 2002 remained in prison awaiting trial, which was scheduled 
for January 2005.
    At year's end, at least 13 political detainees were awaiting trial, 
many of whom had been held for more than 1 year.
    The Government often held persons without charges for months. On 
April 27, after more than 25 months in prison, authorities sentenced 10 
human rights activists and independent journalists arrested in 2002, 
including blind human rights activist Juan Carlos Gonzalez Leyva (see 
Section 1.e). Gonzalez Levya subsequently was released conditionally 
and told he could not leave his home province of Ciego de Avila without 
express government permission.
    The Government also often released activists after months of 
detention without charges.
    On June 8, authorities released Leonardo Bruzon Avila, Carlos 
Alberto Dominguez, Emilio Leyva Perez, and Lazaro Rodriguez Capote 
after 28 months of imprisonment without trial.
    The authorities sometimes detained independent journalists to 
question them about contacts with foreigners or to prevent them from 
covering sensitive issues or criticizing the Government (see Section 
2.a.).
    The Penal Code includes the concept of ``dangerousness,'' defined 
as the ``special proclivity of a person to commit crimes, demonstrated 
by his conduct in manifest contradiction of socialist norms.'' If the 
police decide that a person exhibits signs of dangerousness, they may 
bring the offender before a court or subject him to therapy or 
political reeducation. Government authorities regularly threatened 
prosecution under this provision. Both the U.N. Commission on Human 
Rights (UNCHR) and the IACHR criticized this tactic for its 
arbitrariness, 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.

    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. The ANPP and its lower level 
counterparts choose all judges. The subordination of the courts to the 
CP, 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 generally known to the defendant, although 
many political detainees subjected to summary trials in April 2003 were 
unaware of the charges against them until moments before trial. The law 
presumes the innocence of the accused, but the authorities often 
ignored this right in practice.
    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.
    On April 27, after 25 months in prison, the Government tried Juan 
Carlos Gonzalez Leyva, of the Cuban Foundation of Human Rights, and 
sentenced him to 4 years in prison. He was released conditionally with 
credit for time served, but told he could not leave the province of 
Ciego de Avila without government permission. Gonzalez was arrested in 
2002 after an ``illegal gathering'' in support of an independent 
journalist who had been beaten by State Security agents.
    On April 27, the Government tried Antonio and Enrique Garcia 
Morejon of the Christian Liberation Movement and sentenced them to 3 
\1/2\ years' imprisonment each for attending the same gathering as 
Gonzalez Leyva.
    On May 18, after 18 months in prison, the Government sentenced Raul 
Arencibia Fajardo, Orlando Zapata Tamayo, and Virgilio Marantes Guelmes 
to 3 years' imprisonment for public disorder, contempt for authority, 
and resistance. The three were members of different organizations, but 
were arrested together in 2002.
    In April 2003, the Government arrested, summarily tried, convicted, 
and sentenced 75 political activists within a period of 20 days. 
Authorities did not reveal the charges against them and denied access 
to counsel until the day of the trial. Much of the evidence against the 
defendants consisted of unsubstantiated or unspecified allegations of 
activities against the Government on behalf of a foreign power and 
vague accusations of ``counterrevolutionary'' behavior. AI determined 
that all 75 jailed activists were ``prisoners of conscience.''
    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 those accused of state security crimes. 
Attorneys reported reluctance to defend those charged in political 
cases due to fear of jeopardizing their own careers.
    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.
    Human rights monitoring groups inside the country estimated the 
number of political prisoners at approximately 300. 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 continued to deny human 
rights organizations and the ICRC access to political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of a 
citizen's home and correspondence; however, 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 Government employed physical and electronic 
surveillance against nonviolent political opponents. 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 their real goal 
was to discover and discourage nonconformity. Although official 
statistics indicated that CDRs have grown over the past decade and 
included 93.5 percent of the population over the age of 14, in reality, 
citizen participation in these mass organizations declined. Economic 
constraints 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 Ministry of Interior 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 censored 
all electronic mail messages. Dial up Internet service was 
prohibitively expensive for most citizens. State Security often read 
international correspondence and monitored overseas telephone calls and 
conversations with foreigners. The Government also monitored domestic 
phone calls and correspondence, and sometimes denied telephone service 
to dissidents. Cell phones generally were not available to average 
citizens.
    On January 14, Barbara Lorenzo, who had attempted to emigrate 
illegally, reported that police and other State Security agents 
threatened to imprison her and take away her 3 year old daughter if she 
attempted to leave the country again.
    On October 18, Varela Project volunteer Ricardo Montes Puron 
reported that State Security agents threatened to take away his 
granddaughter, whom he had custody of and legally was trying to adopt, 
if he did not leave the organization.
    There were numerous credible reports of forced evictions of 
squatters and residents who lacked official permission to reside in 
Havana.
    On March 19, State Security agents forced independent journalist 
Carlos Garcell Perez to abandon his father in law's house, where he had 
been living because Garcell did not have government permission to live 
in the house. Agents threatened the father in law and informed him that 
his granddaughter would lose her job if he continued to allow Garcell 
to live in the house.
    The Government sometimes punished family members for the activities 
of their relatives. On July 15, Dayli Tejeda Herrera, a third year 
chemistry student, was expelled from the Central University of Las 
Villas for ``being the daughter of a counterrevolutionary.'' Her 
father, Miguel Tejeda Tenorio, was the secretary general of the illegal 
Christian Workers Union of Las Villas.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the 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 anti government 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 result in sentences of up to 14 years. In the 
Government's view, such materials as the Universal Declaration of Human 
Rights, to which the country is a signatory, 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 to intimidate them.
    The Constitution states that print and electronic media are state 
property and can never become private property. The CP controlled all 
media except for a few small, unauthorized church run publications. The 
Penal Code bars ``clandestine printing'' and provides for 3 to 6 
months' imprisonment for failure to identify the author of a 
publication or the printing press used to produce the publication. Even 
the Catholic 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, although officials publicly described it as 
``counterrevolutionary propaganda.'' The Cuban Conference of Catholic 
Bishops indicated that the Church did not register its publications 
with the Ministry of Culture as required by law because registration 
would force it to cede control to the State.
    Citizens did not have the right to receive or possess 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. State Security agents subjected 
dissidents, foreign diplomats, and journalists to harassment and 
surveillance, including electronic surveillance and surreptitious entry 
into their homes.
    All legal media must operate under CP guidelines and reflect 
government views. The Government attempted to shape media coverage to 
such a degree that it pressured not only domestic journalists but also 
groups normally outside official controls, such as visiting and 
resident international correspondents. The Government barred some 
foreign journalists from entering the country.
    Law 88 outlaws a broad range of activities that undermine state 
security and toughens penalties for criminal activity. Under the law, 
anyone possessing or disseminating ``subversive'' literature or 
supplying information that U.S. authorities could use to apply U.S. 
legislation, may be subject to fines and prison terms of 7 to 20 years 
for each charge. AI expressed ``grave concern'' regarding the 
application of Law 88, which it said appeared to place ``unlawful 
restrictions on internationally recognized rights.''
    In 2003, authorities arrested and sentenced more than 30 
independent journalists and human rights activists under Law 88. 
Reporters without Borders (RSF) continued its campaign on behalf of the 
imprisoned journalists.
    At year's end, 22 independent journalists arrested in March 2003 
for violating Law 88, including Ricardo Gonzalez Alonso, remained in 
prison.
    On February 4, the Government arrested Jose Agramonte Leiva, of the 
Project for Independent Libraries, on charges of contempt for authority 
for yelling ``Down with Fidel!'' Agramonte was still awaiting trial at 
year's end (see Section 1.c.).
    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. Independent journalists in Havana reported that 
threatening phone calls and harassment of family members continued 
during the year. The authorities also placed journalists under house 
arrest to prevent them from reporting on human rights conferences and 
events and on court cases against activists. In addition, police 
increasingly tried to prevent independent journalists from covering so 
called sensitive events. AI, HRW, the Inter American Press Association, 
RSF, and the CPJ criticized the imprisonment of journalists and the 
Government's continued practice of detaining independent journalists 
and others simply for exercising their right to free speech.
    The Government used Ministry of the Interior agents to infiltrate 
and report on independent journalists.
    The authorities often confiscated journalists' equipment, 
especially photographic and recording equipment. Fax machines or 
computers could be purchased only using inconvertible pesos, with 
government permission; however, even if a receipt could be produced, 
police often confiscated equipment. Journalists reported that 
photocopiers and printers either were unavailable locally or the stores 
refused to sell them to individuals. During the year, the Government 
increased its efforts to confiscate satellite television antennas, 
which it considered ``subversive materials.''
    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 controlled members of the resident foreign press by 
requiring them to obtain an exit permit each time they wished to leave 
the country. The Government also forced foreign correspondents to hire 
local staff from government agencies.
    Distribution of information continued to be controlled tightly. 
Importation of foreign literature was controlled, and the public was 
unable to receive or possess foreign magazines or newspapers. Leading 
members of the Government asserted that citizens did not read foreign 
newspapers and magazines because they had access to government media, 
including the daily televised government led discussion on the issues 
which they needed to concern themselves. The Government sometimes 
barred independent libraries from receiving materials from abroad and 
seized materials donated by foreign diplomats.
    By year's end, 8 of 9 independent librarians arrested in March 2003 
and convicted of violating Law 88 or for ``acts against the 
independence or the territorial integrity of the State'' remained in 
prison, under sentences of 13 to 26 years' imprisonment.
    The Government controlled all access to the Internet, and all 
electronic mail messages were subject to government review and 
censorship. In November, RSF issued a report noting the severe 
repression of online freedom of expression. Access to computers and 
peripheral equipment was limited, and the Internet could be accessed 
only through government approved institutions. On January 12, the 
Ministry of Information and Communications issued a report stating 
there were 750 websites based in the country, including 1,100 ``.cu'' 
domains, many of which were hosted outside the country. Dial up access 
to government approved servers was prohibitively expensive for most 
citizens. For example, cyber cafes routinely charged 6 convertible 
pesos (150 pesos) per hour, nearly the average worker's monthly salary. 
Only foreigners were permitted to purchase Internet access cards from 
the national telephone monopoly, ETECSA. As a result, clandestine 
Internet connections continued to increase, and it was estimated that 
more than 40,000 of these connections were made during the year.
    On January 24, the Ministry of Information and Communications 
enacted a resolution stating that direct access to the Internet only 
would be available through telephone lines paid for in dollars, in an 
attempt to restrict access ``for the social good.'' In August, the 
Government closed six cyber cafes in Camaguey for not serving the 
``social good,'' leaving only one Internet cafe in the entire province. 
AI expressed concern stating, ``the new measures constitute yet another 
attempt to cut off Cubans' access to alternative views and a space for 
discussing them.''
    E-mail use grew slowly as the Government allowed access to more 
users; however, the Government still permitted access to very few 
persons or groups. In 2003, the Government blocked instant messaging 
programs. In 2002, 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 opened. The Government did not permit 
Catholic Church representatives to have Internet access.
    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 at the expense of freedom of expression. The 
educational system taught that the State's interests took precedence 
over all other commitments. Academics, government journalists, 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. Government policy required teaching materials for 
courses such as mathematics or literature to have an ideological 
content. Government efforts to undermine dissidents included denying 
them advanced education and professional opportunities. Government 
controlled public libraries denied access to books or information if 
the requestor was unable to produce a letter of permission from the 
proper government ministry. In 2003, President Castro stated publicly 
that the universities were open only to those who shared his 
revolutionary beliefs.
    On February 22, an official of the Association for the Promotion 
and Development of Literature barred independent journalist Abela Soto 
from a literary presentation in Pinar del Rio, stating that the event 
was ``only for revolutionaries.''
    On May 24, authorities expelled 16 year old student Yasmani Oliva 
from the Art Teachers School in Santa Clara for producing an anti 
Castro poster. He was sent home and later summoned to a minor's 
reeducation center.
    Artistic expression was less restricted. The Government encouraged 
the cultural community to attain the highest international standards 
and to sell its work overseas for hard currency.

    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.
    On February 9, Doralis Velasquez Falcon, wife of jailed labor 
activist Hector Raul Valle Hernandez, was summoned to the police 
station after a group of Czech officials visited her to express 
solidarity with her husband's case. Officers of the State Security 
agency warned that action would be taken against her if she continued 
her pro civil rights activities.
    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 seventh consecutive year, a procession in connection 
with Masses celebrating the feast day of Our Lady of Charity in Havana. 
A number of activists participated in the procession. The authorities 
permitted approximately 50 processions nationwide to mark the feast day 
of Our Lady of Charity but denied approximately 14 others. The Catholic 
Church decided to stop requesting permits for processions in areas 
where they historically were not permitted.
    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.). 
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 April 9, authorities in Regla informed Pedro Pablo Valdes that 
the ceremony his group was planning for April 11 to commemorate the 
2003 execution of three youths by the Government would be considered a 
``terrorist act'' and that participants would be punished accordingly. 
The PNR posted two uniformed officers at the home where the ceremony 
was to be held and forced the promoters to cancel the event.
    Family members and supporters of political prisoners continued 
their silent marches after attending weekly Mass at Havana's Santa Rita 
Catholic Church. Authorities attempted to discourage members from 
participating by arranging prison visits or phone calls with the 
prisoners on Sundays during hours that conflicted with the Masses and 
marches.
    The Government organized marches on May Day and held a rally, 
``Tribuna Abierta,'' every Saturday in a different municipality in the 
country. The Government employed CDRs and officials in the workplace to 
compel mass participation in these events, despite the fact that they 
were covered by both radio and television.
    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 
Ministry of Interior, decides whether to give organizations legal 
recognition. The authorities never have approved the existence of a 
human rights group; however, a number of professional associations 
operated as nongovernmental organizations (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. The Constitution proscribes any political 
organization other than the CP (see Section 3).
    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 permitted to function outside 
the control or influence of the State, the CP, and their mass 
organizations. With the exception of recognized churches and the 
Masons, who have 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 CP's 
Office of Religious Affairs. The Ministry of Interior engaged in active 
efforts to control and monitor religious institutions, particularly 
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. 
The Government has allowed religious adherents to join the CP since 
1991. A 1992 constitutional amendment prohibits religious 
discrimination and removed references to ``scientific materialism'' 
(i.e., atheism) as the basis for the State. The Government does not 
favor any one particular religion or church; however, the Government 
appeared to be most tolerant of those churches that maintained close 
relations to the State through the Cuban Council of Churches (CCC). The 
CCC generally was supportive of government policies. Members of the 
armed forces did not attend religious services in uniform.
    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, such as the Baha'i Faith and a 
small congregation of the Church of Jesus Christ of Latter day Saints. 
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 January, Orthodox Ecumenical Patriarch Bartholomew visited and 
presided over the consecration of a church for the small Greek Orthodox 
community in Havana. In November, a delegation of the Moscow 
Patriarchate of the Russian Orthodox Church visited the country to 
consecrate the first Russian Orthodox temple in the country. Government 
media cast these events as evidence of the Government's religious 
tolerance.
    On September 23, members of the First Bethany Baptist church of 
Holguin ended a 74 day hunger strike and sit in. The Government granted 
permission to renovate the church, but before the work was finished, it 
decided the renovation was too opulent and threatened to take over the 
facility. The Government only allowed work to continue after the 
protests.
    Government harassment of private houses of worship continued, with 
evangelical denominations reporting evictions from houses used for 
these purposes. The CCC claimed that most private houses of worship 
closed by the Government were unregistered and therefore 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 September 2003, the Conference of Catholic Bishops issued a 
document accusing the Government of imposing tighter restrictions on 
the Church and on society since the 1998 visit of Pope John Paul II, 
and calling on the Government to show clemency towards political 
prisoners.
    Unlike in 2003, authorities in the town of Managua in Havana 
Province permitted a procession to mark the feast day of the patron 
saint of Managua.
    The Government allowed 9 foreign priests and 19 religious workers 
to enter the country to replace other priests and nuns whose visas had 
expired. The applications of 60 priests and 130 other religious workers 
remained pending at year's end, as did a request from the Conference of 
Catholic Bishops for the Government to permit 15 Catholic orders to 
establish a presence in the country; the lack of approval limited the 
training of seminarians.
    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 
CP and government officials.
    Education is secular, and no religious educational institutions are 
allowed; however, the Catholic Church and Jewish synagogues were 
permitted to offer religious education classes to their members. 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. Religious 
literature and materials must be imported through a registered 
religious group and may be distributed only to officially recognized 
religious groups. 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 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 these 
visits were an effort to foster mistrust between the churches and human 
rights or pro democracy activists. In many churches, most noticeably at 
Santa Rita's, the Conference of Catholic Bishops estimated that the 
number of State Security agents attending Mass for the purpose of 
intimidating spouses of political prisoners increased.
    For a more detailed discussion, see the 2004 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 internal migration 
to Havana, and 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 some human rights advocates and independent 
journalists from traveling outside their home provinces, and the 
Government also sentenced others to internal exile.
    On July 13, authorities of the municipality of the Isle of Youth 
prevented independent journalist Carlos Serpa Maceira from traveling to 
Nueva Gerona to participate in the annual March 13 commemoration of 
those who drowned in the tugboat sunk by the Government in 1994. Serpa 
Maceira was advised he would be jailed if he attempted to travel to 
Nueva Gerona.
    Decree 217 prohibits persons in other provinces from moving into 
Havana on the grounds that unchecked internal migration would 
exacerbate the city's problems regarding housing, public transport, 
water, and electrical supplies; visits to the city were permissible. 
Police frequently checked the identification of persons on the streets, 
and anyone from another province living in Havana illegally could be 
fined 12 convertible pesos (300 pesos) and sent home. Fines were 40 
convertible pesos (1,000 pesos) for those who resided illegally in the 
neighborhoods of Old Havana, Cerro, or 10 de Octubre. 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.
    The Government imposed some restrictions on both emigration and 
temporary foreign travel. By year's end, the Government had refused 
exit permits to 836 people, but allowed the majority of persons who 
qualified for immigrant or refugee status in other countries to depart.
    In June, authorities denied an exit permit to Julio Antonio Valdes 
Guevara, 1 of the 75 activists arrested in March 2003 and subsequently 
released on April 15. Valdes Guevara was reportedly extremely ill and 
required hemodialysis and a kidney transplant. His wife, 4 year old 
son, sister, and brother-in-law all were granted exit permits.
    Some denials involved professionals who attempted 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 apply to other professionals as well.
    The Government routinely denied exit permits to young men 
approaching the age of military service (18 years) 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 1994 U.S. Cuba Migration Accords, 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 
(for example, merchant seamen who defected while overseas and sports 
figures who defected while on tours abroad).
    The Government also used both internal and external exile as tools 
for controlling and eliminating internal opposition. The Penal Code 
permits the authorities to bar an individual from a certain area or to 
restrict an individual to a certain area for a period of 1 to 10 years. 
Under this provision, authorities could exile any person whose presence 
in a given location they deemed to be ``socially dangerous.''
    The Government routinely invoked forced exile as a condition for 
political prisoner releases and also pressured activists to leave the 
country to escape future prosecution. Margarito Broche Espinosa's 
conditional release papers stated that he was released ``for 1 year,'' 
indicating that he would be imprisoned after 365 days if he remained in 
the country. The conditional release papers given to Oscar Espinosa 
Chepe indicated that he was released ``until he recovers his health,'' 
compelling him to leave the country before his health improved.
    Migrants who travel to the United States must pay the Government a 
total of 600 convertible pesos per adult and 400 convertible pesos per 
child, plus airfare. These government fees for medical exam, often of 
dubious quality, passport, and exit visa which must be paid in dollars 
were equivalent to approximately 5 years of a professional person's 
total peso salary and represented a significant hardship, particularly 
for political refugees. Many individuals applying for political refugee 
status were fired from their jobs for being ``politically unreliable'' 
and had no income. At year's end, however, there were no refugees 
unable to leave the country because of inability to pay exit fees.
    The Penal Code provides for imprisonment of up to 3 years or a fine 
of 12 to 40 convertible pesos (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 1994 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, although 
citizens who departed after December 31, 1970, must obtain a costly 
passport to reenter the country. Persons who are at least 18 years of 
age are eligible to travel abroad and may remain outside the country 
for up to 11 months. 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 may 
apply at consulates for renewable, 2 year multiple entry travel 
authorizations.
    The Constitution provides for the granting of asylum to individuals 
persecuted for their ideals or actions involving one of the following: 
``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.'' Although the Government has 
no formal mechanism to process asylum for foreign nationals, in 
practice, it provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
cooperated with the UNHCR, and provided temporary protection to a small 
number of persons. There was no information available on its use during 
the year.
    The Government had an established system for providing assistance 
to refugees. During the year, 15 persons applied for refugee status, of 
whom 10 were approved; according to the UNHCR, there were 795 refugees 
in the country.
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 to 
advocate change, and the Government retaliated systematically against 
those who sought peaceful political change. The Constitution proscribed 
any political organization other than the CP. In 2002, the Government 
amended the Constitution to restrict further citizens' rights to change 
the Government, making socialism the ``irrevocable'' basis of the 
Constitution. In March 2003, President Castro declared his intent to 
remain in power for life. 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 CP, the Politburo 
and the Central Committee.
    The authorities tightly controlled the selection of candidates and 
all elections for government and CP 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 
permitted to run for national office.
    In January 2003, the Government held national elections in which 
609 candidates were approved to compete for the 609 seats in the 
National Assembly. The CP was the only political party allowed to 
participate in the elections. The CP approved candidates for all 
offices. A small minority of candidates did not belong formally to the 
CP but were chosen through the same government-controlled selection 
process. According to the official media, 97.6 percent of registered 
voters participated in the elections, and the candidates were voted in 
by 91 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 CP were expressed in the 
government controlled national media. The Government saturated the 
media and used government ministries, CP entities, and mass 
organizations to urge voters to cast a ``unified vote'' where marking 
one box automatically selected all candidates on the ballot form.
    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 
years to elect 14,686 local representatives to the municipal 
assemblies, the lowest level of the Government's structure. In 2002, 
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 and 22 
percent were women; 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. In 2002, 
98.99 percent of the electorate allegedly signed a petition to retain 
the socialist nature of the regime indefinitely.
    Although not a formal requirement, in practice, CP 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 or actively suppressed 
calls for democratic reform. Since 2002, the Christian Liberation 
Movement, led by Oswaldo Paya, introduced 2 petitions (known as the 
Varela Project) with over 25,000 signatures to the National Assembly; 
the petitions proposed a 5 point national referendum on political and 
economic reforms. The petitions were 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 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 response, the National Assembly unanimously passed an amendment 
making socialism the irrevocable basis of the Constitution; however, 
the amendment did not rescind the right of citizens to propose 
legislation. On May 25, Paya issued a document called the ``National 
Dialogue'' that called for the development of a transition program and 
introduced proposals for reconciliation and the establishment of 
democracy.
    Varela organizers continued to collect signatures in support of 
their proposal; however, activists reported increased harassment by 
State Security agents. Varela activists were arrested and detained, 
signatures were confiscated, activists and signers were fined and 
threatened, and signers were forced to rescind signatures. State 
Security impersonated canvassing volunteers and increasingly 
infiltrated the ranks of activists. All 21 Varela activists arrested in 
2003 remained in prison at year's end.
    On August 3, State Security agents threatened and detained Varela 
activists Flora Maria Echevarria and Erica Isabel Arriera Reynoso of 
Quivican. The agents forced the women from a public bus, searched them, 
and confiscated several signed Varela petitions. They were detained for 
several hours and released.
    On February 4, pro democracy activist Vladimiro Roca of the 
movement ``All United'' published a document that examined the 
Constitution and suggested 36 reforms. The document was distributed to 
the public for comment and will be presented to the ANPP in the future 
for its consideration.
    Independent and official press reported incidences of government 
corruption and bribery, and several officials were removed from their 
positions for participating in corruption. In February, authorities 
removed Minister of Tourism Ibrahim Ferradaz and two of three deputy 
ministers in part because they were unable to control corruption.
    Public access to government information is a legal right; however, 
in practice, requests for information were routinely rejected, often on 
the grounds that access was not a right. Law 88 provides for fines or 
prison terms for those individuals in positions of power who give 
information deemed sensitive to foreign companies or persons.
    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 
CP. There were 2 women in the 24 member Politburo and 20 in the 150 
member Central Committee. Women held 219 seats in the 609 seat National 
Assembly. Although blacks and persons of partial African descent made 
up more than half the population, they held only six seats in the 
Politburo. Following the selection of the new ANPP in January 2003, 
government run Granma reported that the National Assembly was 67 
percent white, 22 percent black, and 11 percent mixed race.
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 by State Security officials and subjected to constant 
surveillance. Dissident leaders also were concerned that some 
individuals joined their groups to qualify for refugee status to leave 
the country. Public identification of suspected state infiltrators was 
a crime punishable by 8 to 15 years' imprisonment.
    In April 2003, authorities confirmed that 12 purported dissidents 
were in fact agents of the Ministry of the Interior. The 12 
infiltrators testified against several of the 75 human rights activists 
and independent journalists subjected to summary trials.
    The Government steadfastly rejected international human rights 
monitoring. Since 1992, the Government has refused to recognize the 
mandate of the UNCHR on Cuba and, despite being a UNCHR member, refused 
to acknowledge requests by Christine Chanet, the Personal 
Representative of the Commissioner on Human Rights, to visit the 
country. On April 15, the UNCHR passed a resolution that expressed 
concern about the human rights situation in the country and repeated 
its earlier call on the Government to receive the visit of Chanet. In 
January, she issued a report on the country's human rights situation, 
specifically addressing issues impeding the growth of civil society, 
such as arbitrary detentions, prison conditions, and summary trials.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution forbids discrimination based on race, sex, or 
national origin; however, evidence suggested that racial discrimination 
occurred frequently. The country is a multiracial society with a black 
and mixed race majority.

    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.
    Prostitution is legal for persons over 17 years of age; however, 
pandering and economic activities facilitating prostitution, including 
room rentals, are illegal. Press reports indicated that tourists 
visited specifically to patronize inexpensive prostitutes. Some street 
police officers were suspected of providing protection to the 
prostitutes (known as ``jineteras''). The Government periodically 
cracked down on prostitution, most recently in 2003, but jineteras 
remained numerous and publicly visible in Havana and other major 
cities. Most observers believed that the Government took these measures 
to combat the perception that the Government promoted sex tourism. The 
Government maintained centers to take prostitutes off the streets and 
reeducate them. There was no information available regarding whether or 
not the Government dismantled these centers, as recommended by a 2003 
U.N. Special Rapporteur's report.
    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 most recent (2000) public figures of the Cuban Women's 
Federation (FMC), a mass organization affiliated with the CP, women 
held 33 percent of managerial positions. The FMC also asserted that 
11,200 women received land parcels to cultivate, 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 for government protection of 
family, maternity, and matrimony. It also states that all children have 
the same rights under the law and notes the duties of parents to ensure 
their protection. State organizations and schools were charged with the 
comprehensive formation of children and youth. Public education was 
free through the university level; however, citizens could be barred 
for a lack of ``revolutionary beliefs.'' The law requires school 
attendance until the ninth grade, which was the highest level achieved 
by most children. According to the government press, 100 percent of 
school age children attended school. Education was suffused with 
Marxist ideology and anti-imperialist and anti-capitalist propaganda, 
beginning in primary school.
    The educational system often forced families to live apart. 
Residents of Havana who wanted their children to follow a university 
track education or ``pre university'' were required to send them to 
boarding schools outside the capital. Parents of children in rural 
areas had few schooling options and were often forced to send their 
children to rural boarding schools from as early as age 12. Religious 
groups and NGOs complained that sexual relations among students and 
even with teachers at boarding schools were tolerated and that children 
were required to participate in several hours of manual labor per day 
(see Section 6.c.).
    Children up to the age of seven received additional food rations, 
including meat and milk, through the ration card system.
    The national health care system covered all citizens; however, 
facilities were deteriorated and basic medicines were often impossible 
to find.
    Although seldom covered in the official media, there were 
occasional reports of child abuse; however, there was no societal 
pattern of child abuse. Police officers who found children loitering in 
the streets or begging from tourists frequently intervened and tried to 
find the parents. If a child was found bothering tourists more than 
once, police frequently fined the child's parents. During their summer 
vacation, students were pressured to enlist for up to a week of 
``volunteer labor'' at one of the various work camps in rural areas.
    Underage prostitution was a problem, with young girls engaging in 
prostitution to help support themselves and their families. Children 
could marry with the consent of their parents at the age of 14; 
however, Article 310 of the Penal Code provides for 2 to 5 years' 
imprisonment for anyone who ``induces minors under 16 years of age to 
practice homosexuality or prostitution.'' The police generally enforced 
laws on underage prostitution; however, the phenomenon continued as 
more cabarets and discos opened catering to the sexual tourism trade. 
Workers at some tourist facilities appeared to profit from underage 
prostitution. The Government did not publicly acknowledge the 
prevalence of underage prostitution; however, the Government prosecuted 
persons involved in child prostitution and child pornography and 
assisted other countries in international investigations of child 
sexual abuse.

    Trafficking in Persons.--The Penal Code prohibits trafficking in 
persons, and there were no reports that persons were trafficked to or 
from the country. There were incidents of trafficking within the 
country for purposes of sexual exploitation and forced labor, which 
were not reported in the official media.
    The revised Code makes 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.
    The Ministry of Justice, the Ministry of Education, the PNR, and 
local governments are tasked with different facets of combating 
trafficking in persons and the problem of underage prostitution, and no 
entity had complete autonomy dealing with these issues. The police 
investigated and arrested traffickers, the Ministry of Justice 
prosecuted and incarcerated traffickers, and the Ministry of Education 
rehabilitated prostitutes, including underage prostitutes. Child 
victims generally were treated as criminals and were incarcerated for 
breaking laws on prostitution. In June, the Government reported that 
between 2000-04, there were 881 trials for those accused of procuring 
prostitutes, with 1,377 individuals convicted and sentenced to prison. 
There was no data published on prosecutions of trafficking of underage 
children in prostitution.
    There were reports of trafficking within the country for purposes 
of sexual exploitation and forced labor. Victims of trafficking for 
sexual exploitation generally were teenage girls age 14 to 17 who are 
abused in prostitution. The country was also a destination for sex 
tourists, including foreigners searching for underage prostitutes. 
Victims of trafficking for forced labor included children coerced to 
work in commercial agriculture.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services; however, 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.
    The Special Education Division of the Ministry of Education was 
responsible for the education and training of children with 
disabilities. The Ministry of Labor and Social Security was in charge 
of the Job Program for the Handicapped.

    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. At the 
2001 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, 
traditionally areas of black or mixed race populations (see Section 
2.d.).

    Other Societal Abuses and Discrimination.--In the early years of 
the regime, government rhetoric and official policy was anti 
homosexual, and homosexuals were forcibly sent to ``reeducation 
camps.'' Although such policies no longer persist, societal 
discrimination continued.
    The Government restricted persons found to be HIV positive to 
sanatoriums for treatment and therapy before conditionally releasing 
them into the community.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution gives priority to 
state or collective needs over individual choices regarding free 
association or provision of employment. The demands of the economy and 
society take precedence over individual workers' preferences. 
Established official labor unions have a mobilization function and do 
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 
CP, which also managed the enterprises for which the laborers worked. 
Because all legal unions were government entities, anti union 
discrimination by definition did not exist.
    The CP selects the leaders of the sole legal labor confederation, 
the CTC, whose principal responsibility is to ensure that government 
production goals are met. Despite its assertions in international fora 
to the contrary, 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 freedom of 
association and the right to organize. Those who attempted to engage in 
unofficial union activities faced government harassment. In June 2003, 
the International Labor Conference concluded that government law and 
practice were in violation of ILO Convention 87 on Freedom of 
Association. The Applications Committee of the International Labor 
Conference also called upon the Government to release trade unionists 
arrested in March 2003 and urged the Government to accept an ILO 
mission to verify labor conditions and to work with the Government to 
ensure full compliance with Convention 87. The Government rejected the 
Application Committee's conclusions and any possibility of an ILO 
mission.
    In June, the ILO's Committee on Freedom of Association (CFA) 
reaffirmed its November 2003 criticisms of the authorities' recognition 
of only a single official union and prohibition of independent trade 
unions. The CFA also cited the absence of collective bargaining and of 
the right to strike, as well as the arrest and harassment of union 
members, government infiltration of independent unions, and illegal 
house searches. The CFA expressed particular concern regarding the 
arrests and lengthy imprisonment of union organizers in March and April 
2003 and recommended that an ILO Direct Contacts Mission be allowed to 
enter the country to investigate the situation.
    Workers often lost their jobs because of their political beliefs, 
including their refusal to join the official union. Several small 
independent labor organizations were created, although they functioned 
without legal recognition. These organizations also were subject to 
infiltration by Government agents and were unable to represent workers 
effectively or work on their behalf.
    At year's end, seven of the nine labor leaders arrested in March 
2003 remained in prison, including Pedro Pablo Alvarez Ramos. During 
the year, authorities released Carmelo Diaz and Roberto de Miranda.
    On March 30, authorities fired agricultural engineer Alexis Ramirez 
Rodriguez from his position in the Granma Biochemical Factory of Bayamo 
for not contributing to the union's ``militia'' fund or participating 
in revolutionary union events. Ramirez was a delegate of the National 
Independent Workers' Confederation of Cuba.
    On September 23, two municipal housing inspectors from Villa Clara, 
Sandra Cedeno Leon and Odalys Bacallao Diaz, reported being fired by 
their supervisor for having signed the Varela Project. Their labor 
records did not reflect the reason for dismissal.
    On October 15, secret police beat trade unionist Lazaro Gonazlez 
Adan in his home in Camaguey and subsequently arrested him on charges 
of ``disrespect'' for state authority.

    b. The Right to Organize and Bargain Collectively.--Although the 
Cuban labor code provides for collective bargaining, it does not exist 
in practice. The State Committee for Work and Social Security (CETSS) 
sets wages and salaries for the state sector, which is virtually the 
only employer in the country. The law does not provide for strikes, and 
none were known to have occurred during the year. The country's three 
export processing zones located at Beroa, Wajay, and Mariel were in the 
process of being dismantled; however, there were no special laws or 
exemptions from regular labor laws in these zones.
    The Foreign Investment Law denies all workers, except those with 
special government permission, the right to contract directly with 
foreign companies investing in the country. Although a few firms 
managed to negotiate exceptions, the Government required foreign 
investors and diplomatic missions to contract workers through state 
employment agencies, which were paid in foreign currency, but which, 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 former Minister of Basic Industry Marcos 
Portal, the state employment agencies consulted with the CP, the CTC, 
and the Union of Communist Youth to ensure that the workers chosen 
``deserved'' to work in a joint enterprise.
    On January 9, authorities summoned Antonio Alonso to the Ministry 
of Interior in the Municipality of Songo La Maya and fined him for his 
union activities. Alonso was told by an official that he had been 
tasked with ``getting rid'' of all the independent unions by 
prohibiting all meetings, seminars, and training courses offered by 
these groups.

    c. Prohibition of Forced or Compulsory Labor.--Neither the 
Constitution nor the Labor Code prohibits forced or compulsory labor by 
adults. The Constitution prohibits forced or compulsory labor by 
children; however, there were reports that such practices occurred (see 
Section 5). The Government maintained correctional centers where it 
sent persons for crimes such as ``dangerousness.'' Prisoners held in 
such centers were forced to work on farms or at sites doing 
construction, agricultural, or metal work. The authorities often 
imprisoned uncooperative internees.
    The Government employed special groups of workers, formed into 
``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.
    On April 16, Alberto Martinez Femmdy, a prisoner in the Corojo 
correctional facility, denounced in a letter smuggled out of prison 
that he was forced to participate in manual labor from 4:30 a.m. to 8 
p.m. 7 days a week.
    On June 15, economist Felix Reyes Gutierrez was demoted as 
punishment for blowing the whistle on corruption and theft at the 
Ramiro Lavandreo Cruz cigarette factory in Villa Clara, where he 
worked. Reyes was subsequently reassigned to do agricultural labor.
    Forced and compulsory labor by children occurred in practice.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government prohibits forced and compulsory labor by children; however, 
the Government required children to work in various situations. 
Students at rural boarding schools were expected to participate in 
several hours of manual labor per day. Secondary school students were 
expected to devote up to 15 days of their summer vacation completing a 
variety of tasks ranging from farm labor to urban cleanup projects and 
were paid a small wage for this labor. Students in post secondary 
institutions (technical schools, university preparatory schools, and 
agricultural institutes) were expected to devote 30 to 45 days per year 
to primarily agricultural work. According to school rules, refusal to 
do agricultural work could result in expulsion from the institution. 
The country has not ratified ILO Convention 182, but the Government 
adhered to Convention 182 standards concerning the elimination of the 
worst forms of child labor.
    The legal minimum working age is 17. However, the Labor Code 
permits the employment of 15 and 16 year old children to obtain 
training or to fill labor shortages. The Labor Code does not permit 
teenagers to work more than 7 hours per day or 40 hours per week or on 
holidays. Children age 13 to 18 cannot work in the following 
situations: As longshoremen (load/unload excessive weight); in mines; 
underground; near noxious, reactive or toxic substances; in high 
places; or at night. The Labor Code permits persons age 18 or over to 
work underground or with noxious substances.

    e. Acceptable Conditions of Work.--CETSS sets the minimum wage, 
which varies by occupation. For example, the minimum monthly wage for a 
maid was 6.35 convertible pesos (165 pesos); for a bilingual office 
clerk, 7.30 convertible pesos (190 pesos); and for a gardener 8.30 
convertible pesos (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 
approximately 1 week per month). The Government rationed most basic 
necessities such as food, medicine, clothing, and cooking gas, which 
were expensive and often scarce. However, even with these subsidies, 
the minimum wage did not provide a decent standard of living for a 
worker and family.
    The Government required foreign companies in joint ventures with 
state entities to hire and pay workers through the State (see Section 
6.b.). HRW 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 convertible 
pesos per worker per month; however, because the Government paid 
salaries in pesos instead of convertible pesos, workers only received 4 
percent of the money foreign companies paid to the Government for their 
services.
    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. The labor code provides workers with a weekly 24-hour rest 
period.
    Laws providing for workplace environmental and safety controls were 
inadequate, and the Government lacked effective enforcement mechanisms. 
Independent press and international organizations reported that 
industrial accidents 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 to refuse 
to work in a 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.

                               __________

                                DOMINICA

    Dominica is a multiparty, parliamentary democracy governed by a 
prime minister, a cabinet, and a unicameral legislative assembly. 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 with largely ceremonial powers. Prime 
Minister Pierre Charles' Dominica Labour Party (DLP) prevailed in 
generally free and fair elections in 2000. Following the sudden death 
of Prime Minister Charles on January 6, Members of Parliament appointed 
Roosevelt Skerrit as Prime Minister on January 8. The judiciary is 
independent.
    The Office of the Prime Minister oversaw the Dominica Police, the 
country's only security force. The civilian authorities maintained 
effective control of the security forces. Some members of the security 
force committed human rights abuses.
    The country has a primarily agrarian, market-based economy and a 
population of 70,400. The economy continued to depend heavily on 
earnings from the declining banana industry. The Government's efforts 
to market the island as an ecotourism destination produced mixed 
results, with increases in arrivals by cruise ship passengers but a 
drop in over-night stays. There was a high external debt and an 
unemployment rate of approximately 23 percent. Gross domestic product 
was estimated to increase by 1.1 percent and inflation was estimated to 
be 2.4 percent.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a few 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.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, but there were 
some complaints of use of excessive force by the police.
    During the year, 13 cases of misconduct were brought against the 
police, of which 7 were for excessive force. By year's end, one case of 
excessive force was before a disciplinary tribunal, five were being 
investigated, and one was dropped for lack of evidence.
    Of the 29 cases brought against the police in 2003, 19 were for 
excessive force. Ten cases of excessive force were brought before a 
disciplinary tribunal and 9 were dismissed.
    Prison conditions were poor. The prison buildings were in 
disrepair, conditions remained unsanitary, and overcrowding was a 
serious problem. The State Prison held 290 prisoners in a facility 
designed for approximately 200.
    Female prisoners were held separately from male prisoners, and 
juveniles were segregated from adult inmates. Pretrial detainees were 
held with convicted prisoners, due to overcrowding and a lack of 
sufficient holding cells.
    The Government permitted prison visits by independent human rights 
observers, although no such visits were known to have occurred during 
the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The 408-officer police effectively carried out its responsibilities 
for public order. The police have a formal complaint procedure to 
handle allegations of excessive force or abuse by police officers. 
During the year, the police force received 13 complaints of abuse, of 
which 2 were referred to the Attorney General and 11 were handled 
internally.
    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 are unable to bring a 
detainee to court within the requisite period, the detainee could be 
released and rearrested later. There is a functioning system of bail. 
Criminal detainees were provided prompt access to counsel and family 
members.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judicial system is composed of 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 are presumed innocent until proven guilty, 
are allowed legal counsel, and have 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 actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom.
    An independent press, an effective judiciary, and a functioning 
democratic political system combined to ensure freedom of speech and of 
the press.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Although churches are not required to register, they must do so to 
own property, and ministers of registered churches may have an easier 
time obtaining long-term work visas. The Church of Jesus Christ of 
Latter-day Saints reported difficulties receiving official government 
recognition. The Attorney General reportedly refused to register the 
church after receiving an unfavorable report on the matter from the 
Dominica Council of Churches. Despite evidence showing that the church 
was registered in other countries in the region, the issue was not 
resolved at year's end.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The Constitution prohibits forced exile, and the Government did not 
use it.
    The Government has not formulated a policy regarding refugees or 
asylum. In practice, the Government provided protection against 
refoulement, the return of persons to a country where they feared 
persecution, but did not routinely grant refugee status or asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Elections must be held at least every 5 years, 
although the Prime Minister can call elections at any time. The 
unicameral House of Assembly is composed of 21 parliamentary 
representatives and 9 senators. The representatives are 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.
    In January 2000, the DLP won 10 seats in generally free and fair 
elections, defeating the United Workers' Party. DLP leader Roosevelt P. 
``Rosie'' Douglas forged a majority coalition and served as Prime 
Minister until his death in October 2000. Pierre Charles subsequently 
was appointed Prime Minister and served until his death on January 6. 
On January 8, Parliament appointed Roosevelt Skerrit as the new Prime 
Minister. New elections should be held by July 2005.
    Corruption was a moderate problem, although the country had not 
formulated an anti-corruption plan to address the problem.
    The law does not provide for public access to government 
information, and the Government did not provide such access in 
practice.
    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.
    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, Societal Abuses, and Trafficking in Persons
    The Constitution includes provisions against racial, sexual, and 
religious discrimination, which the authorities generally respected in 
practice.

    Women.--Domestic violence cases were common. There are no specific 
spousal abuse laws; however, women could bring charges against husbands 
for battery, and the police and the courts prosecuted cases of rape and 
sexual assault. 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.
    The Protection Against Domestic Violence Act allows abused persons 
to appear before a magistrate without an attorney and request a 
protective order. The court also may order the alleged perpetrator to 
be removed from the home in order to allow the victims, usually women 
and children, to remain in the home while the matter is investigated. 
Police officers continued to receive training in dealing with domestic 
abuse cases. The Dominica National Council of Women, a nongovernmental 
organization, taught preventive education about domestic violence and 
maintained a shelter where counseling and mediation services were 
available daily and provided to approximately 150 persons. Due to a 
shortage of funding, the organization only could 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. The Catholic 
Church continued to be active in educating the public about domestic 
violence.
    The law does not prohibit sexual harassment, and it remained 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 dies without a will, the 
wife may not inherit or sell the property, although she may live in it 
and pass it to her children. The law establishes fixed pay rates for 
specific civil service jobs, regardless of gender. The Labor Department 
reported that many rural women found it difficult to meet basic needs, 
which partly resulted from continued declines in the banana export 
industry.

    Children.--The Government was committed to children's rights and 
welfare.
    Primary education is compulsory, free, and universal through the 
age of 16. Approximately 90 percent of school-age children attended 
school.
    Primary health care was available throughout the island, and boys 
and girls had equal access.
    Chile abuse continued to be a problem. During the year, the Welfare 
Department received reports of 114 cases of child abuse, including 
child sexual abuse and incest, compared with more than 200 in 2003. 
Enforcement of children's rights laws continued to be hampered by lack 
of staffing.
    Although the maximum sentence for sexual molestation (rape, incest) 
is 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.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
and there were no reports that persons were trafficked to, from, or 
within the country. Persons convicted of trafficking are subject to a 
fine of $37,500 (EC$100,000) and/or up to 7 years in prison.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services; however, there is no 
legal requirement mandating access to buildings for persons with 
disabilities. Labor laws permit authorization of employment to persons 
with disabilities for less than the minimum wage, to increase 
employment opportunities for such persons (see Section 6.e.).

    Indigenous People.--There was a significant Carib Indian 
population, estimated at 3,500 persons, most of whom lived on a 3,782-
acre reservation. Despite having a representative in the Government, 
the Caribs believed that the Government could do more to protect their 
civil and political rights. Approximately 65 percent of the Carib 
population was between the ages of 18 and 35. There was a three-person 
police station on the reservation, generally staffed by Carib Indians. 
School, water, and health facilities on the reservation were 
rudimentary but similar to those available to other rural citizens; 
there were two primary schools and no secondary school on the 
reservation. Unemployment on the reservation generally was higher than 
in rest of the country, and average income was below the national 
average. The government-financed Carib Model Village to showcase Carib 
culture was still not formally open due to unresolved construction 
issues; however the buildings were complete and open to the public.
    The Carib Act states that any child of a Carib Indian is also 
Carib. Non-Caribs may become Carib Indians if they are invited to live 
on the reservation and continuously do so for 12 years. Carib Indians 
over the age of 18 who reside there are eligible to vote for the Chief 
and 6 members of the Council of Advisors (they also are eligible to 
vote in national elections). Separate elections for council members and 
the Chief are 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.
    Reservation building permits may be obtained from the Carib Council 
and only were available to Carib Indians. Although the law permits 
Carib men and women married to non-Caribs to continue living on the 
reservation, in practice, Carib women married to non-Caribs had to move 
off the reservation. An estimated 25 percent of the Carib Indian 
population was believed to be in mixed marriages or relationships.
    The law establishing the Carib reservation does not delineate 
clearly the reservation boundaries, and, despite government efforts to 
address this issue, Caribs continued to face increasing encroachment on 
their territory by farmers, particularly on the southern side of the 
reservation. Carib Indians also continued to report difficulties 
obtaining bank financing, particularly since reservation land was 
communal and therefore unavailable for use as collateral for loans.
Section 6. Worker Rights
    a. The Right of Association.--Workers exercised the legal right to 
organize and choose their representatives. Unions represented 
approximately one-third of the total work force; approximately half of 
government workers were unionized.
    The law provides that employers must reinstate workers fired for 
union activities; however, unions were concerned that this law was not 
being honored. The National Workers Union and the Waterfront and Allied 
Workers Union pursued separate cases on behalf of shop stewards who, 
the unions alleged, were dismissed for union activities in 2003. These 
two cases remained unresolved at year's end.

    b. The Right to Organize and Bargain Collectively.--Unions have 
legally defined rights to organize workers and to bargain with 
employers. Workers exercised this right, particularly in the 
nonagricultural sectors of the economy, including in government 
service, and there also is recourse to mediation and arbitration by the 
Government. There are no export processing zones.
    The law provides for the right to strike, and workers exercised 
this right in practice. The banana, coconut, and citrus fruit 
industries as well as port services are deemed essential services, 
which effectively prohibits workers in these sectors from going on 
strike. The International Labor Organization (ILO) considered this 
definition overly broad and repeatedly urged the Government to redefine 
essential services as those whose interruption 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 Industrial 
Relations Advisory Board, which is composed of union members, 
government representatives, and private businessmen, advised the 
Minister of Labor to amend this legislation and remove the coconut and 
citrus industries from the definition of essential services.
    In October, a court found in favor of the Government in the case 
brought forward by the Public Service Union (PSU) concerning the 
legality of government cost-cutting measures. The PSU appealed the 
decision to the Privy Council in London, and a decision was pending at 
year's end.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, and there 
were no reports that such practices occurred. The ILO asked the 
Government to repeal the National Service Act, on the grounds that it 
is conducive to forced labor for economic development; however, the 
Government took no action on the request.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although two acts prohibit employment of children, one act defines a 
``child'' as under age 12 and the other under age 14. The Government 
defined 15 years as the minimum age for employment and enforced this 
standard in principle.

    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 ranged from $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. By year's 
end, the Government still had not acted on the 1998 recommendations of 
the Minimum Wage Advisory Board to increase wage levels.
    Labor laws 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 
overtime for work above the standard workweek; however, excessive 
overtime is not prohibited.
    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 prescribe specific compliance measures, impose fines, and 
prosecute offenders. Workers have the right to remove themselves from 
unsafe work environments without jeopardy to continued employment.

                               __________

                           DOMINICAN REPUBLIC

    The Dominican Republic is a representative constitutional democracy 
with an executive branch headed by an elected president, a bicameral 
legislature, and a separate judiciary. In August, President Leonel 
Fernandez of the Dominican Liberation Party (PLD) retook office after a 
generally free and fair presidential election, replacing President 
Hipolito Mejia of the Dominican Revolutionary Party (PRD). The PRD 
continued to control the Senate, with 29 of 32 seats, and held 72 out 
of 150 seats in the Chamber of Deputies; the remaining seats in the 
Chamber of Deputies were divided between the PLD (42 seats) and the 
Social Christian Reform Party (PRSC) (36 seats). The Constitution 
provides for an independent judiciary; however, internal corruption and 
interference from outside authorities remained a problem.
    The National Police, the National Department of Investigations 
(DNI), the National Drug Control Directorate (DNCD), the Airport 
Security Authority (CESA), Port Security Authority (CESEP), and the 
armed forces (army, air force, and navy) form the security forces. The 
National Police maintained internal security in conjunction with the 
military. The military's domestic responsibilities include maintaining 
public order and protecting persons and property. The police are under 
the Secretary of the Interior and Police; the military, CESA, and CESEP 
are under the Secretary of the Armed Forces; and the DNI and the DNCD, 
which have personnel both from the police and from the military, report 
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. Some members of the security forces committed 
a number of human rights abuses.
    The country has a diversified market-based economy and a population 
of approximately 8.8 million, including an estimated 650,000 
undocumented Haitians. Tourism, telecommunications, and exports from 
Free Trade Zones (FTZs) were major sources of foreign currency and 
providers of employment. Remittances from abroad exceeded $2.5 billion. 
Economic growth for the year was estimated at 2 percent. Inflation was 
estimated at an annual rate of 29 percent. Wages and benefits did not 
keep pace with inflation.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Members of the security forces continued to commit unlawful killings. 
The police and, to a lesser degree, the military, tortured, beat, or 
otherwise abused suspects, detainees and prisoners. Prison conditions 
ranged from poor to harsh. Police arbitrarily arrested and detained 
suspects and suspects' relatives. 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 and editors practiced self-
censorship. The Government restricted the movement of Haitian and 
Dominican-Haitian migrants and forcibly expelled some of them. Other 
serious problems included violence and discrimination against women; 
child prostitution; abuse of children; discrimination against persons 
with disabilities; and severe discrimination against and abuse of 
Haitian migrants and their descendants. Trafficking in persons was a 
serious problem, although the Government increased its investigations 
of traffickers. There continued to be reports of forced labor. Some 
workers were not able to organize freely and continued to face unsafe 
labor conditions. Child labor was a serious problem.
    The Government made some advances in improving respect for human 
rights and worker rights. Notably, a new Criminal Procedures Code took 
effect in September that provided suspects with additional protections. 
A new Code for Minors took effect in October that provided for 
additional protections and stiffer sanctions in cases of sexual or 
commercial exploitation. The judiciary continued to consolidate its 
independence and carry out reforms aimed at greater efficiency and due 
process. Additional military and police units received training in 
human rights. A new penitentiary school began training guards and 
administrators. Congress passed a law allowing free access to public 
information. The Government improved its capacity to fight trafficking 
in persons and increased investigations of traffickers.
                        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 
politically motivated killings by the Government or its agents; 
however, security forces were involved in many killings that were 
unlawful, unwarranted, or involved excessive use of force.
    Security forces killed between 250 and 350 people during the year. 
In the majority of killings by police, the police stated that the 
deaths resulted from a gunfire exchange in the course of an arrest, 
which required officers to act in self-defense. A number of eyewitness 
accounts corroborated police reports; others did not. Many killings 
were related to aggressive tactics on the part of the police.
    The National Commission on Human Rights reported approximately 300 
killings by security forces, 20 of which occurred after a new National 
Police chief took control of the police department in August. A major 
newspaper reported 360 deaths in ``exchanges of gunfire'' with police 
during the year, including 74 such deaths from August until the end of 
the year. The National Police reported 75 deaths at the hands of 
officers between August and the end of the year, compared with 167 such 
killings during the same time period in 2003. According to the National 
Police, three of the post-August killings were unlawful. Accounts of 
incidents varied, and some went unreported.
    According to the National Police, authorities had referred 30 cases 
to civilian courts for accusations of unlawful killings as of October. 
However, human rights organizations stated that the police employed 
unwarranted deadly force about as often against criminal suspects as in 
previous years, and uniformed vigilantism persisted on a less-than-
deadly level (see Section 1.c.). The lack of qualified investigators 
and the nontransparent conduct of investigations of killings in 
``exchanges of gunfire'' resulted in impunity in a number of cases.
    In January, Sergeant Major Pablo Valdez Perez, Sergeant Cesar 
Troncoso Encarnacion, Corporal Wilson Aquino Garcia, and Corporal Nandy 
Beltre Espinosa rushed a car parked in front of the passenger's house 
at nighttime without identifying themselves as officers. The occupants 
tried to drive away, and the policemen opened fire, killing the 
passenger and injuring the driver. The case was referred to the 
civilian Court of Instruction in the National District. At year's end, 
three of the policemen were free on bail, and Beltre was awaiting a 
bail hearing.
    Police Lieutenant Reyes Santana, known as ``Tyson,'' and Sergeant 
Medina Medina were sentenced to 8 years in prison and required to pay 
indemnification of approximately $33,000 (1 million pesos) for a 2001 
killing in which the officers claimed that there was an exchange of 
gunfire with the victim.
    Many cases previously referred to courts for investigation remained 
unresolved or resulted in the release of the accused. The Supreme Court 
investigation into the court-ordered release of police officer Cristino 
Alvarez Ventura, who shot and killed a youth in September 2003, 
remained pending at year's end.
    There were no developments in the case of the September 2003 
mistaken identity killing by police officer Rubio Blondy and another 
officer. The case was sent to the civilian Court of Instruction in the 
National District where it remained in the investigation phase.
    In the case against off-duty police officers Abel Garcia and Luis 
Castro Concepcion for the October 2003 killing of an advertising agent, 
a court dismissed charges against Garcia but convicted Castro and 
sentenced him to 4 months in jail.
    Police lieutenant Juan Bautista Berroa and his accomplices were 
free on bail pending trial for an unlawful killing in 2002 in San Pedro 
de Macoris.
    Pedro Encarnacion Baez, convicted of the 2001 killing of Carmelo 
del Rosario, was sentenced to 15 years in jail but has been free on 
bail since December 2002.
    A significant number of deaths occurred in custody due to 
negligence by prison authorities (see Section 1.c.).
    There were reports of violence against demonstrators and protesters 
by members of the security forces, including some deaths (see Section 
2.b.).

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    There were no developments in the case of Narciso Gonzalez, a 
university professor and critic of the Balaguer Government who 
disappeared in 1994. In 2002, a judge ordered that former Secretary of 
the Armed Forces Constantino Matos Villanueva be tried in a criminal 
court in connection with the disappearance. The judge excluded two 
other individuals, General Leonardo A. de Jesus Reyes Bencosme and Air 
Force Colonel Manuel Concepcion Perez Volquez, from the case, although 
the victim's family appealed this decision. That appeal and Matos 
Villanueva's appeal of the decision to try him in criminal court 
remained pending in Santo Domingo's Court of Appeals. There was no 
action on the family's complaint to the Inter-American Commission on 
Human Rights.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the law prohibit such practices; 
however, some security forces personnel, primarily mid-level and lower-
ranking police officers, continued to torture, beat, and otherwise 
physically abuse detainees and prisoners.
    The law provides penalties for torture and physical abuse, 
including sentences from 10 to 15 years in prison. Civilian prosecutors 
sometimes filed charges against police and military officials alleging 
torture, physical abuse, and related crimes. New abuse and torture 
cases were remanded to civilian criminal courts as they arose; mid-
level officers sometimes contested civilian jurisdiction (see Section 
1.e.).
    Senior police officials took the prohibition on torture and 
physical abuse seriously, but lack of supervision, training, and 
accountability throughout the law enforcement and corrections systems 
exacerbated the problem. Human rights groups reported repeated 
instances of physical abuse of detainees, including various forms of 
torture, beatings, and sexual abuse. Certain police units, called ``the 
surgeons,'' intentionally shot young men in the lower extremities 
during nighttime patrols as part of a strategy to deter crime, 
resulting in a number of serious injuries and amputations.
    According to human rights organizations, both the National Police 
and prison officials 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.
    Police Colonel Francisco Beras Santos, accused in 2002 of torture 
and sexual violation of a woman in his police station, was released for 
lack of evidence.
    According to the National Commission on Human Rights, military and 
police officials reportedly beat, tortured, and randomly deported 
Haitians living in the border towns of Pedernales and Elias Pina (see 
Section 2.d.).
    National District Prosecutor's lawyers monitored the investigative 
process to ensure that detainees' rights were respected in high-volume 
police stations and in several DNCD offices (see Section 1.d.). There 
was some evidence that assistant prosecutors at times acquiesced in 
traditional police practices rather than attempt to raise these 
practices to constitutional standards. In some instances, authorities 
interpreted the presence of prosecutors as meaning that detainees could 
be held more than 48 hours after being transferred from police custody 
to prosecutorial custody. However, with the implementation of the new 
Criminal Procedures Code in September, detainees received additional 
protections, and respect for detainee rights improved, including 
through increased enforcement of time limits for pretrial detention 
(see Section 1.d.).
    Both the National Police and armed forces offered training courses 
for human rights (see Section 1.d.).
    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 the control of the authorities. The General Directorate of 
Prisons is under the authority of the Attorney General and was 
seriously underfunded. Budget allocations for necessities such as food, 
medicine, and transportation were insufficient. 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 to obtain it from family 
members. Prisoners and human rights groups alleged that prisoners were 
not taken to their trials unless they paid bribes to the guards (see 
Sections 1.d. and 1.e.). Visitors often had to bribe prison guards in 
order to visit prisoners. Prison officials accepted money in exchange 
for a recommendation that the prisoner be furloughed or released for 
health reasons. Prisons often did not provide adequate medical care to 
inmates. In Rafey prison, 30 percent of prisoners had skin problems 
such as scabies, 15 percent had hypertension, and 10 percent had 
respiratory problems. Prisoners immobilized by AIDS or who terminal 
illnesses were not transferred to hospitals, although some terminal-
stage inmates were released to spend their last days at home.
    According to the Directorate of Prisons, the police and the 
military held more than 13,500 prisoners and detainees in 35 prisons 
with a total intended capacity of approximately 9,000. Virtually all 
prisons experienced extreme overcrowding. La Victoria prison, the 
largest in the country, held more than 3,500 prisoners in a facility 
designed for 1,000 and had only 354 beds for all of the inmates. Rafey 
prison held approximately 1,200 prisoners, although it was designed to 
hold only 600.
    Although a warden who reports to the Attorney General was 
responsible for running each prison, in practice, a police or military 
officer (generally appointed for a period of only 3 to 6 months and 
responsible for providing security) was usually in charge of the 
prison. Some prisons were totally out of the authorities' control and 
were, in effect, operated by armed inmates. Individual inmates could 
secure a tolerable level of existence only by paying for food, sleeping 
space, and medical care.
    The press and human rights groups also reported extensive drug and 
arms trafficking within the prisons, as well as prostitution and sexual 
abuse, including abuse of minors. In February, the DNCD uncovered a 
large cache of drugs, alcohol, and weapons in Rafey prison. In August, 
three prisoners were burned to death during a riot in Mao that began as 
a dispute over the control of the drug trade in the prison.
    In August, the Government inaugurated the National Penitentiary 
School in Santo Domingo. Graduates of the school served as career 
prison guards (replacing military or police guards on temporary prison 
duty assignment) and as prison administrators. The students received 
training in human rights and nonviolent restraint methods, and, by 
year's end, graduates had been posted to a new prison in Puerto Plata.
    Female inmates were separated from male inmates, and about half of 
the total female population was held in a female-only prison. In 
general, conditions in the female prison wings were better than those 
in male prison wings. There were some reports of guards abusing female 
inmates physically and sexually. There were also reports that, in the 
Najayo prison, guards forced women into prostitution in exchange for 
food and protection. Female inmates, unlike their male counterparts, 
were prohibited from receiving conjugal visits. Those who gave birth 
while incarcerated were permitted to keep their babies with them for a 
year.
    The law requires that juveniles be detained separately from adults; 
however, juveniles often were mixed with the general population. The 
authorities sometimes treated minors as adults and incarcerated them in 
prison rather than juvenile detention centers.
    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.
    The Government permitted prison visits by independent human rights 
observers and by the press, and such visits took place during the year.

    d. Arbitrary Arrest or Detention.--The Criminal Procedures Code 
implemented in September prohibits detention without a warrant unless a 
suspect is apprehended in the act or in other limited circumstances; 
however arbitrary arrest and detention continued to present problems. 
The Constitution provides that an accused may be detained for only 48 
hours before being presented to judicial authorities. It also provides 
for recourse to habeas corpus proceedings to request the release of 
those unlawfully held; however, the police continued to violate 
constitutional and legal provisions by detaining suspects for 
investigation or interrogation beyond the prescribed 48-hour limit or 
detaining suspects without a warrant. In particular, the police often 
detained all suspects and witnesses in a crime and used the 
investigative process to determine who were innocent and merited 
release, and whom they should continue to hold. Additionally, police 
continued to detain relatives and friends of suspects in order to 
pressure suspects to surrender or to confess. These practices were 
employed less often after the new Criminal Procedures Code came into 
force.
    The National Police, numbering more than 27,000, serve throughout 
the country; there are no separate municipal forces. The Ministry of 
the Interior and Police is responsible for making policy decisions 
affecting the police force. The military is also charged with providing 
internal security.
    According to the National Commission on Human Rights, the military 
and police collaborated with their Haitian counterparts at the border 
to accept bribes from Haitians attempting to cross illegally. The 
Institute of Human Dignity, a branch of the National Police which until 
August was headed by new Police Chief General Manuel de Jesus Perez 
Sanchez, monitors human rights abuses committed by members of the 
National Police. The Institute held more than 100 courses, seminars, 
and conferences, which were attended by more than 5,500 participants, 
including members of the National Police, armed forces, and civilians.
    Training for military and DNCD enlisted personnel and officers 
included human rights courses. 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. Nearly 7,000 participants from the military and civil society 
received training during the year.
    Monitoring and sanctioning systems for abuses of human rights 
remained ineffective.
    Police officers were fired for violent attacks, extortion, drug 
use, and trafficking. Significant problems of this nature remained, in 
part, because of insufficient vetting of the backgrounds of police 
recruits. It was alleged that many persons with prior criminal records 
were incorporated into police ranks, either under false names or with 
identification or recommendations from other state institutions, such 
as the army. Many members of the police force lacked basic education, 
had received inadequate training, and showed weak discipline, all 
factors that directly contributed to unlawful or unwarranted killings 
and to cruel or inhuman treatment (see Section 1.a.).
    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. 
Following the indiscriminate arrests, police regularly detained 
individuals for 20 days or more while they looked for a reason to 
charge them. 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 the cases (see Section 1.c.). Prosecutors 
generally did not actively investigate cases; they often depended on 
police reports, many of which were based on forced confessions.
    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 
particularly were 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. The National Commission on Human Rights reported 
100 such cases as of August; however, it reported no additional cases 
after the appointment of General Perez Sanchez as police chief.
    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.
    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. In 
general, few defendants were granted bail, although bail became more 
prevalent following the implementation of the new Criminal Procedures 
Code, which requires judicial review of detentions at an earlier point 
in a criminal case.
    Most detainees and prisoners could not afford adequate defense 
services. Several NGOs offered limited free legal services. The 
National Office of Judicial Defense, with foreign donor support, 
provided legal advice and representation to indigent persons. As of 
October, 22 lawyers had completed the Office's training program, and 21 
were in training. These lawyers were the only full-time public 
defenders in the country and served only Santo Domingo, Santiago, and 
some smaller areas. The Supreme Court paid the public defenders' 
salaries without additional funding from the Government. The Supreme 
Court also paid 100 part-time defense lawyers across the country to 
provide legal services to indigent defendants. These lawyers did not 
provide the same level of service, often neglecting to communicate with 
defendants prior to scheduled court appearances; however, in July, they 
were incorporated into the National Office of Judicial Defense that 
holds them to the same performance requirements as other public 
defenders.
    Many suspects endured long pretrial detention. According to several 
reports, 70 percent of the inmates nationwide were held without being 
charged or while awaiting trial. The average pretrial detention 
throughout the country was more than 6 months. Time served in pretrial 
detention counted toward a sentence. In an estimated 75 percent of all 
cases, the suspects were detained without action until the statute of 
limitations expired, leaving no action for the courts to take. Only 10 
percent of those charged with a crime were actually convicted. The 
remainder were acquitted or released without judgment.
    Detainees at police headquarters in Santo Domingo 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 well beyond 
the 12-hour limit for sending the case to the district attorney's 
Office. The law prohibits interrogation of juveniles by the police or 
in the presence of police.
    The failure of prison authorities to produce the accused for court 
hearings caused a significant percentage of trial postponements (see 
Section 1.e.). Inmates often had their court dates postponed because 
they were not taken from the prison to court, or because their lawyer 
or witnesses did not appear. The authorities held some inmates even 
though there were no formal charges against them.
    A large backlog of criminal cases remained in the National District 
and throughout the country. There were more than 300,000 cases pending 
as of September 27, when the new Criminal Procedures Code took effect, 
although many of these cases had exceeded the statutory limitation and 
may be removed from the system (see Section 1.e.). The Supreme Court's 
plans to unclog the court dockets proceeded slowly due to budget 
constraints. Dockets were crowded with traffic infractions that, by 
statute, should have been heard in traffic courts; 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 
inmates to court. Many cases were rescheduled when the accused or key 
witnesses did not appear. In some instances, a defendant would appear 
before the judge on the scheduled trial date, but the trial would not 
go forward due to the absence of one or more co-defendants. The 
decision of the trial judge to decline to try co-defendant cases 
separately prejudiced defendants who complied with the law.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, public and private entities persisted 
in attempts to undermine judicial independence. The judiciary received 
training to improve its ability to resist outside interference, but 
undue influence remained a problem.
    The judiciary includes a 16-member Supreme Court, appeals courts, 
courts of first instance, and justices of the peace. There are 
specialized courts that handle tax, labor, land, and juvenile matters. 
The Supreme Court is responsible for naming all lower court judges 
according to criteria defined by law. The Government has established 17 
of the 25 tribunals provided for by law and 5 courts of appeals for 
children and adolescents. The 2003 Code for Minors outlines the 
judicial system for criminal cases involving juveniles and family 
disputes.
    Until recently, military and police tribunals enjoyed exclusive 
jurisdiction over cases involving members of the security forces; 
however, some cases of killings allegedly committed during the year by 
members of the security forces were remanded to civilian criminal 
courts (see Section 1.a.). The judiciary was slow to adjudicate these 
cases. As of October, four such cases had been referred to civilian 
courts.
    Prior to September 27, the judicial system was based primarily on 
the Napoleonic Code. Judges, rather than juries, rendered all verdicts. 
During the investigative phase, following the arrest, suspects were 
questioned repeatedly and urged to confess. The law established the 
citizen's 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.
    Under the pre-September 27 system, the most serious and common 
violations of the rights of the accused occurred when police detained 
suspects, sometimes for many days, without allowing them to contact 
family members, while subjecting them to frequent questioning (see 
Section 1.d.). Although entitled to have an attorney present, police 
often did not permit accused persons to contact legal counsel. If an 
attorney was engaged, a police officer might not permit him or her to 
be present during questioning. Torture frequently was used to coerce a 
confession during questioning (see Section 1.c.). The results of these 
interrogations often constituted the only evidence presented at the 
trial.
    In September, a new Criminal Procedures Code replaced the old 
system. The Code supports an accusatory system intended to accelerate 
the processing of criminal cases. The Code also can be interpreted as 
providing that any crime may be tried in civilian court; this would 
imply that military or police tribunals should be used only for 
disciplinary actions. The changes under the new Code include: The 
requirement that police and prosecutors read defendants their rights 
upon arrest; the creation of an alternative dispute resolution 
mechanism to deal with certain crimes; the requirement that judges 
issue public oral dispositions on petitions for bail and in cases in 
which the maximum penalty is less than 3 years of incarceration; and 
the physical relocation of the defendant and defense counsel within the 
courtroom so that they are adjacent to the prosecutor and in front of 
the judge. The Attorney General's office and the judiciary also 
instituted ``on-call'' judges to provide 24-hour support to police who 
require immediate attention in the issuance of arrest warrants.
    Citizens have recourse to the remedy of ``amparo,'' an action to 
seek redress of any violation of a constitutional right, including 
violations by judicial officials.
    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 except when police are in hot pursuit of a 
suspect or when a suspect is caught in the act of committing a crime. 
All other entrances require a judge to issue an arrest or search 
warrant; however, the police conducted illegal searches and seizures. 
The Dominican Human Rights Committee reported that police carried out 
raids on private homes in many poor Santo Domingo neighborhoods. 
Additionally, police continued to detain relatives and friends of 
suspects to pressure suspects to surrender or to confess, although the 
frequency of such incidents decreased significantly in the last quarter 
of the year.
    Although the Government denied using unauthorized wiretapping and 
other surreptitious methods to interfere with the private lives of 
individuals and families, human rights groups alleged continued 
interference. There was an active but illegal private wiretapping 
industry.
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 and did not restrict academic freedom; however, there were 
instances of official intolerance of the media. Individuals or groups 
generally were able to criticize the government publicly and privately 
without reprisal.
    Newspapers and magazines presented a diversity of opinion and 
criticism. There were eight daily newspapers, a number of weekly 
newspapers, and several online news outlets. Editors at times practiced 
self-censorship, particularly when coverage could adversely affect the 
economic or political interests of media owners.
    There were many privately owned radio and television stations, 
broadcasting a wide spectrum of political views. The Government 
controlled one television station. The international media was allowed 
to operate freely.
    There was continued criticism of the 2003 judicial takeover of the 
newspaper, radio, and television outlets owned by defunct bank 
Baninter. Ramon Baez Figueroa, majority shareholder of Baninter, was 
the subject of an ongoing criminal investigation for fraud and money 
laundering. After the judicial takeover, all editors of the outlets 
resigned and were replaced by government-appointed personnel. In 
September, the Supreme Court upheld a lower court ruling to return the 
media outlets to the Baez family pending the outcome of a determination 
on the merits of the asset seizure case.
    The Government was criticized for firing popular reporters after 
taking control of the Baninter media. A popular program on one of the 
government-run radio stations was shut down in January, reportedly on 
the orders of the Government. A television reporter was suspended 
because his father, also a news personality, had appeared in a 
commercial for the opposition PLD party.
    There were several reports of harassment of journalists. In 
February, authorities threatened reporters in Dajabon with detention 
and arrest after they criticized the government's plan to provide 
thousands of motorcycle taxi drivers with free or nearly free vehicles 
in advance of the elections.
    In September, journalist Juan Andujar was killed and a colleague 
injured by gang members in Azua following a gun battle between the gang 
members and police. Andujar and other journalists were targeted by the 
gang, who reportedly believed that the journalists had instigated the 
police action by publicly denouncing cooperation between the gang and 
local police officials. In several shootouts, police killed five 
persons who were suspected of involvement in the Andujar killing.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association; however, the 
Government at times restricted these rights. Outdoor public marches and 
meetings require permits, which the Government usually granted. Police 
officers used force to break up demonstrations on several occasions 
during the year, sometimes causing deaths and injuries. In January, at 
least 6 persons were killed and more than 150 injured while protesting 
during a national work stoppage. More than 250 protesters were 
arrested.

    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 enjoyed special privileges not extended to 
other religions, under the terms of a concordat signed with the 
Government in 1954. For example, the Cardinal has the rank of a 
military general officer, and there is a Catholic church at the 
Presidential Palace. The Catholic Church also received public funding 
to cover some church expenses such as rehabilitation of church 
facilities. A complete waiver of customs duties on imports was extended 
to all religious denominations.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
travel, and the Government generally respected these provisions in 
practice; however, there were some exceptions. For example, human 
rights groups alleged that many Haitians were not allowed to leave the 
sugarcane plantations where they worked (see Section 6.e.). Local and 
international human rights groups cited discrimination against Haitian 
migrants, who were subject to arbitrary and unilateral action by the 
authorities.
    Haitians continued to immigrate in great numbers to the country in 
search of economic opportunity, and many of them were repatriated. In 
some cases, the Government denied expellees the opportunity to 
demonstrate that they were legal residents or to make arrangements for 
their families or property.
    The Constitution provides that anyone born in the country is a 
citizen, except those in transit or children born to diplomats; 
however, NGOs reported that children born of Haitian parents in the 
country often were denied registration as citizens under the transit 
exception, even if their parents resided in the country (see Section 
5). It was estimated that more than 20 percent of Dominicans did not 
have a birth certificate or other identity document.
    While the Government had a policy of strictly enforcing documentary 
requirements and repatriating those found lacking documents, it had a 
more tolerant unofficial policy fueled by the reality of dependence on 
Haitian labor for certain agricultural and construction work. An 
individual stopped as a suspected illegal Haitian migrant might be 
allowed to remain in the country despite lack of documentation, either 
through bribery or if an account of employment satisfied the official.
    The law prohibits forced exile, and there were no reports of its 
use.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention relating to the Status of 
Refugees or its 1967 Protocol, but the Government has not established a 
system for providing protection to refugees. In practice, the 
Government provided some protection against refoulement, the return of 
persons to a country where they feared persecution. This protection 
generally applied to individuals who had gained access to the refugee 
process and had been issued proof that they were refugees or had 
applications pending. However, the Government did not apply standards 
agreed upon with the office of the U.N. High Commissioner for Refugees 
(UNHCR) to improve receipt and adjudication of refugee claims. To help 
the Government in this regard, in July 2003, the UNHCR strengthened its 
protection activities in the country by re-establishing its presence in 
Santo Domingo.
    An applicant for refugee status must be referred by the National 
Office of Refugees in the Migration Directorate to the Technical 
Subcommittee of the National Commission for Refugees, which is chaired 
by the Foreign Ministry. The subcommittee has the responsibility of 
making a recommendation to the Commission, made up of members from the 
Foreign Ministry, the DNI, and the Migration Directorate. The 
Commission, with responsibility for the final decision on the 
application, includes 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 October, the Migration Directorate reported 212 applications 
awaiting decision, nearly all by Haitians. Some of these cases have 
been pending since 2000, when the UNHCR temporarily stopped processing 
cases. According to the UNHCR, there were as many as 600 recognized 
refugees in the country, most of whom lacked sufficient documentation 
to allow them to work legally and access other rights.
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 President and the members of the Senate and the 
Chamber of Deputies are elected freely by secret ballot in alternating 
4-year cycles. The Central Electoral Board conducts all elections. The 
Constitution was amended in 2002 to permit the president to be 
reelected once.
    In May, PLD candidate Leonel Fernandez won the presidency in an 
election described as generally free and fair by the Organization of 
American States (OAS), the National Democratic Institute (NDI), and the 
International Foundation for Electoral Systems (IFES), as well as by 
the government electoral board and domestic NGOs. President Fernandez 
took office in August.
    There is universal adult suffrage for documented citizens, except 
that active duty police and military personnel may not vote or 
participate in partisan political activity. During the year, several 
senior military officers publicly expressed their support for President 
Mejia's reelection and were accused of illegal partisan activities, but 
no legal action was taken against them.
    The nation had a functioning multiparty system.
    There were reports of, and a widespread perception of, corruption 
in government. A number of investigations into corruption by government 
officials were underway, including of former Attorney General Victor 
Cespedes Martinez of the Mejia administration, who had ordered the 
release of several drug traffickers on questionable grounds.
    In July, Congress passed and the President promulgated a 
comprehensive law providing public access to government information; 
however, many of the requests remained pending. The law limits the 
availability of public information only under specified circumstances 
(such as to protect national security) and provides for a penalty of 6 
months to 2 years in prison and a 5-year ban from positions of public 
trust for government officials who obstruct access to public 
information. A civilian court may review the decision of an agency to 
deny access to information.
    Women and minorities confronted no serious legal impediments to 
political participation. By law, parties must reserve for women 33 
percent of positions on their lists of candidates for city councils; in 
practice, 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 and Minister of Education in the outgoing Mejia 
administration. There were 2 women in the 32-member Senate and 24 women 
in the 150-member Chamber of Deputies. There were 5 women on the 16-
seat Supreme Court and 3 in the PLD cabinet named in August.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
    Principal local groups included the Dominican Human Rights 
Committee, the National Human Rights Commission, and the Santo Domingo 
Institute of Human Rights. There were also several smaller 
organizations, both secular and religious, that addressed, among other 
things, women's rights, labor issues, and the rights of Haitians.
    In May, the OAS, NDI, and IFES monitored the presidential 
elections, as did the local NGO Citizen Participation. The OAS mission 
had full access to the electoral process (see Section 3).
    A 2001 law created a human rights ombudsman's office with authority 
over public sector problems involving human rights, the environment, 
women's issues, youth issues, and consumer protection; however, 
selection of an ombudsman remained pending at year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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 continued to be a serious problem. 
Several newspaper articles alleged that society had become more 
violent, and many government officials and NGOs publicly denounced the 
problem. A local NGO estimated that between 10 and 15 women died 
monthly from domestic abuse; however, many cases were unreported. Under 
the 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 approximately $20 to $7,000 (500 to 200,000 
pesos). The Secretariat of Women, as well as various NGOs, conducted 
outreach programs on domestic violence and legal rights. The Non-
Violence Department of the Secretariat of Women received approximately 
500 complaints of domestic violence cases during the year. A local NGO, 
the Alliance for the Rights and Development of Women, which provided 
services for victims of intrafamilial abuse, reported receiving more 
than 3,000 calls to its abuse hotline. Female victims of abuse had few 
resources, although the NGO Piedra Blanca opened a shelter for battered 
women, and the Secretariat of Women supported operation of a center for 
victims of domestic violence in Bani, where victims of abuse could make 
a report to the police and receive counseling.
    According to the National Commission on Human Rights, 90 women were 
killed in ``crimes of passion'' by their spouses or lovers, compared 
with 140 such victims in 2003.
    Rape was a serious and widely underreported problem. In 2002, the 
last year for which official statistics were compiled, the Secretariat 
of Women reported more than 3,300 complaints of sexual abuse. The 
penalties for committing rape are 10 to 15 years in prison (or 10 to 20 
years in case of rape against a vulnerable person or under other 
egregious circumstances) and a fine of approximately $3,300 to $6,600 
(100,000 to 200,000 pesos). The State may 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.
    Prostitution is not prohibited by law, although there are some 
prohibitions against sex with minors and it is illegal for a third 
party to derive financial gain from prostitution; however, the 
Government usually did not enforce prostitution laws. Sex tourism grew 
throughout the country as the number of international visitors 
increased. Human rights groups reported increased prostitution in 
sugarcane work camps. NGOs conducted programs on prostitution and child 
sexual exploitation for hotel and industrial zone workers, male and 
female prostitutes, and other high-risk groups.
    Trafficking in women and children was a problem (see Section 5, 
Trafficking).
    The law prohibits sexual harassment in the workplace, which was 
considered a misdemeanor and carried a possible penalty of 1 year in 
prison and a fine of up to $333 (10,000 pesos); however, the law was 
not enforced and sexual harassment was a problem. The Dominican Labor 
Foundation estimated that approximately 40 percent of female workers in 
the free trade zones were victims of sexual harassment by supervisors 
or coworkers and that women who resisted the unwanted advances of 
supervisors were fired, threatened, or otherwise discriminated against.
    Under the law, women enjoy the same legal status as men; however, 
in practice, women experienced discrimination. Traditionally, women 
have not enjoyed 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, and that female employees who 
became pregnant sometimes were fired. There were no effective 
government programs to combat economic discrimination against women.
    Active women's rights groups included Santiago-based NGO Nucleo de 
la Mujer, the Collective for Women and Health, and Profamilia.

    Children.--The Government declared its commitment to children's 
rights and welfare and tried to increase protection for children, with 
emphasis on eliminating child labor. The Code for Minors, which was 
implemented in October, recognizes the National Council for Children 
and Adolescents (CONANI) as a noncabinet, decentralized public agency 
to coordinate public policy to protect children's human rights and to 
administer the Code. The law stipulates that CONANI is to receive at 
least 2 percent of the national budget and that a minimum of 5 percent 
of municipal government budgets must be devoted to projects to benefit 
children; however, this requirement was not met.
    The General Education Law provides for a free, universal, and 
compulsory education for all minors through the eighth grade, but legal 
mechanisms provide only for primary schooling, which was interpreted as 
through the fourth grade. The Ministry of Education reported a 97 
percent enrollment rate in grades 1 through 8; however, a government 
study also estimated that the average grade level achieved for children 
in public schools was the fifth grade in rural areas and the sixth 
grade in urban areas. Children of Haitian descent, and of undocumented 
citizens experienced difficulties gaining acceptance to schooling due 
to their lack of official status.
    The Code for Minors empowers minors to denounce their parents or 
guardians to the police in case of mistreatment. It also provides for 
removal of a mistreated child to a protective environment.
    Abuse of children, including physical, sexual, and psychological 
abuse, was a serious problem. The Department of Family and Children 
reported approximately 40 cases of abuse per month in Santo Domingo. 
Few such cases reached the courts due to fear of family embarrassment, 
lack of economic resources, or lack of knowledge regarding available 
legal assistance. In 60 percent of the cases, the accused was a person 
close to the child, such as a family member or close family friend. In 
a highly publicized case in October, 7 individuals were accused of 
sexually abusing at least 29 young children at a shelter in Higuey. At 
year's end, all of the suspects were in detention awaiting trial.
    According to local monitors, instances of child abuse were 
underreported because of traditional beliefs that family problems 
should be dealt with inside the family. The Code for Minors contains 
strengthened provisions against the problem areas of child abuse, 
including physical and emotional mistreatment, sexual exploitation, and 
child labor (see Sections 5, Trafficking and 6.d.). The Code for Minors 
provides for a penalty of between 2 and 5 years' incarceration and a 
fine of 3 to 5 times the minimum wage for persons found guilty of abuse 
of a minor. The penalty is doubled if the abuse is related to 
trafficking.
    Trafficking and sexual exploitation of children also was a problem, 
particularly in popular tourist destinations (see Section 5, 
Trafficking). Poor adolescent girls and boys sometimes were enticed 
into performing sexual acts by the promise of food or clothing.
    Child labor was a serious problem in the informal sector of the 
economy (see Section 6.d.).

    Trafficking in Persons.--The comprehensive Law Against Trafficking 
in Persons and Alien Smuggling, enacted in August 2003, prohibits 
trafficking of persons; however, trafficking in women and children 
from, to, and within the country remained a serious problem.
    Several laws may be applied to prosecute those who traffic in 
persons. The new law against trafficking is the most comprehensive and 
includes penalties for traffickers of 15 to 20 years' imprisonment and 
a fine of 175 times the minimum wage. The Code for Minors penalizes 
sexual abuse of children with 20 to 30 years' imprisonment and fines 
from 100 to 150 times the minimum wage.
    The Attorney General's anti-trafficking unit coordinated the 
investigation and prosecution of all trafficking cases. Units at the 
National Police, the Migration Directorate, and the Attorney General's 
office targeted trafficking in persons, as did the interagency 
Committee for the Protection of Migrant Women, composed of seven 
governmental institutions, one professional association, two NGOs, and 
a religious order. The Attorney General's office also created a unit 
specifically to investigate electronic crimes, including sexual 
exploitation of minors via the Internet. The Ministry of Foreign 
Affairs provided compulsory training at its Diplomatic and Consular 
School on identifying the trafficking of citizens overseas and 
assisting victims. The NGO Foundation for Institutionalism and Justice 
conducted training for prosecutors and judges on how to implement the 
new anti-trafficking law.
    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. Not all 
illegal migrants were trafficked; many traveled willingly for economic 
motives. NGOs such as the Center for Integral Orientation and 
Investigation (COIN), and international organizations such as the 
International Organization for Migration (IOM) formulated estimates 
through interviews with individuals and through extrapolation. The IOM 
estimated that 30,000 Dominicans were trafficked in 2003, of whom 
approximately half were women trafficked for prostitution.
    Women 18 to 25 years of age were at the highest risk of being 
trafficked. Many victims were uneducated single mothers desperate to 
improve the living conditions of their children. Principal destination 
countries were in Europe and Latin America, and included Spain, Italy, 
the Netherlands, Switzerland, Sweden, Germany, Austria, Greece, Panama, 
Costa Rica, Argentina, and Australia.
    Within the country, the prostitution of minors, primarily in the 
tourist areas, was a serious problem. The press reported that up to 
30,000 children and adolescents may be involved in the sex industry. An 
official 2003 study estimated that 50 to 60 Haitian children were 
trafficked into the country each week and that many Haitian girls age 
12 and older were brought into the country to work as prostitutes.
    In June, a raid in Boca Chica resulted in the rescue of 24 
children, 1 of them only 7 years old, who were being sexually 
exploited. The raid, which was based on a complaint filed by the NGO 
International Justice Mission, resulted in five arrests. At year's end, 
the case was in the Court of Instruction.
    In October, police in Santiago closed down a child pornography ring 
that posted explicit photos of young children on the Internet. Police 
also closed down bars in Santiago and Montecristi that were being used 
for child prostitution.
    NGOs estimated that there were hundreds of alien smuggling and 
trafficking rings operating within the country. According to COIN and 
the IOM, trafficking organizations were typically small groups. 
Individuals in the country recruited the persons to be trafficked and 
obtained identification and travel documents. Traffickers were 
frequently introduced to women through friends and family; they 
promised some form of employment, obtained false or legitimate 
documents for the women, and often retained their passport once in the 
destination country. Trafficking organizations reportedly received 
$5,000 to $8,000 (150,000 pesos to 240,000 pesos) for trafficking a 
woman or child for purposes of prostitution.
    Some elements within the tourist industry facilitated the sexual 
exploitation of children. Particular problem areas were Boca Chica, 
Puerto Plata, and Sosua. Foreigners overseas marketed tours by 
suggesting that boys and girls could be found as sex partners.
    In September, the Supreme Court resumed proceedings in the trial of 
Congressman Guillermo Radhames Ramos Garcia (formerly a consul in Cap 
Haitien, Haiti) on charges of alien smuggling. Because of Ramos 
Garcia's status as a Congressman, the case was assigned directly to the 
Supreme Court.
    The Government provided limited assistance to trafficking victims 
by working with NGOs to develop job-training programs for returned 
women. When trafficked individuals were repatriated from abroad, they 
were given a control record that went into their official police record 
and were interviewed by a migration inspector. According to COIN, most 
victims were too embarrassed or frightened to seek legal action against 
traffickers. The Government continued specialized training for consular 
officials 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. There were 
several church-run shelters that provided refuge to children who 
escaped prostitution.
    The Government made efforts to investigate, fire, and prosecute 
when appropriate public officials who facilitated, condoned, or were 
complicit in trafficking activities or migrant smuggling. NGOs alleged 
corruption among the military and migration officials stationed at 
border posts and noted that these officials sometimes facilitated the 
illegal transit of Haitian workers into the country to work on sugar 
plantations and construction sites (see Sections 2.d. and 6.c.). There 
were also elements within the Office of Migration and the national 
police that organized or facilitated the smuggling of aliens, including 
Cubans and Asians, through the international airports. For example, in 
September, two migration inspectors, a police captain, and an army 
sergeant were fired for helping two undocumented Dominicans board a 
flight to the United States. The matter was referred to civilian 
authorities.
    The Department of Family and Children was concerned about 
kidnappings, especially of infants, for sale to foreigners who 
deliberately sidestepped legal formalities, including those of their 
own countries. The Government sought to protect children from being 
victimized by such tactics by making adoptions by foreigners more 
difficult.
    COIN counseled women planning to accept job offers in Europe and 
the eastern Caribbean about immigration, health, and other problems, 
including the dangers of trafficking, forced prostitution, and domestic 
servitude. COIN administered the Center for Health and Migration 
Information for Migrant Women, which 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. With IOM support, COIN also provided a minimal 
level of clinical services and adult education classes for returned 
women.

    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. Some business owners voluntarily provided 
access to buildings for persons with disabilities. The Dominican 
Association for Rehabilitation, which has 17 branches around the 
country, receives a subsidy from the Ministry of Public Health to 
provide rehabilitation assistance to persons with disabilities. Little 
effort was made to design public works so as to accommodate persons 
with disabilities. For example, a new pedestrian bridge built over a 
major intersection in Santo Domingo did not have any access except by 
stairs.
    Discrimination against persons with mental illness was common, and 
there were few resources dedicated to the mentally ill.

    National/Racial/Ethnic Minorities.--There were strong prejudices 
against Haitians, which disadvantaged many Haitians and Dominicans of 
Haitian ancestry, as well as other foreigners of dark complexion (see 
Sections 1.d. and 2.d.). The Government rarely acknowledged the 
existence of this discrimination.
    Efforts by the authorities to stem the influx of illegal Haitian 
immigrants made life more difficult for those Haitians already in the 
country legally. Police regulations permit the confiscation of vehicles 
offering transportation to illegal immigrants, thereby discouraging 
taxi and bus drivers from picking up darker-skinned persons. In 
roundups aimed at illegal immigrants, the authorities picked up and 
expelled darker Dominicans as well as legal Haitian residents (see 
Section 1.d.).
    The IOM estimated that approximately 650,000 Haitian immigrants--or 
7.5 percent of the country's population--lived in shantytowns or 
sugarcane work camps known as ``bateyes,'' which were harsh 
environments with limited or no electricity, usually no running water, 
and no adequate schooling. Human rights NGOs, the Catholic Church, and 
activists described Haitian living conditions in bateyes as modern-day 
slavery. In most bateyes, medical assistance either was rudimentary or 
not readily available. Housing in the bateyes was poor; many 
individuals slept in barracks on iron beds without mattresses or on 
dirt floors. Many families of five or more shared living quarters that 
measured as little as 10 feet square. Bathroom facilities, where they 
existed at all, were generally unhygienic, and cooking facilities were 
usually improvised. The availability of fresh food, including fruits 
and vegetables, was severely limited. Clean water was often 
unavailable.
    Some individuals estimated that as many as 1 million Haitians lived 
in the country, but several Haitian rights NGOs were concerned that 
this estimate included Haitians born in Haiti with their offspring born 
in the Dominican Republic. 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 documentation sometimes deprived children of Haitian 
descent of the opportunity to attend school, even where there was one 
available. When permitted to attend primary school, the children of 
Haitian parents rarely progressed beyond the sixth grade. A legal 
ordinance allows undocumented children to attend school through the 
fifth grade; however, some school administrators denied access to 
school to undocumented children, particularly Haitians. The Central 
Electoral Board agreed to facilitate acquisition of birth certificates 
by parents who could produce identity cards so that all children might 
have birth certificates to enroll in school; however, this did not help 
children whose parents had no documentation or had only Haitian 
identification papers. NGOs reported that undocumented Haitian children 
were prevented from enrolling in school to a greater degree than were 
similarly undocumented Dominican children.

    Other Societal Abuses and Discrimination.--Persons With HIV/AIDS, 
particularly women, faced discrimination in the workplace and 
elsewhere. An estimated 50 to 100 thousand people in the country were 
infected with the disease. According to Human Rights Watch, workers in 
many industries faced involuntary HIV testing in the workplace or when 
seeking medical care or medical insurance. Workers or patients found to 
have the disease could be fired from their jobs or denied adequate 
healthcare. The law prohibits the use of HIV testing to screen 
employees or for medical services unrelated to the disease; however, 
the law rarely was enforced.
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 form and join unions of their choice. 
Organized labor represented an estimated 8 percent of the work force. 
The Labor Code calls for automatic recognition of a union if the 
Government has not acted on its application within 30 days.
    The law forbids companies to fire union organizers or members; 
however, it was enforced inconsistently, and penalties were 
insufficient to deter employers from violating worker rights. There 
were additional reports of intimidation by employers in an effort to 
prevent union activity, especially in the free trade zones (FTZs) (see 
Section 6.b.). The Dominican Federation of Free Trade Zone Workers 
(FEDOTRAZONAS) continued to report anti-union activity at the FM 
company in Santiago, 1 of 22 production facilities belonging to apparel 
manufacturing firm Grupo M, the largest private sector employer in the 
country. The 2003 case alleging that an FM supervisor beat an employee 
for attending labor union organizing meetings remained pending before a 
labor court in Santiago.
    A court in Santiago fined the FTZ company Ramsa approximately $660 
(19,700 pesos) for violating Labor Code protections when, in 2002, it 
fired approximately 140 employees seeking a collective bargaining 
agreement. Ramsa also was found guilty of violating laws regarding 
maternity rights but appealed that sentence.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is legal and must take place in firms in which a union has 
gained the support of an absolute majority of the workers. Few 
companies have collective bargaining pacts, and the International Labor 
Organization (ILO) considered the requirements for collective 
bargaining rights to be excessive and an impediment to collective 
bargaining.
    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). Formal requirements 
for 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. Government workers and essential public 
service personnel are not allowed to strike but occasionally did. Brief 
work stoppages and unofficial strikes were more common.
    A few labor unions represented a small number of Haitian workers, 
who are covered by the Labor Code regardless of legal status. Some NGOs 
reported that the majority of Haitian laborers in the sugar and 
construction industries did not exercise their rights under the Labor 
Code, fearing deportation or job loss.
    The Labor Code applies in the 40 established FTZs, which employed 
approximately 190,000 workers. According to the National Council of 
Labor Unions, only four of the unions that had achieved collective 
bargaining agreements in the FTZs were active. 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 covert 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. The majority of the unions in the FTZs 
were affiliated with the National Federation of Free Trade Zone Workers 
(FENATRAZONAS) or FEDOTRAZONAS (see Section 6.a.). FEDOTRAZONAS 
estimated that less than 10 percent of the workers in the FTZs were 
unionized. Employer resistance to union organization, especially in the 
FTZs, increased in response to growing competitive pressure from firms 
in Central American countries and China.
    Many of the major manufacturers in the FTZs had voluntary codes of 
conduct that included worker rights protection clauses that were 
generally aligned with the ILO Declaration on Fundamental Principles 
and Rights at Work. Workers were not always aware of such codes or the 
principles they contained.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that such practices occurred (see Section 5). Some young 
children, particularly Haitians, were ``adopted'' by families and 
worked under a kind of indentured servitude (see Section 6.d.). There 
were also reports that workers in sugarcane plantations were prevented 
from leaving during the harvest (see Section 6.e).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code and the new Code for Minors prohibit employment of children 
less than 14 years of age and place restrictions on the employment of 
children under the age of 16; however, child labor was a serious 
problem. The ILO estimated that 18 percent of children between the ages 
of 15 and 17 engaged in some sort of work. Regulations applying to 
children between the ages of 14 and 16 limited the number of hours 
worked daily to 6, prohibited employment in dangerous occupations or in 
establishments serving alcohol, and limited nighttime work. Fines and 
legal sanctions may be applied to firms employing underage children.
    The high level of overall unemployment and the lack of a social 
safety net created pressures on families to allow or encourage children 
to earn supplemental income. 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, sugarcane 
fields, and for purposes of prostitution. Conditions in clandestine 
factories were generally poor, unsanitary, and often dangerous. There 
was evidence that poor Haitian and Dominican adolescents accompanied 
their parents to work in the cane fields, with the tacit approval of 
sugar companies. Children 12 years old and younger also worked planting 
sugarcane, earning as little as $1 (30 pesos) for a full day of labor.
    Some poor Haitian families arranged for Dominican families to 
``adopt'' and employ their children, in hopes of assuring a more 
promising future for them. The adopting parents usually registered the 
child as their own. In exchange, the birth parents received monetary 
payment or a supply of clothes and food. In many cases, adoptive 
parents did not treat the adopted children as full family members and 
expected them to work in the households or family businesses rather 
than to attend school. This resulted in a kind of indentured servitude 
for children and adolescents.
    The Ministry of Labor, in collaboration with the ILO's Program for 
the Eradication of Child Labor and other international labor rights 
organizations, continued programs to combat child labor. These included 
programs to eliminate child labor in the tomato-producing Province of 
Azua, the coffee-growing Province of San Jose de Ocoa, and the 
agricultural province of Constanza, and a program to combat the 
commercial sexual exploitation of minors in popular tourist 
destinations. The Ministries of Labor and Education continued to 
support the Combating Child Labor through Education Program, which 
established several camps that hosted more than 1,000 children and 
adolescents. An ILO and Ministry of Labor program in Boca Chica against 
the commercial sexual exploitation of minors provided psychological 
support and medical assistance, returned children to classrooms, and 
reunified children with their families and communities whenever 
possible. The program also provided legal assistance to child victims 
in order to arrest and convict exploiters. The Ministry of Education 
earmarked approximately $17 (500 pesos) monthly to the poorest families 
to keep their children in school and away from work. The Armed Forces 
sponsored a program to rescue, supervise, and rehabilitate victims of 
child labor or those at risk and operated several walk-in programs and 
a permanent ``village'' that provided room, board, and educational 
activities.
    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 for public workers, and the 
Labor Code assigns this task to the National Salary Committee for the 
private sector, with the exception of workers in the FTZs and the 
sugar, construction, hotel, and shoe manufacturing industries. The 
minimum monthly salary was approximately $119 (3,561 pesos) in the FTZs 
and $164 (4,920 pesos) outside the FTZs. The minimum wage for the 
public sector was approximately $64 (1,906 pesos) per month. The 
minimum wage for farm workers who are covered by the minimum wage 
regulations was approximately $0.43 an hour (13 pesos), based on a 10-
hour day. The national minimum wage did not provide a decent standard 
of living for a worker and family.
    The Labor Code establishes a standard work period of 8 hours per 
day and 44 hours per week. The Code 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 
premium 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.
    The law prohibits the imposition of HIV tests to work; however, 
many companies routinely tested workers or applicants for HIV as a 
condition of employment and fired or failed to hire them on that basis 
(see Section 5).
    Conditions for agricultural workers were poor, particularly in the 
sugar industry. Most sugarcane worker villages lacked schools, medical 
facilities, running water, and sewage systems, and had high rates of 
disease. Company-provided housing was usually sub-standard (see Section 
5). Approximately 83 percent of sugarcane workers were Haitian or of 
Haitian descent.
    On sugar plantations, cane cutters usually were paid by the weight 
of cane cut rather than the hours worked. Employers sometimes did not 
provide trucks or carts to transport the newly cut cane at the 
conclusion of the workday, causing workers to receive lower 
compensation because the cane dried and then weighed less. The amount 
of cane a worker could cut varied, but many cane cutters earned less 
than $3 (75 pesos) per day, and some reported earning as little as 
approximately $1.50 (40 pesos) per day. Workers were paid every 2 weeks 
with tickets that were exchangeable for cash only in centers that often 
were far away. Because workers earned so little and sometimes could not 
wait to redeem their tickets, an informal barter system evolved in 
which the tickets 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 as a ``service charge.''
    In various sugarcane industry shantytowns, field guards reportedly 
kept workers' clothes and documents to prevent them from leaving until 
the end of the harvest. Employers also withheld wages to keep workers 
in the fields. Sugarcane workers were paid less, worked longer hours, 
and had fewer benefits than workers in other industries. One monitor in 
a batey reported that laborers worked 14-16 hours per day--a violation 
of the Labor Code. Many older sugarcane workers, who had lived in 
sugarcane shantytowns for 50 years and longer, had not received 
pensions for which deductions had been taken from their pay. Several 
NGOs asserted that the privatization of the sugarcane industry was the 
reason the Government did not enforce protection laws for cane cutters' 
rights.
    The San Pedro de Macoris Diocese, which had developed a proposed 
model work contract and had submitted it to the Vicini Consortium and 
other companies in 2001, continued to promote Haitian worker rights in 
the bateyes and to seek a work contract for Haitian workers. The Vicini 
Consortium undertook some initiatives to improve the living conditions 
of sugarcane workers; for example, they demolished a number of barracks 
that had provided unfit living space and replaced them with more modern 
structures.
    The Dominican Social Security Institute (IDSS) sets workplace 
safety and health conditions. Both the IDSS and the Ministry of Labor 
had a small corps of inspectors charged with enforcing standards. The 
Secretariat of Labor had 220 active inspectors. Inspector positions 
customarily were filled through political patronage, and inspectors 
often took bribes from businesses. The Labor Code requires that 
employers provide a safe working environment; however, in practice, 
workers could not remove themselves from hazardous working situations 
without losing their jobs.

                               __________

                                ECUADOR

    Ecuador is a constitutional republic with a unicameral legislature 
that was chosen in free and fair elections in October 2002. The 
National Congress is composed of 4 major parties, 5 minor parties, and 
13 coalitions and independents spanning the spectrum from center right 
to extreme left. In November 2002, voters elected Lucio Gutierrez 
President, and he assumed office on January 15, 2003. The judiciary is 
constitutionally independent but, in practice, was inefficient and 
susceptible to outside pressure.
    The Ministry of Government is in charge of the National Police, 
which is responsible for domestic law enforcement and maintenance of 
internal order. The military supplemented the police, in some cases 
forming joint street patrols as an anti-crime measure. Some members of 
the security forces committed serious human rights abuses. The civilian 
authorities generally maintained effective control of the security 
forces, although the military continued to receive independent revenues 
generated from civil aviation, shipping, and other commercial sectors.
    The economy is based on private enterprise, although there 
continued to be significant government involvement in key sectors such 
as petroleum, utilities, and aviation. The country's population was 
estimated at 12.8 million. The principal exports were oil, bananas, 
shrimp, and cut flowers, which, together with emigrant remittances and 
tourism, were the country's leading sources of foreign income, and the 
country employs the U.S. dollar as currency. 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. The annual real economic growth rate 
was 2.7 percent, and inflation was 1.9 percent.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in some areas. There 
were credible reports that security forces committed killings using 
excessive force. Members of the security forces faced prosecution and 
prison sentences for some violations. Police tortured and otherwise 
mistreated prisoners and detainees. Prison conditions remained poor. 
Persons were subject to arbitrary arrest, and prolonged detention was a 
problem. Once incarcerated, persons without lawyers may wait up to a 
year before being tried or released. The judiciary was susceptible to 
outside pressure and corruption, and authorities often did not observe 
due process rights for criminal defendants. More than 70 percent of the 
detainees in jail had not been sentenced formally. The Government 
prosecuted a few human rights abusers; however, in most cases there was 
no prosecution or punishment. There was some self censorship in the 
media. Violence and pervasive discrimination against women, indigenous 
people, and Afro-Ecuadorians remained problems. Trafficking in persons, 
sexual exploitation of minors, and child labor were problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
politically motivated killings by the Government or its agents; 
however, there continued to be credible reports that security forces 
used excessive force and committed killings. During the year, the 
Ecumenical Committee for Human Rights (CEDHU) reported 21 killings by 
security forces using unwarranted force.
    In February, military security forces shot and killed a protester 
at a demonstration (see Sections 2.b. and 5).
    On March 7, while investigating a domestic dispute, a policeman 
killed Luis Alfonso Ortiz Rodriguez. The policeman was imprisoned 
pending an investigation to determine whether the killing was 
accidental, and there was no further information at year's end.
    On July 19, Erik Fabricio Lopez Yanez was shot and killed. The 
victim's relatives claimed that an intoxicated off-duty policeman fired 
several gunshots from his apartment at a group of local youths. The 
policeman and his brother were jailed pending the outcome of the 
investigation, and no further information was available at year's end.
    In the November 2003 case in which police shot and killed eight 
people in a drugstore in Guayaquil, a police court absolved all 
officers involved except police sergeant Sergio Gaybor. On December 7, 
the judge called for a hearing in a criminal court for Gaybor, who was 
charged with disappearance (see Section 1.b).
    In February, Maria Doraliza Lalbay died of a gunshot injury 
sustained during a demonstration and confrontation with the military. 
In December, a military court decided not to charge Major Jaime Serpa 
on the grounds that he acted in a situation where the victim disrupted 
public order.
    On May 31, a provincial superior court in Los Rios Province 
acquitted 12 members of the military charged in the June 2003 killing 
of Julio Cesar Habil and the alleged torture of 3 of Habil's 
companions.
    In March, a police court ruled on an appeal in the 2002 killings of 
David Delgado and Carlos Luna and found the policemen guilty. However, 
the policemen were released from prison when the appeal process began, 
and they were not detained again to serve their sentence.
    There were no developments and none were expected in the case of 
the 2002 killings of Damian Pena and Luis Pachacama, during 
demonstrations.
    The case of the 2002 killing of Marcelo Zambrano remained in the 
court system. Six policemen were charged and imprisoned; their trial 
has not begun pending a decision on their appeal of the call for a 
trial. Another 11 policemen were not charged, a decision that 
Zambrano's family appealed. Both appeals remained pending at year's 
end.
    There were no known developments in the case of Fausto Bosquez, the 
policeman who escaped custody while being tried for the 2002 killing of 
Congressman Eduardo Vasconez or in the case against a policeman charged 
with the 2002 killing of Klever Abad.
    A Supreme Court decision on the appeal of the conviction of four 
policemen for the 2001 killing of Elias Elint Lopez Pita and of the 
conviction of three policemen for the related killing of Luis Alberto 
Shinin Lazo remained pending at year's end. On February 4, the Attorney 
General recommended that the court find the policemen guilty.
    There were cases of mob violence against suspected criminals, which 
occurred particularly in indigenous communities and poor neighborhoods 
of major cities, where there was little police presence (see Section 
1.e.). However, Amnesty International (AI) reported that incidents of 
mob violence had decreased. There were no known arrests or developments 
and none were expected in the cases against those involved in lynching 
deaths in 2002.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Three persons allegedly disappeared while in police custody (see 
Section 1.b.). In November 2003, three men, Jhonny Gomez, Cesar Mata, 
and Edwin Vivar, disappeared after being detained by police during a 
drugstore robbery in Guayaquil. Although police denied holding the men, 
newspaper photographs showed a policeman and a former policeman leading 
a man away from the scene with his face covered. In April and May, the 
widows of the three and a local journalist were threatened. A police 
court acquitted all but one of the 21 suspects.
    Criminal kidnapping for profit continued to be a problem throughout 
the country. There were also reports of extortion and threats of 
kidnapping of ranchers, farmers, and businessmen along the northern 
border with Colombia. Through November, police registered 11 
kidnappings; however, there were no reliable estimates of the total 
number of such extortions or kidnappings 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, some police continued to torture 
and abuse suspects and prisoners, often with impunity.
    CEDHU published detailed accounts of suspects who reported being 
tortured by specific police officers or members of the military. During 
the year, CEDHU registered 48 alleged cases of torture involving 24 
victims. In most cases, the security forces appeared to have abused 
such persons during investigations of ordinary street crime or because 
of a personal grudge. The victims reported that the security forces 
beat them, submerged them in cold water, applied electric shocks, or 
threatened them. In some cases, the victims' bodies had bruises, which 
they claimed resulted from torture.
    On June 22, members of the military allegedly tortured Carlos Brito 
Cortez, who claimed that a wet pillowcase filled with tear gas was held 
over his head and that he was given electric shocks because he stole 
medical equipment from the military hospital. He reported the crime to 
the Attorney General who did not open an investigation.
    There were no new developments and none were expected in the case 
of Rodrigo Ron, who died in prison in 2002 and whose body showed 
evidence of a beating or in the investigation of four policemen for the 
torture of five persons in the city of Cuenca in 2002.
    The Popular Combatants Group (GCP) and the Peoples' Revolutionary 
Militia continued to detonate small pamphlet bombs, principally in the 
major cities. The GCP claimed responsibility for 15 pamphlet bombs that 
were detonated in June during the General Assembly of the Organization 
of American States (OAS). There were no reported injuries.
    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 in most facilities. 
According to the National Social Rehabilitation Board (NSRB), during 
the year there were 10,203 prisoners nationwide in facilities built to 
hold 6,800. A number of prisons experienced serious outbreaks of 
disease, and medical care often was inadequate. The daily amount 
allocated for prison rations was $0.75 per inmate.
    There were no known developments, and none were expected, in the 
prosecutor's investigation of an April 2003 case of a man who was 
sexually abused by other prisoners.
    As was the case last year, inmates in a number of prisons protested 
a change in the detention law, the length of their sentences, and 
prison conditions. In January, prisoners in Quito's Men's Social 
Rehabilitation Center and in the Quito and Guayaquil women's prisons 
temporarily blocked the departure of visitors to protest the detention 
law. In February, for the same reason, prisoners at Penal Garcia Moreno 
in Quito took control of the prison and held more than 400 visitors 
hostage. In April, there were also protests regarding poor prison 
conditions at Quito's women's prison, Penal Garcia Moreno, and Carcel 
3.
    In March, prison employees at the Litoral Prison went on strike to 
demand payment of back wages.
    The NSRB reported that 58 prisoners died during the year, compared 
with 26 in 2003. Half of the deaths resulted from illness, and one-
third were attributed killings by other prisoners.
    Women prisoners, who constituted 8 percent of the prison 
population, were held separately from men, and conditions were notably 
better in the women's prison in Quito than in other facilities. 
Children of female inmates often lived in prison with their mothers. 
There also were separate facilities for juveniles. Pretrial detainees 
were not held separately from convicted prisoners.
    The Government permitted prison visits by independent human rights 
observers in most instances; however, in some cases, human rights 
observers were not permitted to visit prisoners who had been placed in 
isolated cells after they allegedly had been beaten.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the authorities at times 
violated these prohibitions in practice.
    The National Police are under the authority of the Ministry of 
Government. The effectiveness of the National Police was uneven, in 
part, due to its insufficient training, supervision, and resources. 
Some municipalities, such as Quito and Guayaquil, have their own 
metropolitan police forces in addition to the National Police. A police 
internal affairs office investigates complaints against police officers 
and can refer cases to the police courts. Nongovernmental organizations 
(NGOs) claimed that members of the metropolitan police occasionally 
used excessive force. Police corruption was sometimes a problem. The 
director of the National Police was under investigation for allegedly 
facilitating alien smuggling.
    The National Police contracted with NGOs to provide human rights 
training. A 2003 AI report criticized the use of the police court 
system in cases involving possible human rights violations by police. 
AI argued that the design of the police court system and the 
appointment of active and retired police officials as judges prevented 
the courts from acting impartially and independently and resulted in 
impunity for police officers who commit human rights violations. In 
November, AI issued a follow-up report, which concluded that there had 
been ``no significant progress'' on cases of serious human rights 
violations documented in 2003 and that there had been no apparent 
efforts to address the impunity issues identified in 2003.
    The law requires authorities to issue specific written arrest 
orders within 24 hours of detention, and 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. In February, two policemen, Maximo Bustamente Santana 
and Jose Quintanilla Estrada, were held on charges of arresting three 
people in November 2003 without arrest orders. They were held for 2 
days before paying a $4 pre-sentencing release fine.
    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 provision, or who do not have the funds to hire a lawyer, may 
remain in prison for an extended period before being released. Bail 
generally was not available, and the law prohibits it in cases of 
narcotics and major offenses (offenses that ``affect or put at risk'' 
the public, punishable by 3 to 35 years' imprisonment).
    NGOs reported that the Government did not have an established 
practice to enforce the law's provision that criminal detainees are 
entitled to prompt access to lawyers and family members. Delays varied 
depending on the circumstances and officials' willingness to enforce 
the law; alleged narcotics traffickers commonly waited 24 to 48 hours 
for these visits. Detainees with sufficient resources often bribed 
prison officials to facilitate access.
    Although the law prohibits incommunicado detention, human rights 
organizations continued to report occasional violations. Even when 
police obtained 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 Criminal Procedures Code 
limits immediate detention to 24 hours for suspicion of committing a 
crime and establishes investigative detention of up to 6 months for 
minor offenses and 12 months for major offenses. However, the law 
permits prisoners to be held for an indefinite period after their trial 
has begun or indictments have been issued but before they have been 
convicted or sentenced. More than 70 percent of the detainees in jail 
had not been sentenced formally.

    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.
    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, as well as criminal, provincial, and cantonal 
(county) courts. The Supreme Court supervised the selection by open 
competition of all appellate judges.
    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 often did not pursue cases or announce 
verdicts and punishments, reinforcing the strong impression that police 
were immune from prosecution. The Constitution places both police and 
military justice under the regular judicial system; however, the 
systems were not yet integrated, although weak efforts to do so 
continued.
    On December 8, a majority in Congress voted to replace 27 of the 31 
Supreme Court justices, claiming they should have been replaced in 
January 2003 according to the new Constitution. Critics charged 
Congress with overstepping its constitutional authority. The outgoing 
justices appealed their dismissal to the Inter-American Court on Human 
Rights.
    Despite continuing efforts to modernize the court system, the 
judiciary continued to operate slowly and inconsistently. There were 
lengthy delays before most cases came to trial. Judges reportedly 
rendered decisions more quickly or more slowly as a result of political 
pressure or, in some cases, the payment of bribes. In July, the 
Government began a corruption investigation of Supreme Court Justice 
Olmedo Bermeo, who had allegedly acquired more than $1 million worth of 
property since being appointed to the court. He fled to Colombia but 
was returned to the country to face charges; at year's end, he was free 
on bail pending a judgment. In October, prosecutors initiated 
investigations into allegations that two other Supreme Court justices 
had not properly declared all of their assets.
    The failures of the justice system contributed to cases in which 
communities took the law into their own hands, such as mob violence 
against suspected criminals (see Section 1.a.).
    The law provides due process rights for criminal defendants, but 
the authorities, including the Chief Prosecutor's office, often did not 
observe these rights in practice. The Chief Prosecutor's office 
investigates and prosecutes crimes. Prosecutors have wide discretion in 
deciding which cases proceed. The National Police conducted 
investigations under the direction of the judicial police. There were 
no juries in the justice system. Defendants are presumed innocent until 
proven guilty and 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 were only 30 attorneys 
available to defend the large number of impoverished suspects.
    Investigation of crimes is supposed to begin within 90 days of the 
initial arrest of a suspect. The investigation phase can take up to 2 
years before the initiation of a trial. The majority of the accused 
remained in prison during the investigation phase. 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.
    The Constitution 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 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 actions, and the Government 
generally respected these prohibitions in practice.
    Wiretapping by the national police to investigate crimes is legal 
with a court order; however, there is no specific procedural guidance 
for obtaining such approval. Therefore, when members of the police did 
conduct wiretapping in the course of criminal investigations, sometimes 
it was not officially sanctioned.
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 
significant exceptions. Public figures brought criminal charges of 
slander and libel against journalists and other public figures. The law 
criminalizes slander and libel and provides jail sentences for 
offenders.
    There was a free and vigorous press. Ownership of the media was 
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. In addition, most elements of the media were 
influenced by economic considerations and tended to reflect the narrow, 
regional interests of their owners. Business and private interest 
pressures on the media sometimes constrained freedom of the press.
    All major media organs--newspapers, radio, and television--were 
locally and privately owned, except for one government-owned national 
radio station. The law limits foreign investment in broadcast media. 
The Government invoked a law obliging the media to give it free space 
or broadcast time to require television and radio to broadcast 
government-produced programs, which featured the President and other 
top administration officials.
    In August 2003, President Gutierrez filed slander charges against 
Guillermo Haro, a member of Congress who had accused the President and 
members of the military of corruption. Traditionally, the speech and 
activities of members of Congress have been protected by parliamentary 
immunity; however, President Gutierrez's political party and the Armed 
Forces attempted to build support in Congress for a vote to lift Haro's 
immunity. On February 9, the President of the Supreme Court of Justice 
also began the process for a penal judgment against Haro, but no 
further steps were taken.
    Newspaper columnist Rodrigo Fierro's appeal of a September 2003 
court ruling that he had slandered former president Leon Febres Cordero 
was denied, but his sentence was waived due to his age and the delay in 
issuing judgment.
    In January, the Supreme Court upheld Ricardo Noboa's 3-month 
sentence for slandering a politician in 2002, and a judge ordered that 
he be detained. However, CEDHU reported that Noba had filed a 
countercharge to delay the process.
    In September, President Gutierrez requested the Public Ministry to 
conduct a formal inquiry into allegations by a prominent radio director 
Diego Oquendo that Gutierrez accepted money from a Colombian guerilla 
group. After an investigation, the Attorney General cleared Oquendo of 
charges of offending the President and putting national security at 
risk; however, the Public Ministry's inquiry remained open at year's 
end.
    The Government did not restrict Internet access or academic 
freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly and association, and the 
Government generally respected these righs in practice; however, 
security forces used force to quell some violent demonstrations, 
resulting in one death and several injuries. Public rallies require 
prior government permits, which generally were granted, although 
exceptions occurred.
    Numerous labor, indigenous, and student demonstrations took place 
in the capital and the outlying regions during the year. In February, 
the military shot four protesters (one of whom later died) who were 
participating in a demonstration by indigenous people (see Section 5). 
The military claimed the protesters were armed.
    Protesters often blocked roads. In general, the security forces 
intervened in demonstrations only when there was violence against 
bystanders or destruction of property.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Government did not require religious groups to be 
licensed or registered unless they engaged in commercial activity.
    The majority of the population considered 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. 
Religious instruction was permitted in private but not in public 
schools. There were no restrictions on publishing religious materials 
in any language.
    For a more detailed discussion, see the 2004 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. 
Protesters often blocked roads (see Section 2.b.). The Government 
requires all citizens to obtain permission to travel abroad, which was 
granted routinely. Military and minor applicants must comply with 
special requirements.
    The Constitution prohibits forced exile, and the Government did not 
use it.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
U.N. High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees and asylum seekers. The UNCHR also 
provided temporary protection to individuals who may not qualify as 
refugees under the 1951 Convention/1967 Protocol.
    As of November 30, the Foreign Ministry reported 7,610 applications 
for refugee status, of which 3,393 were denied, 1,713 granted, and the 
remainder were pending. During the year, 99 percent of the refugee 
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 the Colombian states of Narino and Caqueta. Asylum seekers 
whose requests have been approved are eligible to work. A few asylum 
seekers were deported for working without authorization.
    In May, the Government began requiring Colombian refugees to 
present judicial and police records upon entering the country, which 
resulted in a temporary sharp decrease in the number of applicants.
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 October 2002, a new Congress was elected, and, 
in November 2002, voters selected Lucio Gutierrez in the second-round 
presidential election. Election observers from the OAS, the European 
Union, the NGO Citizen Participation, and other international groups 
termed the elections peaceful, free, and fair. On January 15, 2003, 
President Gutierrez assumed office. The President's term is 4 years, 
and the President may not serve consecutive terms. On October 17, 
voters elected provincial and municipal officials in elections that the 
OAS characterized as ``free and transparent.'' On November 9, an 
opposition effort to create a special congressional commission to 
impeach the President failed.
    Deputies are elected to Congress for 4-year terms. Several parties 
were represented in the 100-member Congress, and no party dominated. 
The Social Christian Party had the most seats (26). Three other major 
parties and six smaller parties also were represented in Congress. The 
Constitution provides that if a political party fails to garner a 
minimum of 5 percent of the votes in two open elections, it must be 
eliminated from the electoral registry.
    There was a widespread public perception of corruption in all areas 
of the Government. In September, the National Police chief, several 
other police officials, and members of the army were accused of 
assisting alien smugglers. The Attorney General was investigating, and 
no charges have been filed. On November 17, Congress formally censured 
the Minister of Social Welfare on charges of misuse of public funds. In 
August 2003, former president Gustavo Noboa fled the country and 
obtained asylum in the Dominican Republic after a prosecutor filed 
charges against him related to his renegotiation of debt while 
President. Although government auditors cleared Noboa of wrongdoing, 
the charges remained pending at year's end.
    In May, the Government enacted the country's first freedom of 
information legislation, the Transparency and Access to Information 
Law; however, the law cannot be fully enforced until the President 
issues regulations for its implementation. The law envisions freedom of 
information web pages for each government institution and declassifies 
all government information older than 15 years.
    Although no laws prevented women or minorities from attaining 
leadership positions in government, few women, indigenous persons, or 
Afro-Ecuadorians occupied such positions. A 1998 law required that at 
least 30 percent of the candidates for Congress and some local 
positions in 2000 be women, and that, in each subsequent election, an 
additional 5 percent of the candidates be women (for example, 40 
percent in 2004) until 2008, when 50 percent of the candidates are to 
be women. During the year's elections, the method used to calculate the 
percentage of women candidates created some controversy, but the 
election lists generally appeared to follow the law. There were 17 
women in the 100-seat Congress, and there were two women in the 
cabinet.
    The indigenous movement formed the Pachakutik electoral movement 
and has run candidates for national, provincial, and local office in 
all elections. Pachakutik had 10 members in Congress and was associated 
closely with the politically active Confederation of Ecuadorian Indian 
Nationalities (CONAIE). There is one indigenous member of the cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups operated 
without restriction, investigating and publishing their findings on 
human rights cases. Government officials were cooperative with the 
groups but often did not act on their views. 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.
    There is an office of the Ombudsman (Defensor del Pueblo) to focus 
on human rights problems; however, some observers criticized its lack 
of independence in practice. Claudio Mueckay has led the office on an 
acting basis for more than 4 years.
    The Gutierrez Government continued to implement various aspects of 
the National Human Rights Plan, first decreed in 1998, including human 
rights training for the Congress, seminars, publication of documents, 
and a contingency plan for refugees. Several prominent human rights 
NGOs publicly criticized the Government's lack of progress in 
implementing the plan.
    Congress has a seven-member human rights committee. The committee 
met infrequently, and local human rights organizations did not consider 
the committee's role particularly significant.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, or 
social status. 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 criminalizes spousal abuse, 
including physical, sexual, and psychological abuse; provides penalties 
of up to $25 or 7 days in prison; creates family courts; and gives 
courts the power to remove an abusive spouse from the home. The law 
also provides 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 
10,877 cases of sexual, psychological, or physical mistreatment of 
women for the first half of the year, although the numbers were not 
complete for all provinces. 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's National Commission on Women 
(CONAMU) may accept complaints about abuse of women but must refer 
cases to the prosecutor's office for action. CONAMU had projects in all 
provinces, focusing primarily on equal opportunities, public policy 
programs toward women, and lines of credit for women's businesses. 
CONAMU also offered legal and psychological services to victims of 
violence in most provinces. In some police stations, social workers 
employed by city governments or NGOs assisted victims.
    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. The penalty for rape where death 
occurred is 35 years in prison. During the year, 3,083 rapes were 
reported; 656 persons were charged with rape; and 118 cases were 
prosecuted.
    Prostitution is legal for persons over the age of 14 so long as the 
businesses are registered with the Government and follow health 
regulations.
    Despite the legal prohibition of harassment, women's rights 
organizations described sexual harassment in the workplace as common. 
However, reports of sexual harassment did not appear in the press 
during the year.
    Discrimination against women was pervasive in society, particularly 
with respect to educational and economic opportunities for those in the 
lower economic strata. Although women enjoy the same legal status as 
men, the Office of Gender reported that women often did not receive 
equal rights in practice. According to the Government, women received 
65 percent of the pay received by men for equal work. The 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 
provided 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 was committed to children's rights and 
welfare and has increased funding for child health and education; 
however, those steps were not fully effective. UNICEF reported that 
approximately 65 percent of the country's 4.8 million children lived in 
poverty and that malnutrition affected 15 percent of children under age 
5.
    The Constitution requires that children achieve ``a basic level of 
education,'' defined as 9 years of school; however, due to the lack of 
schools in many rural communities, the Government's failure to provide 
adequate resources, the economic needs of families, and the 
comparatively high cost of books and uniforms for poor families, the 
Government rarely enforced this requirement in practice. The Ministry 
of Education reported that most children achieved a sixth grade 
education. The National Statistics Institute reported in 2001 that one 
out of six citizens between the ages of 13 and 20 had not completed the 
sixth grade and that 90 percent of school-age children attended school. 
Education was free through high school. 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, although government 
spending on education increased by 9 percent during the year. The 
Government has programs that provided families with educational 
subsidies as an incentive to keep children in school, which assisted 
approximately 50,000 children. Boys and girls had equal access to 
education. In rural areas, many children attended school only 
sporadically after 10 years of age because they needed to contribute to 
household income, primarily as farm laborers (see Section 6.d.).
    The Government provided free medical care to children under 6 years 
of age. Boys and girls received equal access.
    There was no societal pattern of abuse against children.
    Commercial sexual exploitation of minors was a problem (see Section 
5, Trafficking).
    More than 20 NGOs promoted child welfare. UNICEF and several 
private organizations were very active in programs to assist street 
children. The children of the poor often experienced severe hardships, 
especially in urban areas.

    Trafficking in Persons.--The Constitution prohibits slavery and 
trafficking in persons in all forms; however, there are no anti-
trafficking criminal laws that support the constitutional prohibition, 
and there were reports that persons were trafficked within, to, from, 
and through the country. The Code of Children and Adolescents 
criminalizes the use of violence, abuse, or fraud to coerce a minor 
into prostitution and the exploitation of a minor's earnings from 
prostitution, but the Code does not establish penalties. Laws 
prohibiting alien smuggling and other laws dealing with kidnapping, 
labor, occupational safety, and slavery apply to and provide some 
sanctions for trafficking in persons.
    On August 18, President Gutierrez appointed the Minister of 
Government as the country's coordinator of programs to combat 
trafficking in persons. The National Police Unit for Children (DINAPEN) 
has responsibility for responding to mistreatment and abuse of minors. 
The immigration police, a division of the National Police, are charged 
with combating alien smuggling. On August 5 and October 25, a couple 
was convicted on four counts of trafficking-related charges of child 
pornography and rape with sentences of 12 to 25 years.
    There was no reliable estimate of the extent of the trafficking 
problem in the country. A 2002 International Labor Organization (ILO) 
report estimated that 5,200 minors were engaged in prostitution. During 
the second half of the year, DINAPEN conducted almost 450 raids on 
bars, brothels, and nightclubs and rescued 335 children, many of whom 
were believed to have engaged in prostitution. In past years, 
trafficking victims from the country had been identified in Spain, 
Guatemala, Uruguay, Venezuela, Belgium, and the United Kingdom.
    The country had a high rate of emigration, with a significant flow 
bound for illegal entry to the United States and Spain. 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, emigrants were vulnerable to traffickers, and 
women were susceptible to sexual abuse by smugglers.
    Many of the victims of trafficking were child prostitutes 
trafficked within the country. Some trafficking to Spain may have 
occurred, but investigations were not conclusive.
    On August 18, the President signed a decree establishing a national 
committee to develop a national plan to fight trafficking, provide 
social service to victims, and reform the Penal Code to raise the age 
of a child to someone under 18 and criminalize trafficking in persons. 
The committee had not met by year's end.

    Persons With Disabilities.--The Constitution recognizes the rights 
of persons with disabilities, and there was no official discrimination 
against persons with disabilities in employment, education, access to 
health care, or the provision of other state services. Although the law 
mandates access to buildings for persons with disabilities, the 
Government did not generally enforce it.

    National/Racial/Ethnic Minorities.--The population of the rural, 
northern coastal area included 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 Afro-Ecuadorian Cultural Center, with 
headquarters in Quito, which estimated that Afro-Ecuadorians accounted 
for more than 1.1 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 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 stopped Afro-Ecuadorians for document checks more frequently 
than they stopped other citizens and that underemployment was a large 
problem, as employers would not interview persons whose job 
applications carried Afro-Ecuadorian photos.

    Indigenous People.--Estimates of those who maintained their 
indigenous cultural identity and lived in indigenous communities varied 
between 7 and 20 percent of the total population. The vast majority of 
indigenous citizens resided in rural areas, including the highlands and 
the Amazonian provinces. 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.
    Land was 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 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 
region, indigenous groups lobbied the Government, enlisted the help of 
foreign and domestic NGOs, and mounted protests, including kidnapping 
oil workers in past years, in attempts to win a share of oil revenues 
and a voice in natural resource and development decisions. The 
Government tended to consult indigenous communities on natural resource 
matters. Oil companies increased their efforts to minimize the 
environmental and social impact of their oil projects in the Amazon but 
faced criticism from indigenous groups that environmental damage 
continued.
    The Ombudsman's office established ombudsman representatives in 
indigenous communities throughout the country. These had responsibility 
for promoting human and indigenous rights among indigenous communities 
and providing specific advisory services to these groups.
    On February 1, two unidentified individuals shot at Leonidas Iza, 
president of CONAIE, the Confederation of Indigenous Nationalities of 
Ecuador, soon after he returned from Cuba where he attended a meeting 
against the Free Trade Agreement of the Americas. Iza was not injured, 
but his son, brother, and nephew received bullet wounds during the 
attack and the assailants struck Iza's wife, Josefina Aguisaca in the 
face. Iza and leaders of other indigenous groups described the attack 
as politically motivated. Police have not arrested anyone in connection 
with the attacks.
    During subsequent demonstrations called by CONAIE, the military 
shot four protesters, one of which, a 63-year-old woman, Maria Lalbai, 
later died. The military claimed that the protesters were armed.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and Labor Code 
provide most workers with the right to form and join trade unions of 
their choice; however, legal protections of these rights were 
inadequate, sometimes failing to deter employers from retaliating 
against workers for organizing.
    Approximately 2 to 3 percent of the workforce was organized. 
Members of the police, the military, and most public sector employees 
were not free to form trade unions.
    The Labor Code sets the number of workers required for an 
establishment to be unionized at 30, which the ILO's Committee on 
Freedom of Association considered too stringent a limitation at the 
plant workers' council level.
    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.
    While employees of state-owned organizations enjoyed rights similar 
to those in the private sector, the law 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.

    b. The Right to Organize and Bargain Collectively.--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; 
however, collective bargaining agreements covered only one-quarter of 
the work force that 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. 
The law allows businesses to hire workers on individual contracts.
    The Labor Code requires workers in state enterprises to be 
represented by only one labor union. The law does not require 
reinstatement of workers fired for anti-union activity but does require 
compensation and fines. Workers were not protected against anti-union 
discrimination in hiring under the Labor Code.
    Employees also worked on temporary contracts, particularly 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 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 level of 
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 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 the majority of public workers (those who 
fall under the Civil Service Law) 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, including by public school teachers and health workers. Public 
workers under the Civil Service Law are not covered by the Labor Code 
and were prohibited from bargaining collectively.
    In August, the Supreme Court upheld a January appeals court 
decision in favor of more than 50 employees of the public petroleum 
company, whom the Government had fired for going on strike in June 
2003. While several of the workers filed claims for indemnification, 
some continued to pursue reinstatement.
    The 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 Compulsory Labor.--The Constitution and 
the Labor Code prohibit forced or compulsory labor, including by 
children; however, there were reports that children were trafficked for 
labor (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace 
and policies regarding acceptable working conditions; however, the 
Government did not effectively implement these laws and policies in 
practice, and child labor remained a problem.
    The law sets the minimum working age for minors at 15 for all types 
of labor and the maximum hours a minor may work at 6 hours per day and 
5 days per 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. Penalties for violations of the child labor laws include 
fines of $50 to $300 for parents or guardians and $200 to $1,000 for 
employers. In cases of repeated infractions, the employer's business 
can be closed.
    The Ministry of Labor and the Minors' Tribunals failed to enforce 
child labor laws, and child labor was prevalent. The Ministry estimated 
that there were 300 thousand child laborers; however, a UNICEF study 
released in March estimated that approximately 756 thousand children 
worked full-time, 39 percent of whom did not attend school. UNICEF 
estimated that 44 percent of these children began working between ages 
10 and 14 and that 70 percent did not reach secondary school.
    More than 40 percent of all children lived in rural areas, and many 
left school at an early age to do unpaid agricultural work for their 
families.
    A report completed by the ILO in 2002 estimated that there were 
5,200 minors engaged in prostitution (see Section 5).
    In July, the Ministry of Labor created a three-officer Division for 
Child Labor, which meets monthly with the Ministry of Labor and the 
National Committee for the Progressive Eradication of Child Labor, 
which includes government agencies, business, and labor organizations. 
The Division of Child Labor planned and implemented the national system 
of child labor inspections. It created and broadcast two television 
spots to raise awareness of child labor issues. It also played a key 
role in forming the Banana Social Forum in Guayaquil, which brings 
together various sectors including business, labor, and NGOs to find 
solutions to the child labor issue. In addition, it held workshops 
among the flower business community to raise awareness of child labor 
issues.
    In 2003, the Ministry of Labor, working with UNICEF, began a 
program of systematic child labor inspections of banana and flower 
plantations. As of December, the Ministry of Labor employed 16 child 
labor inspectors. The Ministry of Labor stated that child labor 
inspectors conducted 800 inspections, 10 of which resulted in fines. It 
found 120 children under age 15 and 780 adolescents age 15-18 working. 
The Ministry worked to regulate the employment of the adolescents 
found. On some occasions, large banana plantations reportedly fired 
child workers when they received notice that labor inspectors were 
arriving.
    The Ministry of Labor designated a ``Social Service Directorate'' 
to monitor and control child labor in businesses such as factories; 
however, enforcement in most sectors of the economy remained limited. 
In urban areas, many children under age 15 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 services, 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.
    The Government, through the National Children's and Family 
Institute, spent approximately $3.5 million per year on the Program for 
the Schooling and Protection of Child Workers. The Child Worker Program 
run by the Central Bank with a fund of $275,600, supplemented by 
private support, developed a workshop program in five cities to work 
with families and schools on the issue of child labor; the Program also 
administered a $40 thousand scholarship program for child laborers.

    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 the minimum wage. As of 
December, the minimum wage plus mandated bonuses provided a gross 
monthly compensation of approximately $166, or $0.95 per hour, in the 
case of contract workers. The statutory minimum wage did not 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 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. Employers are required to give 
workers 2 consecutive days of rest per week. If required to work beyond 
the standard work week, workers must be paid overtime. A higher 
overtime rate is set for working at night. The Ministry of Labor did 
not deploy sufficient resources to enforce labor laws.
    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. A 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.

                               __________

                              EL SALVADOR

    El Salvador is a constitutional, multiparty democracy with a 
unicameral legislature, an independent judiciary, and an executive 
branch headed by a president. In March, voters elected as president 
Elias Antonio Saca of the Nationalist Republican Alliance (ARENA) to a 
5-year term. International election observers reported that the 
presidential election was generally free and fair, without violence or 
notable irregularities. The judiciary is constitutionally independent; 
however, many judges were still susceptible to political and outside 
influence.
    The National Civilian Police (PNC) maintains public security; the 
Ministry of Defense is responsible for national security. The military 
provides support for some PNC patrols in rural areas and also provides 
support to the law enforcement agencies for specific activities such as 
a new antigang program, antinarcotics efforts, and reform-school 
training for juvenile convicts. A law passed in July created a Rural 
Police Department to coordinate and evaluate strategies and plans for 
rural areas of the country. Civilian authorities maintained effective 
control of the security forces. Some members of the police committed 
human rights abuses.
    The country has a market-based economy focused on services and 
light manufacturing, while simultaneously opening its markets. The 
country's population is over 6.9 million. Remittances from abroad are 
the largest single source of foreign income, equivalent to 
approximately 15 percent of GDP, and they continue to grow in value. 
Agriculture remained the largest source of employment. Coffee and sugar 
are the principal export crops. The rate of real economic growth 
changed little during the year and was estimated at 1.8 percent, with 
inflation at 5.4 percent. According to the Ministry of Economy's 
statistics and census office, in 2003 approximately 36.1 percent of the 
population lived below the poverty level, compared with 38.8 percent in 
2002.
    The Government generally respected the human rights of its 
citizens; however, there were significant problems in some areas. There 
were no politically motivated killings during the year; however, courts 
dropped charges from some 2003 cases. Some police officers used 
excessive force and mistreated detainees; at times police arbitrarily 
arrested and detained persons without adequate cause. Prison conditions 
remained poor, and overcrowding was a continuing problem. During the 
year, the Government took steps to improve prison conditions. Lengthy 
pretrial detention remained a problem. The judiciary remained generally 
inefficient and hampered by corruption, although the Supreme Court and 
the Attorney General's office (AG) took some steps during the year to 
address both inefficiency and corruption. Impunity for the rich and 
powerful remained a problem, as did violence and discrimination against 
women. Abuse of children, child labor, forced child prostitution, and 
trafficking in women and children remained problems, as did 
discrimination against disabled persons. The Government took steps to 
provide adequate protection of workers 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 
politically motivated killings by the Government or its agents; 
however, security forces killed 29 persons. At year's end, authorities 
were adjudicating whether police officers had acted criminally or in 
the line of duty.
    The Office of the Human Rights Ombudsman (PDDH) received one 
complaint of attempted and/or completed unlawful killings by police 
during the year.
    In June, in San Jose Villanueva PNC officers Neftaly Osmin Soriano 
and Santos Claudio shot and killed Carlos Aldredo Paniagua Martinez 
during a scuffle with 15 persons. According to witnesses, the officers 
shot Paniagua Martinez three times at point-blank range as he assaulted 
them. The initial hearing took place in October. In December, a judge 
dismissed the charges against the PNC officers.
    In January, a court acquitted gang member Francisco Zarceno 
Rodriguez, but convicted nine other persons in the 2003 death of Alvaro 
Centeno Calvio in Ahuachapan during the legislative and municipal 
election campaign. Carlos Alexander Sanchez Andino and Jose Geovani 
Galeano Portillo were each sentenced to 30 years in prison for the 
murder of Centeno.
    On November 5, gunmen shot and killed foreign labor activist Jose 
Gilberto Soto in Usulutan. Six persons, including Soto's mother-in-law, 
were charged in the killing.
    There was no information available from government sources 
regarding the trial of persons for the 2002 shooting death of Darwin 
Lopez.
    As of October, the AG had not reported any new developments and 
none were expected in the 2002 killing of Nelson Alfonso Amaya Argueta, 
president of the National Federation of Demobilized Members of the 
Civil War Era Militia.
    On August 27, the Criminal Chamber of the Supreme Court upheld the 
decision of a lower criminal court that the 2001 beating and killing of 
cadet Erick Mauricio Pena Carmona was first-degree murder. Air Force 
flight school cadets Carlos Mauricio Melara and Cesar Humberto Dorat 
were sentenced to 10 years' imprisonment and $5,714 in punitive 
damages. According to the Human Rights Institute of the University of 
Central America (IDHUCA), this was the first instance in which a court 
found the armed forces responsible for Pena Carmona's death. In 
September, the IDHUCA presented the case before the Criminal Chamber of 
the Supreme Court and in November, they presented the case to the 
Inter-American Commission on Human Rights.
    In September, the Catholic Church called for the Government to 
reopen the investigation into the 1980 killing of Archbishop Oscar 
Romero.
    Transvestites were targeted and several were killed during the year 
(see Section 5).

    b. Disappearance.--There were no reports of politically motivated 
disappearances or of police involvement in kidnappings during the year.
    Most disappearances were kidnappings for ransom. According to 
police statistics, eight persons were kidnapped during the year, the 
same number as in 2003.
    Since its inception, the Association for the Search for Children 
Who Disappeared as a Result of the Armed Conflict (Pro-Busqueda) has 
investigated 250 cases (out of 712) and organized 156 family 
reunification meetings between children who disappeared during the 
armed conflict and their biological parents. Children have been located 
in El Salvador, the United States, France, and Italy. In August, Pro-
Busqueda met with the Family Committee of the Legislative Assembly to 
lobby for a bill to create a national commission to investigate the 
cases of children missing since the 1980-92 civil war. In May, the U.N. 
Committee for Children's Rights urged the Government to create a 
national commission.
    On October 5, the President passed an executive decree to create, 
for a 4-year period, the Salvadoran Inter-Agency Committee for the 
Search for Children Who Disappeared as a Result of the Armed Conflict. 
The Committee is composed of representatives from the Ministry of 
Foreign Affairs, the Ministry of Governance, the Ministry of Defense, 
the PNC, the Salvadoran Institute for Children and Adolescents (ISNA), 
the Solicitor's office, and the Attorney General. During the year, the 
committee developed its internal organization and regulations, and met 
with representatives of Pro-Busqueda, who announced plans to join the 
Committee.
    In September, the PDDH found that the 1982 disappearance of sisters 
Ernestina and Erlinda Serrano Cruz in San Antonio de la Cruz, 
Chalatenango during an armed forces operation occurred in an area where 
many civilian casualties resulted from fighting between government 
forces and guerrillas, and that in its investigation of the case, 
prosecutors, judges, and the Supreme Court had denied justice to the 
Serrano family. In June 2003, Pro-Busqueda presented the sisters' case 
to the Inter-American Court of Human Rights. In December, the Court 
resolved legal issues relating to statutes of limitation; a final 
sentence will be announced in 2005.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices. During the 
year, the PDDH received one complaint alleging torture by police 
officers. There were allegations that some members of the PNC used 
excessive force or otherwise mistreated detainees.
    During the year, the Inspector General (PNC/IG) received a total of 
152 complaints for police negligence, 165 complaints for crimes 
allegedly perpetrated by police agents, 721 complaints regarding 
inadequate police procedures, 100 complaints for violations of human 
dignity, and 116 complaints for violation of freedom of transit.
    During the year, the PDDH resolved a total of 104 complaints 
against the PNC for all categories of human rights violations. It found 
PNC officers responsible for violations in 91 cases and absent of 
responsibility in 9 cases; a settlement was negotiated in 1 case, and 
the PDDH made recommendations in 3 cases. Of all complaints resolved, 
15 of 33 were for PNC violations of the right of personal integrity. 
During the year, the IG received 548 petitions to investigate cases of 
alleged personal integrity violations. Human rights awareness is a 
standard component of police officers' basic training.
    In July, street vendors in downtown San Salvador rioted in response 
to enforcement of a municipal decree limiting the locations of their 
stalls. The vendors attacked Municipal Police (CAM) officers, who 
responded with rubber bullets. According to the AG, CAM officers 
threatened Red Cross workers. FESPAD, a legal nongovernmental 
organization (NGO), criticized the role of the municipal police and 
stated that they had used excessive force in quelling the riot. Passing 
commuter Melvin Guadalupe died from a stray bullet, the source of which 
remained under investigation at year's end.
    In October, the Administrative Dispute Chamber of the Supreme Court 
ordered the payment of indemnifications totaling more than $600,000 to 
PNC officers who were dismissed illegally through an expedited 
procedure for combating corruption known as Decree 101. Additionally, 
the Court ordered the reinstatement of Mauricio Arriaza Chicas, who was 
accused of collecting fraudulent evidence.
    Prison conditions remained poor. Overcrowding constituted a serious 
threat to prisoners' health and lives. In May, prisoners at the Santa 
Ana Penitentiary went briefly on a hunger strike to protest limits on 
women visitors' access to prisoners. The director of the Santa Ana 
Penitentiary stated that the security measures were necessary to 
prevent women from smuggling drugs into the prison. In September, 65 
prisoners in the Metapan Penitentiary, in the country's northwestern 
zone, suffered food poisoning. Overcrowding in individual facilities 
continued as the prison population increased for the fourth consecutive 
year. At year's end, 12,073 prisoners were held in 24 prison facilities 
with a combined design capacity of 7,312, and there were 31 men and 9 
women in 2 secure hospital wards with a combined design capacity of 75 
persons. During 2003, the prison authorities instituted a new system to 
reward prisoners who exhibited good behavior and fulfilled all legal 
requirements with weekend ambulatory privileges. On the other hand, 
those prisoners who displayed dangerous or violent behavior were 
restricted to maximum security. In August 2003, the authorities 
inaugurated a maximum security prison with a capacity of 400.
    A private contractor provides prisoners' food based on professional 
dieticians' recommendations; clinics in each prison provide medical 
care.
    Gangs continued to exercise influence within the prisons and 
judicial system, and prisoners reportedly continued to run criminal 
activities from their cells. In May, the Director of Prisons found that 
members of the Mara Salvatrucha gang supervised criminal activity while 
incarcerated. Additionally, the Director discovered that gangs 
encouraged criminal activity by children to take advantage of lower 
maximum sentences for persons under the age of 18.
    Prison authorities reported that there were 59 deaths from violence 
and natural causes in the prison system during the year. On August 18, 
a riot between gang members and nongang members at the La Esperanza 
Penitentiary, better known as ``Mariona'' prison, left 31 prisoners 
dead and 28 injured. In September, Director of Prisons Rodolfo Garay 
Pineda transferred all Mara Salvatrucha gang members to the 
Quezaltepeque and Ciudad Barrios prisons and all Mara 18 gang members 
to Chalatenango and Cojutepeque. In the wake of the riot, the 
Government initiated a public dialogue on prisons among judges, 
prosecutors, human rights NGOs, and others; new procedures were 
subsequently implemented to better segregate hardened violent offenders 
from other prisoners. In November, Prisons Director Garay Pineda 
resigned; Mariona Prison Warden Jose Antonio Guzman Blanco was indicted 
in December for negligence in preventing and reporting drug trafficking 
at the facility.
    Women prisoners are incarcerated separately from men at an all-
women's facility. The law requires that all juveniles be held 
separately from adults, both prior to trial and while serving a prison 
sentence, and the Government generally observed this requirement in 
practice. At year's end, 363 minors were housed in a juvenile prison 
under the supervision of the ISNA. Gang violence in juvenile holding 
facilities was a problem. Members of the armed forces provided reform 
school training for juvenile convicts. Most criminal cases involving 
juveniles were brought to trial or conciliation proceedings within 3 
months.
    Because of a lack of holding cells, pretrial detainees were often 
sent to regular prisons, where they could be placed together with 
violent criminals.
    The Government permitted prison visits by independent human rights 
observers, NGOs, and the media, who in practice monitored prison 
conditions during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, there were complaints that at 
times the PNC arbitrarily arrested and detained persons. The IG 
received 495 petitions alleging arbitrary arrest and detention during 
the year.
    The PNC maintains public security; the Ministry of Defense is 
responsible for national security. The military provides support for 
some PNC patrols in rural areas and also provides support to the law 
enforcement agencies for specific activities, including antinarcotics 
efforts and reform-school training for juvenile convicts. In September, 
the Government created the AntiGang Task Force with a total of 333 
military personnel to be deployed in high crime areas.
    There were charges that PNC officers were involved in criminal 
activities. For example, in 2003, the authorities arrested 27 PNC 
officers on alien smuggling charges and fraud. Only 7 of the 27 
officers could be apprehended when an appeals court revoked the 
decision; the remainder had fled. In September, the authorities 
captured the last officer at large, Carlos Alberto Salmeron Mejia, 
considered a key element in the perpetration of the crimes. A lower 
court dismissed the charges against the PNC officers, but an appeals 
court revoked that decision. In November, a court dismissed charges 
against National Judicial Branch Security Chief Carlos Adolfo Flores 
Hernandez, Security Supervisor Gerbert Heriberto Munoz Chicas, and 
Judicial Protection Agent Fredy Alvarado on charges of facilitating the 
escape of 14 members of an organized crime group named Banda Tacoma, 
which operated in Guatemala, Belize, and El Salvador, perpetrating 
homicides, kidnappings, bank robberies, and other crimes.
    During the year, the PDDH received 30 complaints alleging 
violations of personal liberty, compared with 778 complaints in 2003 
and 205 in 2002. The courts generally enforced a ruling that 
interrogation without the presence of counsel is coercion, and that any 
evidence obtained in such a manner is inadmissible. As a result, police 
authorities generally delayed questioning until a public defender or an 
attorney arrived.
    The Constitution requires a written warrant for arrest, except in 
cases where an individual is arrested in commission of a crime. The law 
provides that a detainee has the right to a prompt judicial 
determination of the legality of the detention, and authorities 
generally respected this right in practice. In general, detainees were 
promptly informed of charges against them. The Penal 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.
    Generally, criminal detainees have prompt access to counsel of 
their own choosing or to an attorney provided by the state.
    Criminal detainees may be visited by family members.
    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 
were sent to regular prisons, where they could be placed together with 
violent criminals (see Section 1.c.). The law permits a judge to take 
up to 6 months to investigate serious crimes before requiring either a 
trial or dismissal of the case. In exceptionally complicated cases, the 
prosecutor or either party may ask the appeals court to extend the 
deadline for 3 to 6 months, depending on the seriousness of the crime. 
However, many cases were not completed within the legally prescribed 
time frame. The Penitentiary Directorate reported that 4,247 inmates 
were in pretrial detention at year's end, compared to 4,514 in 2003 
(see Section 1.c.). According to the Supreme Court, during the year the 
judicial system received an average of 22.8 criminal cases per day, 
compared with an average of 19 per day in 2003.

    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 suffered from 
inefficiency and corruption. During the year, the SCJ took some steps 
to address these problems.
    Impunity from the country's civil and criminal laws continued, 
particularly for persons who were politically, economically, or 
institutionally well connected. Corruption in the judicial system 
contributed to impunity.
    In October, a court released from house arrest Nelson Garcia, 
former President of the Salvadoran Bar Association and 2003 candidate 
for the Supreme Court. Garcia was accused of child pornography and 
abuse after hundreds of pornographic videos were found in his house. 
After 8 months, the authorities apprehended Garcia and put him under 
house arrest rather than jailing him. A judge later released Garcia due 
to legal technicalities; women's organizations, including CEMUJER and 
DIGNAS, condemned the decision. In November, the AG announced that he 
could not find legal grounds with which to appeal Garcia's release.
    In August, research by the Evangelical University of El Salvador 
concluded that the judicial system was susceptible to political and 
economic influence.
    In March, criminal court legal clerk Gracilea Roque was charged 
with providing confidential judicial information to the attorney of 
defendant Raul Garcia Prieto, who was under house arrest following his 
indictment for bank fraud. According to investigators, on learning that 
the judge in the case had drafted a sentence directing that Garcia 
Prieto be incarcerated, Roque advised Garcia Prieto's attorney, 
facilitating the defendant's flight from justice. The Supreme Court 
ordered the dismissal of the judges that had granted house arrest to 
Garcia Prieto but reinstated them in July. The Supreme Court also 
ordered the prosecution of Roque, but a criminal court released her in 
October due to lack of evidence.
    In July, a judge exceeded her authority by ordering that Fernando 
Palacios Luna, accused of kidnapping and organized crime, be 
transferred from a maximum to a medium security prison. By law, only 
the Criminal Council, a multidisciplinary group attached to the 
Ministry of Governance, can grant prison transfers. The Director of 
Prisons refused to transfer Palacios Luna to a common prison. However, 
in August, an appellate court upheld the judge's decision.
    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 and 
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. In 
September, the CNJ denounced the Supreme Court for not respecting the 
law and illegally designating a magistrate of a family court in San 
Miguel.
    In September, the President of the CNJ proposed that the judicial 
branch be reconfigured to address the disparity in workloads among the 
various courts in the country.
    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.
    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. As of 
September, the Judicial Investigation Section of the Supreme Court had 
received 152 petitions. It investigated 19 cases and sanctioned judges 
in 3 cases. During January and June 2003, the National Judiciary 
Council evaluated 645 judges and magistrates, and recommended sanctions 
against 47 judges, mostly for violations of due process.
    NGOs and knowledgeable observers claimed that the Supreme Court did 
not respond adequately to public criticism, and did not make 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.
    In practice, the Court imposed few sanctions upon judges based upon 
the recommendations from the CNJ and the Department of Judicial 
Investigation.
    In May, legal clerks of a Santa Ana Court asked the Supreme Court, 
to the dismissal of a Justice of the Peace for violating labor 
standards and legal procedure. They alleged that the Justice of the 
Peace forced them to substitute for him at hearings without appropriate 
authorization, a violation of constitutional rights and due process. In 
addition, the Justice of the Peace compelled his staff to work extra 
hours at his residence. At year's end, the case remained under 
investigation by the Supreme Court's Judicial Investigation Unit.
    As of September, the Supreme Court was investigating more than 300 
cases of irregular law diplomas. In May, the Supreme Court reconfirmed 
the dismissal of one sentencing judge for having an irregular law 
diploma. The Ministry of Education presented a list of 199 lawyers, 
including the sentencing judge, who did not fulfill the legal or 
administrative requirements to obtain a law diploma.
    Judges rather than juries decide most cases, although juries are 
used in particular phases 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 whether a jury or a sentencing court 
should hear the case. Juries hear only those cases that the law does 
not assign to sentencing courts. After the jury's determination of 
innocence or guilt, a tribunal decides the sentence. A jury verdict 
cannot be appealed; however, 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. In 
July, the Legislative Assembly modified the Criminal Code, Criminal 
Procedure Code, Juvenile's Offender Law, and Penitentiary Law in 
response to an April Supreme Court decision that the October 2003 
antigang law was unconstitutional. Penalties were increased for 
conspiracy cases, and the maximum period allowed to investigate a crime 
when the defendant is a minor was reduced to 60 days. When a child is 
arrested, police must inform the child's parents or guardians, the 
solicitor's office, the Attorney General, and the PDDH.
    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. In 
practice, compensation for damages due to judicial error was seldom 
applied. 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 also was not always implemented in 
practice.
    In June, a 7-year-old girl in Ahuachapan testified in the case of 
her own rape while the alleged perpetrators were present in the 
courtroom. The AG had failed to request that the court excuse her from 
testifying in their presence, a standard procedure to protect a child 
from being compelled to offer testimony under such circumstances. The 
court released the defendants for lack of evidence, which the AG 
appealed to the Supreme Court. The Judicial Investigations Unit of the 
Supreme Court denied the appeal and declined to sanction the judges 
involved in the case.
    Police, prosecutors, public defenders, and the courts continued to 
have problems with criminal investigations. 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.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. 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.
    There are 5 daily newspapers, with a combined daily circulation of 
more than 250,000, and 16 television stations. Five independent and one 
government-owned and operated VHF television stations reach most areas 
of the country, and eight independent UHF stations serve San Salvador. 
Approximately 150 licensed radio stations broadcast on the FM and AM 
bands.
    According to practitioners and observers, some newspaper editors 
and radio news directors practiced self-censorship by discouraging 
journalists from reporting on topics or presenting views that the 
owners or publishers might not view favorably.
    In April, Social Security (ISSS) workers attacked journalists with 
stones and burned media vehicles during a demonstration against the 
Government's dismissal of ISSS workers. The Salvadoran Radio 
Association and the Ombudsman for Human Rights Office condemned the 
ISSS workers' actions (see Section 6.a.).
    On October 22, San Salvador's Third Court sentenced political 
activist and director of the NGO Liberty Foundation Rafael Menjivar to 
3 years in prison for slander in television and radio spots during the 
lead-up to the March 21 presidential election that outlined FMLN 
presidential candidate Schafik Handal's alleged participation in 
kidnappings and murders during the country's 1980-1992 civil war. The 
sentence was commuted to monitored house arrest, public retractions by 
Menjivar of his statements, and probation. In November, related charges 
were dropped against television journalist Moises Urbina, who had 
discussed Menjivar's case on the air.
    At year's end, reforms to Article 187 urged by October 2003 General 
Assembly of the Inter-American Press Society had not been passed.
    The new Legislative Assembly did not reconsider the 2003 bill 
presented by the NGO Human Rights for the Americas and APES before the 
previous Assembly to strengthen freedom of speech in accordance with 
international law.
    In 2002, the Inter-American Press Association (IAPA) identified 
freedom of press problems in several areas, including the absence of 
laws protecting journalists' right to maintain the confidentiality of 
sources. In October 2003, the IAPA reported that both political and 
government organizations blocked journalists from having access to 
information of public interest.
    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.
    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 association, and the Government 
generally respected these rights in practice. Some NGOs asserted that 
the Ministry of Governance delayed approval of legal status for 
controversial NGOs with human rights or political agendas.
    In October, the Ministry of Governance denied legal status to ``En 
Nombre de la Rosa,'' a homosexual and transvestite association. The 
association presented a constitutional petition before the Supreme 
Court of Justice, that was ongoing at 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 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 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The Constitution prohibits forced exile, and the Government 
observed this prohibition.
    The law provides for the granting of refugee status or asylum in 
accordance with the definition in the 1951 U.N. Convention Relating to 
the Status of Refugees or its 1967 Protocol, and the Government has 
established a system for providing protection to refugees. In practice, 
the Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees and asylum seekers. 
The Government also provided temporary protection to individuals who 
may not qualify as refugees under the 1951 Convention's 1967 Protocol.
    During the year, the Government granted refugee status to 24 
Colombians.
    In August, the UNHCR liaison officer publicly complained about the 
Government's attitude toward dozens of Nicaraguans who had moved to the 
country during the 1980s, but who had never completed application 
procedures 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 president and vice president are elected every 
5 years by secret ballot. The Constitution bars the president from 
election to consecutive terms.
    Three political parties and a two-party coalition fielded 
presidential candidates in the March presidential election, which 
witnessed an unprecedented voter turnout of 63 percent. Most observers 
reported that the election was free and fair, with few irregularities. 
Voters elected, with 58 percent of the vote, ARENA party candidate 
Elias Antonio ``Tony'' Saca. Under the law, parties that receive less 
than 3 percent of the vote (less than 6 percent in the case of a two-
party coalition) must be dissolved; however, a December Supreme Court 
ruling rescinded the ordered dissolution of the Party of National 
Conciliation and Christian Democratic Party. An October final report on 
the March election by the OAS praised the new Sole Identity Document 
(DUI), and encouraged the Government to institute residential voting 
procedures.
    In 2002, the Supreme Court ruled that an article of the electoral 
code that assigned a specific number of legislators to each department 
of the country 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. 
During the year, there were new efforts to amend election law in 
keeping with this ruling.
    Corruption in the executive and legislative branches was a problem.
    In an August poll published by the University of Central America's 
Public Opinion Institute (IUDOP) respondents defined corruption not 
only as a government official's use of public office for personal gain 
but also as gang violence, common crime, sexual harassment, and other 
phenomena. Respondents placed most trust in the PNC to fight corruption 
while identifying the Comptroller's Office and the courts as the 
government organizations most subject to corruption.
    Laws provide for public access to government information; however, 
in practice, government budget figures and information involving 
investigations by the Comptroller's Office are difficult to obtain.
    There are no laws or overt practices that prevent women from voting 
or participating in the political and governmental systems. The 
country's Vice President is a woman. Nine of 84 legislators were women, 
with 22 women serving as elected alternate legislators. Two members of 
the six-person Board of Directors of the Legislative Assembly were 
women. In the Judicial Branch, 2 out of 15 Supreme Court justices were 
women. Of the 13 executive branch ministries, 3 constitutionally 
independent agencies, and 4 special presidential commissioners, 6 were 
women. Women held a substantial number of vice- and sub-ministerial 
jobs. An estimated 40 percent of the country's judges were female; 
however, the majority held positions in the lower-level courts.
    No one who identifies himself or herself as a member of a minority 
held 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
    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 generally cooperative and responsive to their views. However, it 
was sometimes reluctant to discuss worker rights issues with NGOs, and 
it refused to discuss the topic with the PDDH. Domestic and 
international NGOs are required to register with the Government, and 
some reported difficulties (see Section 2.b.). However, in January, the 
Government granted legal status to the Independent Monitoring Group of 
El Salvador, an NGO that monitors labor standards in the maquila 
sector.
    Prior to the March presidential election, immigration authorities 
at the international airport at Comalapa detained on arrival several 
international election observers (and other travelers mistaken for 
observers). Their detention was apparently a result of the Ministry of 
Governance's interpretation of the Constitution, which specifically 
prohibits foreigners from participating in the country's internal 
politics. The detained individuals were released after 1 day and 
allowed free access to observe the election.
    The principal human rights investigative and monitoring body is the 
PDDH, 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 June, the 
Legislative Assembly re-elected the incumbent Ombudsman, attorney 
Beatrice Carrillo, for an additional 3-year term.
    During the year, the PDDH accepted 634 complaints of human rights 
violations, compared with 2,479 in 2003 (see Sections 1.a. and 1.c). 
The rights most frequently alleged to have been violated included 
personal integrity, due process, and labor laws. During the year, the 
PDDH issued 296 resolutions involving 345 complaints filed during the 
year and previous years. Some of the resolutions addressed multiple 
complaints with similar characteristics, such as mistreatment by 
police. The PDDH upheld charges in 190 resolutions, found the accused 
not to have been responsible in 59 resolutions, resolved 29 cases using 
its good offices, verified fulfillment of recommendations in 6 cases 
received during the year, and issued recommendations in 12 cases. In 
the remaining cases received during the year, the PDDH had not 
determined whether the facts substantiated the allegations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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, persons with disabilities, and 
indigenous people occurred in salaries and hiring. There were some 
instances of violence against homosexuals.

    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. 
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 was recognized publicly and has become a topic for 
national debate. Government institutions such as the PDDH, the AG's 
office, the CSJ, 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), defined policies, programs, and projects on domestic 
violence and maintained a hotline and a shelter for victims of domestic 
abuse. In August, legislation was passed authorizing judges to allow 
NGOs to assist victims of domestic violence.
    At year's end, ISDEMU had received 4,329 complaints of domestic 
violence, compared with 4,609 complaints in 2003. The Appellate Family 
Courts received 25 cases of domestic violence from January through 
July. 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 were unlikely 
to be resolved. In August, the women's NGOs Cemujer, IMU, and AMS 
conducted a public awareness campaign on violence against women. During 
this campaign, they revealed that 56.4 percent of the population 
thought it normal for a man to hit a woman.
    In 2003, the decapitated bodies and severed heads of two young 
women were found at separate locations; the murders fit the pattern of 
Central American gang ritual slayings. No suspects had been charged at 
year's end.
    The Criminal Code permits the AG to prosecute in the case of a 
rape, with or without a complaint from the victim, and a victim's 
pardon may not nullify the criminal charge. The penalties for rape are 
6-10 years in prison. The law does not address specifically spousal 
rape; however, it may be considered a crime if the actions meet the 
Criminal Code's definition of rape. According to PNC reports, gangs 
raped 26 women during the year.
    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 a person to work as a prostitute. 
Prostitution was 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 5, Trafficking).
    The law prohibits sexual harassment and stipulates penalties of 3 
to 5 years for those convicted of harassment, or 4 to 8 years in cases 
where the victim was a minor under the age of 15. Fines are added to 
the prison term in cases where the perpetrator is in a position of 
authority or trust over the victim. In October, the AG presented 
charges of sexual harassment against a regional PNC Deputy Commissioner 
Wilfredo Avelanda. Four women filed charges against Avelanda; the PDDH 
has registered four additional cases against Avelanda in the past.
    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 84 days of maternity leave.
    Women suffered from cultural and societal discrimination and had 
reduced economic opportunities; men often received priority in 
available jobs and promotions. In particular, women were not accorded 
equal respect or stature in traditional male-dominated sectors such as 
agriculture and business. A 2002 U.N. Development Program (UNDP) study 
reported a literacy rate of 79 percent for women and 85 percent for 
men. One of the factors that contributed to girls leaving school was 
teenage pregnancy. According to the Health Minister, 18,574 girls ages 
10 to 19 years were pregnant as of October.
    The Penal Code establishes a sentence of 6 months to 2 years for 
employers who discriminate against women in labor relations; however, 
it was difficult for employees to report such violations because they 
feared reprisals. In February, the Legislative Assembly criminalized 
the practice, common in financial and commercial sectors, of asking a 
woman to take a pregnancy test before hiring her. A 2003 UNDP study 
showed that women earn on average $3,350 per year, compared with $7,381 
for men. The one sector in which there was an exception to this 
practice was in the EPZs and maquilas, the largest source of new jobs, 
where women made up 85 to 90 percent of the workforce (see Section 
6.b.). However, even in this sector, men held the majority of positions 
in management and in departments where employees received higher wages, 
such as cutting and ironing. Training for women generally was confined 
to low-wage occupational areas where women already held most positions 
in fields such as teaching, nursing, home industries, and small 
businesses. According to the same UNDP study, women held 25.7 percent 
of higher-level positions and 19.7 percent of municipal seats.
    Women's organizations such as CEMUJER, Las Dignas, and the Melida 
Anaya Montes Movement were engaged in promoting women's rights and 
conducted several rights-awareness campaigns during the year.

    Children.--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.
    Education is compulsory through the ninth grade and nominally free 
through high school. On average, children in the country attend school 
through 5.5 grades. The Constitution 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. In 2003, the Legislative Assembly modified the 
law so that schools are prohibited from charging students any fees. The 
Ministry of Education continued to operate a hotline for the public to 
report school administrators who violated these laws. As of August, the 
Ministry had received 895 complaints of illegal school fees. 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 often withdrew their children from school by the 
sixth grade to work.
    Infant malnutrition continued to be a problem, particularly in the 
coffee-producing zones of Ahuachapan and Sonsonate. During the year, 
the Government implemented a national plan for infants designed to 
increase access to potable water, iodized salt, and micronutrients and 
encourage breast-feeding, but progress was slow, particularly in rural 
regions.
    At year's end, ISNA reported 390 cases of negligence in which 
children were victims. At year's end, ISDEMU had 1,639 cases of child 
abuse and mistreatment on file. The ISNA reported 207 cases of child 
sexual abuse during the year, compared with 143 cases in 2003 and 173 
in 2002. A majority of the victims were female. The Olaf Palme 
Foundation reported that it registered 5 cases of police abuse and 
mistreatment of street children during the year. Olaf Palme reported 5 
cases of sexual abuse (including rape), 13 cases of domestic violence 
against children, and 8 cases of unpaid child support orders. All cases 
were reported to the PDDH and to the Attorney General's office. (The 
NGO reported that in previous years children feared reprisals if they 
reported abuse.)
    Child prostitution was a problem. According to a 2000 UNICEF 
report, between 10 and 25 percent of visible prostitutes were minors, 
and an estimated 40 percent of the hidden prostitutes who cater to 
upper class clients were believed to be minors.
    Children, especially those living on the streets, have been 
trafficked to other countries and for the purpose of sexual 
exploitation (see Section 5, Trafficking).
    Child labor remained a problem (see Section 6.d.).

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked to, from, or 
within the country. There was no evidence that the Government or 
individual government officials participated in, facilitated, condoned, 
or were otherwise complicit in trafficking in persons.
    In 2003, the Legislative Assembly penalized trafficking in persons; 
the law covers all forms of trafficking. The two statutes that dealt 
most specifically with trafficking assessed criminal penalties ranging 
from 4 to 8 years imprisonment. However, if the victim is under 18, 
suffers mental or physical disease, suffers violations to his freedom 
of transit in a foreign country, dies as a consequence of negligence or 
imprudence, or if the perpetrator is a law enforcement agent or public 
officer, the maximum sentence increases by one-third.
    In October, legislators modified the Criminal Procedure Code to 
require that crimes against sexual freedom, including trafficking in 
persons, be heard during the plenary and public stage by a special 
collective tribunal composed of three judges, rather than a jury to 
prevent the release, long common among judicial authorities, of 
traffickers.
    There were no civil penalties for trafficking. During the year, the 
Government prosecuted eight persons accused of trafficking. Government 
agencies directly responsible for combating trafficking are the Alien 
Smuggling and Trafficking in Persons unit of the Attorney General's 
Office (FGR), the PNC, ISNA, and the Directorate General of Immigration 
(DGM). However, these units were new and poorly funded.
    The country was a point of origin and destination for international 
trafficking in women and children, particularly the harboring of child 
prostitutes. Anecdotal information suggested it was also a transit 
country for international trafficking for the same purpose. Sex 
trafficking of minors occurred within the country's borders, as did sex 
trafficking in which commercial sex was induced by force, fraud, or 
coercion. Most international trafficking victims came from Nicaragua, 
Honduras, and South America. Particular groups at special risk for 
trafficking were girls and young women from 12 to 19 years of age, 
persons from rural and poor areas, single mothers in poor areas, 
adolescents without formal schooling, adolescent mothers, unemployed 
young men, and foreign girls. In October, the International Labor 
Organizations (ILO) stated that children were most vulnerable to 
becoming victims of trafficking. The ILO's International Program for 
the Elimination of child Labor (IPEC) developed a database for children 
involved in prostitution and trafficking that revealed that 125 
children in the downtown San Salvador area were involved in sexual 
exploitation.
    There was evidence that San Salvador was a transit point for girls 
trafficked to Mexico, the United States, and other Central American 
countries. Some children also were trafficked internally to the port 
city of Acajutla and to bars and border regions. Children from 
Nicaragua, Honduras, and South America were trafficked to work in bars 
in major cities, specifically in San Miguel.
    In May, the country's Consul in Chiapas, Mexico, asserted that 
approximately 200 Salvadoran women worked as prostitutes in Mexico. The 
Coordinator of the Public Security unit of the municipality, Angel 
Mateos, asserted that dozens of Salvadoran girls ages 13 to 19 worked 
as prostitutes in Chiapas. He also linked them with gangs.
    In July, authorities arrested Sara Elizabeth Galdamez de Orellana 
for prostituting three girls ages 14 to 16 in Metapan. However, she was 
acquitted by a Justice of the Peace for lack of evidence. As of 
October, the AG was trying to obtain additional evidence to reopen the 
case.
    On October 16, Border Police, acting in cooperation with ISNA, 
conducted a nationwide sting operation against traffickers. Thirteen 
traffickers were arrested, and 15 minors were rescued from forced 
prostitution.
    According to police, the most common methods of recruitment were 
lucrative job offers; inducement into prostitution by family, friends, 
and smugglers; and kidnapping.
    The Salvadoran Network Against Trafficking, composed of the ILO, 
Catholic Relief Services, Las Dignas, CONAMUS, Flor de Piedra, FESPAD, 
and CARITAS, provided legal counseling and human rights awareness to 
victims of trafficking.
    The Government detained illegal migrants, including those who might 
have been trafficking victims. When illegal immigrants who were victims 
of trafficking were older than 18 years old and did not request 
assistance or express fear for their lives, they were deported as a 
matter of policy. Minors were not immediately deported but were instead 
repatriated, with ISNA cooperating with the counterpart organization in 
the victim's country of origin. The police encouraged national 
trafficking victims to press charges against traffickers. A foreign 
trafficking victim may file a criminal case, but in practical terms, 
illegal migrants, including foreign victims of trafficking, were 
deported before they had the opportunity to do so. Victims could apply 
for temporary residency or refugee status if they were likely to face 
persecution in the country of origin. Access to legal, medical, and 
psychological services was accessible on request. Victims of 
trafficking were not treated as criminals unless they were undocumented 
workers of legal age. The Government provided assistance to its 
repatriated citizens who were victims of trafficking.
    The Government funded foreign and domestic NGOs that provided 
services to illegal migrants who might also have been trafficking 
victims. ISNA provided protection, counseling, and legal assistance to 
abused, homeless, and neglected children, including those who might 
also have been trafficking victims.

    Persons With Disabilities.--There was discrimination against 
persons with disabilities in employment and education. The law mandates 
access to buildings for persons with disabilities, but in practice, the 
Government often did not enforce these provisions. Although efforts 
increased to combat discrimination and increase opportunities for those 
with nonwar-related disabilities, they were still inadequate. The 
Ministry of Labor promoted compliance with a 2000 law that requires 
that 1 of every 25 employees hired by private businesses be disabled, 
an increase from the previous requirement of 1 in 50. There was no 
reliable data on the actual number of persons with disabilities 
employed, but the unemployment rate among the disabled was 
significantly higher than that of the general population.
    During the year, the National Secretariat of the Family (SNF) 
estimated that 7 to 10 percent of the population had some form of 
disability. A 2000-01 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 also found that 
many of the causes of disability were preventable.
    Efforts to combat discrimination and increase opportunities for 
those whose disabilities were unrelated to the war were growing but 
remained inadequate. 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 
preexisting requirement of 1 for 50. The Ministry's limited resources 
and decentralization of its records meant that there were no reliable 
data on the number of persons with disabilities who were employed; 
however, the unemployment rate was 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. Few of the 
Government's community-based health promoters were trained to treat 
persons with disabilities, and they rarely provided such services.
    In February, the Legislative Assembly debated and let stand a 
previously enacted special statutory law authorizing persons with 
disabilities to be members of municipal boards of directors. However, 
the National Committee for Disabled Persons (CONAIPD), the Independent 
Group for a Comprehensive Rehabilitation (ACOGIPRI), and the Salvadoran 
Association for Blind People alleged that this provision is not 
enforced in practice.
    In May, SNF began a housing project design for disabled persons 
selected by the CONAIPD.
    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. The Government and national and 
international NGOs provided funding for the Salvadoran Rehabilitation 
Institute for the Disabled, which had 10 centers throughout the country 
and offered medical treatment, counseling, special education programs, 
and professional training courses.

    Indigenous People.--There were no special rights for indigenous 
people; however, they were allowed to make decisions regarding their 
communal lands just as any other landowners under the Constitution. The 
Constitution states that native languages are part of the national 
heritage and should be preserved and respected. There were no national 
laws regarding indigenous rights. According to research done during the 
year by the NGO Native Land, Jose Matias Delgado University, the 
Environmental Ministry, and National Geographic, the country has three 
different classes of indigenous people: Nahua-Pipiles (western and 
central areas of the country), Lencas (eastern region), and Cacaoperas 
(eastern region). This research concluded that indigenous people had 
lost their traditional relationship with the land, that people living 
in the capital believed that the country did not have an indigenous 
population, and that in general indigenous people were considered 
peasants.
    Most indigenous people have adopted local customs and assimilated 
into the general population, from which they now are generally 
indistinguishable. There were a few very small communities whose 
members continue to wear traditional dress and maintain traditional 
customs to a recognizable degree; they did so without repression or 
interference. These small indigenous groups existed in the poorest 
parts of the rural countryside where employment opportunities were few 
and domestic violence was a problem.
    Indigenous people reportedly earned less than other agricultural 
laborers. Indigenous women in particular had 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 was a problem for indigenous people. Few 
possessed titles to land, and bank loans and other forms of credit were 
extremely limited.
    There were some small, active indigenous associations. The best 
known was the National Association of Indigenous Salvadorans.

    Other Societal Abuses and Discrimination.--In April, sex workers 
charged that the January criminal reforms on sexual exploitation were 
misunderstood by PNC officers and the Municipal Police (CAM). According 
to the workers, PNC agents arrested transvestites working as 
prostitutes, although prostitution per se is not a crime in the 
country.
    On March 23, the body of transvestite Jose Natividad Flores Duran 
was found next to the Catholic church in Cerro Grande, San Vicente; 
Flores apparently died after having been hit with stones. The same 
night, unknown persons killed David Antonio Andrade Castellano in a 
similar fashion in the El Santuario neighborhood, near San Vicente 
cemetery.
    In October, the Ministry of Governance denied legal status to ``En 
Nombre de la Rosa,'' a homosexual and transvestite association (see 
Section 2.b.).
    In 2003, the human rights NGO named Entre Amigos reported that 
unknown persons killed three transvestites, Jose Cornado Galdamez, 
Reyes Armando Aguilar, and Jose Roberto de Paz, as they walked down the 
main street of Santa Tecla, La Libertad.
    Entre Amigos presented a petition before the AG's office; 
investigations were ongoing at year's end.
    In a 2003 program sponsored by the Government of the Netherlands, 
Entre Amigos trained police officers in respecting the rights of 
homosexuals; the program ended in February.
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. 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. 
According to the Ministry of Labor (MOL), 30 per cent of the country's 
workforce was unionized.
    In May 2003, the Ministry of Labor (MOL) denied registration to the 
communications union SITCOM for failing to meet the legally prescribed 
minimum number of 35 affiliated employees. The MOL refused to include 
radio station workers as part of the communications industry and two 
union-affiliated workers whom their employer considered management 
employees, which made them ineligible for union membership. In March, 
the Administrative Chamber of the Supreme Court ordered the MOL to 
present a report regarding its denial.
    Public agencies that provide essential services have the right to 
form unions. Military personnel, police, and government workers may not 
form unions but are allowed to form professional and employee 
organizations. The Labor Code does not require that employers reinstate 
illegally dismissed workers. The Labor Code specifies 18 reasons for 
which an employer can legally suspend workers. The employer can invoke 
11 of them unilaterally without prior administrative or judicial 
authorization. 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 circulation of lists of workers who would not be hired because they 
had belonged to Unions.

    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.
    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 negotiated with labor 
organizations directly, relying on the MOL only for such functions as 
officially certifying Unions. The Ministry often sought to conciliate 
labor disputes through informal channels rather than attempt to enforce 
regulations strictly, which has led to charges that the Ministry was 
biased against labor. Labor leaders asserted 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.)
    The law provides for the right to strike, and workers exercised 
this right in practice. Fifty-one percent of all workers in an 
enterprise must support a strike, including workers not represented by 
the Union. Unions may strike only after the expiration of a collective 
bargaining agreement or to protect professional rights. Unions first 
must seek to resolve differences through direct negotiation, mediation, 
and arbitration before striking. A 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 who provide vital community services are not allowed 
to strike legally; however, the Government generally treated strikes 
called by public employee associations as legitimate.
    There were approximately 240 maquila plants, the majority of which 
were located in the country's 15 Export Processing Zones (EPZs). The 
Labor Code applies in the EPZs, and there are no special EPZ labor 
regulations.
    There were credible reports that some factories dismissed union 
organizers, and there were no collective bargaining agreements with the 
18 unions active in the maquila sector. As of September, there were 11 
unions in the maquila sector. At year's end, the Ministry of Labor 
reported that the country had 147 active unions and 156 registered 
unions, 17 labor federations, and 2 labor confederations.
    Workers in a number of plants reported verbal abuse, sexual 
harassment, and, in several cases, physical abuse by supervisors. The 
MOL had insufficient resources to cover all the EPZs. Allegations of 
corruption among labor inspectors continued to surface (see Section 
6.a.).
    In March, Mirna Suyapa Gomez presented a petition before the Deputy 
Ombudsman for Labor Rights and the Ministry of Labor. Gomez alleged 
that the maquila Leader Garments dismissed her despite her status as 
financial secretary of the Salvadoran Textile Industry Union. In 
September, the MOL confirmed that Gomez had accepted severance payment 
instead of reinstallation.
    The ICFTU reported persistent problems facing female employees in 
EPZs, including mandatory pregnancy tests and firing of workers who 
were pregnant (see Section 5).

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, except in 
the case of natural catastrophe and other instances specified by law, 
and the Government generally enforced this provision; however, 
trafficking in persons, primarily women and children, was a problem 
(see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Constitution prohibits the employment of children under the age of 14; 
however, child labor was a problem. According to ILO/IPEC research, 
more than 220,000 children between the ages of 5 and 13 worked, with 
30,000 children employed in hazardous activities. IPEC and MOL programs 
have helped over 5,000 children depart the workplace and reenroll in 
school. In September 2003, the Minister of Labor asserted that 67 out 
of 100 children were engaged in some form of work, including family 
household work. 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 MOL was responsible for enforcing child labor laws; in 
practice, labor inspectors focused almost exclusively on the formal 
sector, where child labor was rare, and in the past few labor 
inspectors have dealt with child labor cases. The MOL received few 
complaints of violations of child labor laws, because many citizens 
perceived child labor as an essential component of family income rather 
than a human rights violation. 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 was difficult to 
monitor practices or enforce labor laws. Orphans and children from poor 
families frequently worked for their own or family survival as street 
vendors and general laborers in small businesses, mainly in the 
informal sector. Children in these circumstances often did not complete 
schooling. There were no reports of child labor in the industrial 
sector.
    In January, Human Rights Watch (HRW) reported that thousands of 
girls, some as young as age 9, worked as domestics, making them 
vulnerable to physical or sexual abuse. In May 2003, ILO/IPEC' 
published a research paper entitled ``Understanding Child Labor in El 
Salvador.'' According the IPEC data, 1 out of 10 children worked. 
Children's participation in work activity increased with age; while 
less than 2 percent of children aged 5 to 9 work, approximately 13 
percent of children aged 10 to 14 worked. Child labor was more common 
in rural areas (15.7 percent) than in urban areas (7.7 per cent). 
Approximately 60 percent of children worked in the informal sector in 
micro-agricultural and nonagricultural family enterprises, and they did 
not receive a salary.
    In September, the MOL convened the first meeting of the National 
Committee Against Child Labor, which, in addition to the MOL, included 
representatives from the Ministries of Education, Agriculture, and 
Governance, the private sector, labor groups, and civil society NGOs. 
In September, an MOL report on the eradication of child labor indicated 
that 7,000 child laborers had been removed from the worst forms of 
child labor and reenrolled in school since 1999.
    According to a June HRW report, up to one-third of sugarcane 
workers were children under the age of 18. The same report also 
revealed that medical care was often not available on the sugarcane 
farms, and children frequently had to pay for the cost of their own 
medical treatment.

    e. Acceptable Conditions of Work.--The minimum wage is set by 
executive decree based on recommendations from a tripartite committee 
(which includes government, labor, and business). In 2003, the 
tripartite committee agreed to raise the minimum daily wage to $5.28 
for service employees, $5.16 for industrial laborers, and $5.04 for 
maquila workers. The agricultural minimum wage remained $2.47, with 
$3.57 for seasonal agriculture industry workers. The minimum wage with 
benefits did not provide a decent standard of living for a worker and 
family.
    The MOL is responsible for enforcing minimum wage laws and 
generally did 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. As of September, 
the MOL received 816 complaints alleging that the minimum wage was not 
paid. The MOL issued 541 sentences that favored workers; the remaining 
cases were pending. Corruption among labor inspectors and in the labor 
courts continued to be a problem, although the MOL received an 
increased budget to hire more inspectors, offer increased training to 
existing inspectors, and perform more labor inspections.
    The law sets a maximum normal workweek of 44 hours. It limits the 
workweek to no more than 6 days for all workers and requires bonus pay 
for overtime. By law, a full-time 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 were not placed 
at risk to their health and safety 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 pool 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 
fourth month of pregnancy. Health and safety regulations were outdated, 
and enforcement was inadequate. The MOL attempted to enforce the 
applicable regulations but had 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).

                               __________

                                GRENADA

    Grenada is a parliamentary democracy, governed by a prime minister, 
a cabinet, and a unicameral legislature, with a governor general as 
titular head of state. In November 2003, Prime Minister Keith 
Mitchell's New National Party (NNP) won 8 out of 15 parliamentary seats 
in generally free and fair elections. The judiciary is independent.
    The Royal Grenada Police Force is responsible for maintaining 
internal law and order and external security. Civilian authorities 
maintained effective control of the security forces. Some members of 
the security force committed occasional human rights abuses. Following 
Hurricane Ivan, the Regional Security Service (RSS) sent soldiers and 
police officers from other Caribbean nations to assist the police force 
with maintaining law and order. The RSS was present from September to 
December.
    The free-market economy was based on agriculture and tourism. 
Grenada and 2 smaller islands, Carriacou and Petit Martinique, had a 
population of approximately 102,000. Hurricane Ivan damaged an 
estimated 90 percent of island houses, destroying 40 percent totally, 
and damaged 91 percent of the rain forest and the agricultural sector. 
The Caribbean Development Bank estimated that the economy contracted by 
3.6 percent during the year.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a few areas, particularly 
continued violence against women and instances of child abuse.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that government officials employed them. Flogging, a legal 
form of punishment, was rare but was used as punishment for sex crimes. 
The Police Commissioner continued to speak out strongly against police 
use of unlawful force.
    Prison conditions generally met international standards, the 
Government permitted visits by independent human rights observers, and 
such visits occurred during the year. The main prison was damaged 
during Hurricane Ivan, and the authorities permitted some prisoners, 
including 15 of the ``Grenada 17,'' to leave. The 15 prisoners returned 
at the end of each day, and the prison was repaired by year's end.
    In September, RSS personnel reportedly used excessive force to stop 
a riot at the prison. According to press reports, inmates complained 
about beatings, broken limbs, and humiliation. A local attorney called 
upon the Government to investigate the charges.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The 830-person national police force, including an additional 200 
rural constables, had a hierarchical structure and was generally 
effective in responding to complaints; however, lack of resources was a 
problem. While individual cases of corrupt or abusive police have been 
reported, there was no generalized problem of police corruption. In 
September, authorities accused five police officers of looting after 
the passing of Hurricane Ivan, and an investigation continued at year's 
end. The police investigated allegations of police brutality 
internally. The Police Commissioner can discipline officers (up to the 
rank of sergeant) in cases of brutality with penalties that include 
dismissal. Only the Public Service Commission can discipline officers 
with the rank of inspector or above. For several months following the 
passing of Hurricane Ivan, a temporary curfew was enacted, and RSS 
troops provided internal law enforcement assistance. By year's end, the 
curfew had been lifted, and all foreign troops had left the country.
    The law permits police to detain persons on suspicion without a 
warrant, but they must bring formal charges within 48 hours, and this 
limit generally was respected in practice. 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. In practice, detainees were 
provided access to a lawyer and family members within 24 hours.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary was a part of the Eastern Caribbean legal system. 
There were three resident judges who heard cases in the Supreme Court. 
An appeals court, staffed by a chief justice who traveled between the 
Eastern Caribbean Islands, heard appeals cases. Final appeal may be 
made to the Privy Council in the United Kingdom.
    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 appoints attorneys for indigents only in cases of murder 
or other capital crimes. In other criminal cases that reach the 
appellate stage, the court appoints a lawyer to represent the accused 
if the defendant was not represented previously or reappoints earlier 
counsel if the appellant no longer could afford that lawyer's services. 
Assizes are held three times a year for a 2-month period. With the 
exception of persons charged with a killing and foreign-born drug 
suspects, the courts granted most defendants bail while awaiting trial.
    In March, the Grenada High Court ruled unconstitutional the 
sentences given to 14 of the ``Grenada 17,'' who were convicted for the 
1983 murder of Prime Minister Maurice Bishop. In 1986, the 14 had been 
sentenced to death, which was commuted to life imprisonment in 1991. 
The High Court was set to re-sentence and possibly free the 14 until 
the Government appealed the decision to the Eastern Caribbean Supreme 
Court; a decision was pending at year's end. A separate appeal was 
filed for the three individuals convicted of the murder who were not 
sentenced to death and who had been ordered released by the High Court 
in 2002. In 2003, Amnesty International (AI) classified the Grenada 17 
as political prisoners based upon its findings that their original 
trial was unfair, and subsequent appeals manipulated for political 
reasons.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom.
    The independent media were active and expressed a wide variety of 
views without restriction. There were four weekly newspapers, seven 
radio stations, and a private television station.
    In May, the Government reportedly attempted to intimidate members 
of the press who reported on allegations of corruption against the 
Prime Minister. One journalist reportedly was threatened and later 
detained by the police after attempting to report the incident. The 
Media Workers Association of Grenada reported that the Government 
threatened to sue media outlets if they reprinted an article from an 
Internet journal on the corruption allegations. Both the Association of 
Caribbean Media Workers and the international Committee to Protect 
Journalists criticized the Government for seeking to intimidate the 
media.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    For a more detailed discussion, see the 2004 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.
    The Constitution does not address forced exile, but the Government 
did not use it.
    The Government has not established a system for providing 
protection to refugees or asylum seekers. In practice, the Government 
provided protection against refoulement, the return of persons to a 
country where they feared persecution, but did not routinely grant 
refugee status or asylum. Although the Government provides temporary 
protection to individuals who may not qualify as refugees under the 
1951 U.N. Convention Relating to the Status of Refugees or its 1967 
Protocol, no one sought such protection during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. General elections must be held every 5 years. In 
November 2003, the incumbent NNP administration of Prime Minister Keith 
Mitchell retained power by winning 8 of the 15 seats in Parliament in 
elections generally considered free and fair, but with some 
irregularities noted by the Organization of American States in several 
very close races. On March 19, the court ruled that one contested 
Parliament seat remain with the NNP.
    There were several allegations of corruption during the year. In 
August, a Commission of Inquiry began to investigate whether Prime 
Minister Mitchell accepted money from a German citizen, reportedly in 
exchange for receiving a diplomatic title in the Government. The Prime 
Minister claimed the money was approved by the cabinet and was for 
legitimate trade promotion expenses. At year's end, the German citizen 
was imprisoned in a foreign country on fraud charges.
    In the aftermath of Hurricane Ivan, government and opposition 
politicians criticized each other for attempting to politicize the 
distribution of relief supplies.
    There was no law providing for public access to government 
information; however, citizens may request access to any information 
that is not deemed classified.
    There were 4 women in the 15-seat Parliament; there were 4 women 
among the 12 appointed senators. There were six female ministers of 
government. Women filled 8 of the 13 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
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
    The Truth and Reconciliation Commission, launched in 2001 to 
investigate the period between the mid-1970s and the late 1980s, had 
still not presented its final report to the Government. There was 
public perception that the report never would be issued. The report was 
due to have been delivered in June. The Government did not react to 
AI's 2003 claim that the trial and sentencing of the 17 convicted 
leaders of the 1983 Revolutionary Government was flawed.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, place of 
origin, political opinion, color, creed, or sex, and the Government 
generally enforced these provisions.

    Women.--Women's rights monitors believed that violence against 
women remained a serious problem. The law prohibits domestic violence 
and provides for penalties at the discretion of the presiding judge 
based on the severity of the offense. In practice, the court enforced 
the law.
    In September, RSS personnel reportedly traded hurricane relief 
supplies for sexual favors with women. The police confirmed receiving 
credible reports that such incidents occurred, including from the 
Grenada National Organization of Women.
    The law prohibits rape and 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. A shelter accommodating approximately 20 battered and 
abused women and their children operated in the northern part of the 
island, staffed by medical and psychological counseling personnel.
    Prostitution is illegal.
    The law prohibits sexual harassment; there were no reported cases 
during the year.
    Women generally enjoyed the same rights as men, and 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. There were a number of active community based and political 
women's groups, such as the Grenada National Organization of Women.

    Children.--The Government was committed to children's rights and 
welfare. 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 was compulsory, free, and universal until the age of 16.
    Boys and girls had equal access to medical care.
    Government social service agencies reported a decrease in the 
number of reported child abuse cases, including sexual abuse. Abused 
children were placed either in a government-run home or in private 
foster homes. The Criminal Code suggests penalties ranging from 5 to 15 
years' imprisonment for those convicted of child abuse and disallows 
the victim's alleged ``consent'' as a defense in cases of incest.

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

    Persons With Disabilities.--The law does not protect job seekers 
with disabilities from discrimination in employment. The law does not 
mandate access to public buildings or services.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join independent labor unions. Although employers are not legally 
obliged to recognize a union formed by their employees, they generally 
did so in practice. Labor Ministry officials estimated that 45 percent 
of the work force was unionized.
    All major unions belonged to one umbrella labor federation, the 
Grenada Trades Union Council, which was subsidized by the Government.

    b. The Right to Organize and Bargain Collectively.--Workers 
exercised the legal right 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. There are 
no export processing zones.
    The law provides workers with the right to strike, and workers 
exercised this right in practice.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, and there 
were no reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor is illegal; however, children sometimes worked in the 
agricultural sector on family estates. 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 in the informal sector remained a problem.

    e. Acceptable Conditions of Work.--There is a tripartite Wages 
Advisory Committee, composed of union, business, and government 
representatives. The Labor Ministry prescribes minimum wages, which 
last were updated in 2002. 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 
(EC$400) monthly. The minimum wage did not 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 provides for a 40-hour maximum workweek. The law 
does not prescribe a standard workweek; however, public sector workers 
are 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 law requires a premium for work above the 
standard workweek.
    The Government sets health and safety standards, but the 
authorities enforced them unevenly. Workers have the right to remove 
themselves from dangerous workplace situations without jeopardy to 
continued employment.

                               __________

                               GUATEMALA

    Guatemala is a democratic republic with separation of powers and a 
centralized national administration. The Constitution provides for 
universal suffrage to elect a one-term president and a unicameral 
congress. Elections for president, considered by international 
observers to be free and fair, were held in 2003, and Oscar Berger of 
the three-party coalition Grand National Alliance (GANA) won a 4-year 
term, which started in January. The judiciary is independent; however, 
it suffered from inefficiency, corruption, and intimidation.
    The Minister of Government (Interior) oversees the National 
Civilian Police (PNC), which has primary responsibility for internal 
security. There are no active members of the military in the police 
command structure; however, the Government occasionally tasked the army 
with providing personnel to support the police. The law subordinates 
army personnel to police control during joint patrols or operations. 
The military is responsible for external security, and the Constitution 
requires that the Minister of Defense be a military officer. The 
influence of organized crime remained pervasive but waned considerably 
within the executive branch. Some members of the security forces 
committed human rights abuses. The civilian authorities generally 
maintained effective control of the security forces.
    The economy is market-based, and the population is approximately 
12.1 million. Apparel, nontraditional agricultural exports, and tourism 
grew rapidly, earning more than traditional exports of coffee, sugar, 
and bananas. Remittances from citizens abroad, approximately $2.5 
billion, constituted the largest source of foreign exchange, and more 
than 30 percent of the population depended on remittances to raise the 
family income above the poverty line. Foreign aid also was significant. 
The economic growth rate was approximately 2.5 percent. More than 50 
percent of the work force and 60 percent of the poor were engaged in 
some form of agriculture. Inflation was about 9.3 percent. Land 
distribution was highly skewed: 1 percent of farms contained more than 
one-third of all cultivated land. There was a marked disparity in 
income distribution, and poverty was pervasive, particularly in the 
large indigenous community. Approximately 57 percent of the total 
population and 71 percent of persons in rural areas lived in poverty; 
22 percent of the population lived in extreme poverty. Combined 
unemployment and underemployment reached an estimated 18 percent, and 
70 percent of the population was employed in the informal sector.
    The Government generally respected the human rights of its 
citizens; however, very serious problems remained in some areas. There 
were credible reports of unlawful killings by security forces. There 
were no substantiated reports of politically motivated killings. The 
U.N. reported that ``social cleansing'' continued. The number of 
reported lynchings remained approximately the same as the previous 
year. On January 19, the Supreme Court reinstated the 30-year sentence 
of Colonel Juan Valencia Osorio for the 1990 murder of anthropologist 
Myrna Mack Chang, which had been previously overturned by an Appeals 
Court in 2003.
    There were credible reports of individual police officers' 
involvement in kidnappings for ransom. Security forces tortured, 
abused, and mistreated suspects and detainees. Prison conditions 
remained harsh. In most cases, the prosecutorial and judicial systems 
did not ensure full and timely investigations, fair trials, or due 
process. Arbitrary arrest and lengthy pretrial detentions were 
problems. Judges and other law enforcement officials were subjected to 
intimidation and corruption. Impunity was pervasive, although efforts 
to reform the judiciary continued. Members of the media were targets of 
attacks and intimidation. The number of attacks on members and 
employees of nongovernmental organizations (NGOs) and human rights 
workers by unidentified persons decreased slightly during the year, 
although one organization received a significant threat. Violence 
increased, and discrimination against women persisted, as did societal 
abuse of children and discrimination against persons with disabilities 
and indigenous people. Trafficking in persons was a problem. There were 
reports of retaliation by employers against workers who sought to form 
unions and participate in union activities, and the Government did not 
enforce consistently laws to protect workers who exercised their 
rights. There was widespread employment of minors in the informal 
sector.
    During a February 25 ceremony for the National Day for the Dignity 
of Victims of Violence, President Oscar Berger ``re-launched'' the 1996 
Peace Accords as a national agenda and symbolically apologized to the 
citizens on behalf of the State for human rights violations committed 
during the 36-year civil conflict.
    In June, the Berger Administration reduced the size of the military 
from an authorized strength of 27,214 to 15,500 personnel, eliminated 7 
major military commands and units, and reduced the military budget to 
0.33 percent of Gross Domestic Product (GDP), far below the ceiling 
required by the 1996 Peace Accords. In August, the military made public 
a new doctrine, a core part of which addresses the importance of 
protecting and promoting 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.--There were no 
politically motivated killings by the Government or its agents; 
however, security forces committed a number of unlawful killings. The 
Government arrested and prosecuted some of those responsible; however, 
as in 97 percent of all homicide cases nationwide, the weak 
investigative, enforcement, and 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.). The U. N. Mission in Guatemala (MINUGUA) reported several 
cases in which military and police officials were responsible for 
killings, usually for criminal motives. During the year, the PNC Office 
of Professional Responsibility (ORP) investigated 51 reports of police 
involvement in killings.
    In December 2003, two military personnel, Marvin Juan Luis and 
Floridalma Paz Gallardo, acting on orders from Colonel Luis Carvajal, 
former head of the Army's protocol office, shot and killed his wife 
Ingrid Lima de Carvajal. All three were in prison awaiting trial at 
year's end. Other members of the military allegedly threatened the 
victim's mother and sister if they acted as co-plaintiffs in the case. 
There were other reports of military or police involvement in unlawful 
killings.
    On January 26, David Ixcol Escobar, a former gang member, 
complained to the press that two police cars had blocked him, and 
several officers had threatened his life. The next day, he and a friend 
were found shot to death. The following day, a witness to the killing 
was shot multiple times and killed. The Public Ministry created a case 
file regarding the threats against Escobar; however, neither it nor the 
ORP had any record of an investigation into the killings.
    On July 22, unknown individuals shot and killed Jesus Mendoza, a 
cousin of Otoniel de la Roca Mendoza (a witness in the 2000 Inter-
American Court of Human Rights (IACHR) case on the 1992 disappearance 
of guerilla leader Efrain Bamaca Velasquez). Some human rights leaders 
alleged that the killing was related to De la Roca's 2000 testimony 
before the IACHR. By year's end, the authorities had not arrested 
anyone for the killing.
    On August 31, members of the PNC entered the Nueva Linda plantation 
in Champerico, Retalhuleu to execute a court order to evict over 1,000 
peasants who illegally occupied the land. In the ensuing conflict, 3 
police and 7 workers were killed and more than 20 were injured, 
including 1 police officer who subsequently died from his wounds (see 
Section 1.c.).
    The Special Unit for Human Rights charged two persons for the July 
2003 killing of Josue Israel Lopez, Auxiliary Human Rights Ombudsman 
for Chimaltenango Province. Both were in prison awaiting trial at 
year's end.
    On October 6, the Quiche Penal Court convicted and sentenced Miguel 
Xon Morales to 15 years in prison for the April 2003 killing of his 
cousin, human rights activist and Mayan priest Diego Xon Salazar.
    In September, the case of the May 2003 killing of Mayan priest 
Gerardo Cano Manuel was closed after the only witness was killed.
    There were no developments and none were expected in the following 
cases: The 2002 shootout between members of the Criminal Investigative 
Service (SIC) of the PNC and military intelligence personnel; the 2002 
alleged police killing of Rudy Castillo and Erick Garcia in Sumpango, 
Sacatepequez, or the 2002 killing of William Ruano Mayen.
    Most cases of political killings from past years remained 
unresolved in national courts, such as those of former presidential 
candidate Jorge Carpio in 1993 and, in 2001, of Luis Garcia, a witness 
in the 1998 Gerardi case. There was some progress in cases of past 
extrajudicial killings by members of the security forces; however, in 
many other cases, there was little or no progress.
    On January 19, the Supreme Court reinstated the 30-year sentence 
against Colonel Juan Valencia Osorio for the 1990 killing of 
anthropologist Myrna Mack Chang. However, on January 22, Valencia 
Osorio escaped from police custody while under house arrest pending the 
reinstatement of his sentence. Military officers allegedly aided with 
the disappearance, and Valencia remained a fugitive at year's end. On 
April 22, President Berger made a formal apology to the Mack family. 
The Government had not allocated funds to pay the $779,000 (6.2 million 
quetzals) reparations to the Mack family ordered by the IACHR by year's 
end.
    On April 19, the Government held a ceremony to honor Jose Merida 
Escobar, the primary investigator in the Mack case, who was killed in 
2001 after presenting evidence against Noel de Jesus Beteta.
    During the year, prosecutors in the 1998 murder of Bishop Juan 
Gerardi, the Coordinator of the Archbishop's Office on Human Rights 
(ODHAG), investigated 10 or more suspects thought to be involved in the 
killing, while awaiting a decision on an appeal filed with the Third 
Appeals Court in January that requested that the Fourth Penal Court be 
recused from hearing the case. The appeal became moot when the members 
of the Penal Court were replaced after the October election of a new 
Supreme Court.
    According to MINUGUA, in 90 percent of the over 600 massacres 
committed during the 36-year civil conflict, the Government never 
investigated or prosecuted anyone. However, there was progress on three 
cases during the year.
    In April, during an IACHR hearing, the Government accepted 
responsibility for the 1982 massacre in Plan de Sanchez, Baja Verapaz, 
in which the army and armed paramilitary groups (PACs) allegedly killed 
268 people. The Court ruled against the Government and ordered it to 
pay $8 million (64 million quetzals) in reparations to the survivors.
    On July 9, the Coban Sentencing Trial sentenced 14 military 
personnel, 1 lieutenant and 13 enlisted troops, to 40 years in prison 
each for the murder of 11 and injury to 35 civilians during the 1995 
Xaman massacre.
    The trial of six former PACs for their suspected participation in 
the 1982 Rio Negro massacre in Rabinal, Baja Verapaz was scheduled to 
begin in October (see Section 1.e.); however, it was delayed until 
early 2005 due to minor procedural errors. At year's end, police 
continued to search for former Army Captain Jose Solares Gonzalez for 
his alleged participation in the massacre.
    The case of the 1982 military massacre of 250 civilians at Dos 
Erres, Peten, remained stalled in court by 36 motions of appeal by the 
defense.
    Unlike 2003, exhumations of secret mass graves continued throughout 
the year without major threats. Forensic scientists have exhumed more 
than 2,857 remains from more than 321 sites since exhumations began in 
1992. During the year, forensic scientists exhumed 433 remains from 71 
different sites. Exhumation teams have increased their productivity 
tenfold since commencing operations in 1992 but noted that demand for 
exhumations increased in recent years, and the work could continue for 
several decades. Most of the bodies recovered were those of civilian 
victims of military or paramilitary killings in the early 1980s. 
Forensics groups used the information obtained from the exhumations to 
verify eyewitness reports of massacres--of which the Commission for 
Historical Clarification recorded 669--and to assign responsibility. 
Forensic research and DNA testing identified some of the remains and 
were used in some criminal cases.
    On April 21, Spanish judge Baltazar Garzon submitted a request to 
the Government to have a judge depose retired General and former de-
facto president Efrain Rios Montt, retired General Benedicto Lucas 
Garcia, retired General and former president Fernando Romeo Lucas 
Garcia, retired General Angel Anibal Guevara, and five others about the 
deaths in the 1980 takeover of the Spanish Embassy and the 
disappearance of four Spanish priests during the early 1980s. On 
December 1, the Supreme Court named criminal court Judge Saul Alvarez 
to the case. On December 13, a Mexican court issued an arrest warrant 
at the request of the Spanish government for former Minister of 
Government Donaldo Alvarez Ruiz, who has been living in Mexico since 
General Lucas Garcia left power in 1982.
    Following an April 2003 first payment to the ex-PACs, in September 
the Congress approved a series of three additional payments. The 
Congress agreed to pay each former PAC member approximately $665 (5,241 
quetzals) by the end of 2006. Civil society and international human 
rights observers protested the indemnification, noting that former PACs 
were implicated in human rights abuses committed during the internal 
armed conflict and that the payments would further detract from other 
spending priorities. On November 2, former PAC members protested the 
lack of payment by closing highways, airports, seaports, and other 
transportation infrastructure. On November 24, the Public Ministry 
issued arrest warrants for 15 persons implicated in organizing the 
protests and restricting public movement. Several human rights 
organizations submitted a joint injunction to the Constitutional Court, 
questioning the legality of the payments. On December 8, the 
Constitutional Court issued a second provisional ruling (the first was 
September 21) that suspended the payments. The Court's final decision 
was pending at year's end. PAC leaders publicly threatened the human 
rights organizations for their opposition. In response to the threats, 
the Government provided police protection to the organizations.
    On July 6, President Berger formally installed Rosalina Tuyuc, head 
of National Coordinator of Widows (CONAVIGUA) (which represents widows 
and orphans from the civil conflict), as President of the National 
Reparations Commission. The Commission also included seven members of 
civil society and numerous government agencies. Berger presented Tuyuc 
with a check for $3.75 million (30 million quetzals) the first payment 
of up to $37.5 million (300 million quetzals), that the Government 
committed to distributing annually to victims of the civil conflict 
over a 13-year period maximum of $487 million (3.9 billion quetzals) 
total). MINUGUA issued a report during the year that identified the 
Government's continued support for appropriate financing of reparations 
as an important indicator of its commitment to human rights.
    In some cases reported in 2003, evidence was not sufficient to 
conclude whether the killing was politically motivated. In October 
2003, two persons shot and killed National Unity of Hope (UNE) party 
member Miguel Salvador Aguilar while attending a political meeting at 
the UNE headquarters in Jalapa. Two suspects were arrested and 
convicted; however, the convictions were overturned on appeals. On 
October 15, the Second Penal Court found former FRG mayor of San 
Cristobal Verapaz Hugo Cal Cojoc guilty for the May 2003 murder of 
Unionista party member Byron Vladimir Jom Cal. Cojoc was sentenced to 
15 years in prison.
    There was no progress and none was expected in the 2002 killing of 
Jorge Rosal, a regional leader of the Patriot Party.
    On June 24, a court sentenced Ever Lopez Gomez and Billy Rene 
Barrios, to 9 and 29 years' imprisonment, respectively, for the 2002 
killing of Menchu Foundation accountant Guillermo Ovalle (see Section 
4).
    In August, the U.N. reported that acts of ``social cleansing'' 
continued to occur. Violence against street children decreased 
significantly (see Section 5). There were multiple reports of women 
tortured, disappeared, and killed (see Section 5).
    The PDH reported that during the year, there were 17 attempted 
lynchings, in which 5 victims died and 12 were injured, compared with 
18 such attempts resulting in 14 deaths in all of 2003. The majority 
took place in heavily indigenous, rural areas where the justice system 
was least accessible. Human rights activists attributed the decrease in 
lynchings in 2003-04 (down from an average of 147 a year from 2000-02) 
to the intervention of individuals or government officials who had 
received training on the rule of law.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, there were credible allegations of police 
involvement in kidnappings for ransom. During the year, the ORP 
investigated 11 police officers for involvement in kidnappings. One 
officer was found guilty and dismissed. Criminal charges were pending 
against him at year's end. The investigations of other officers were 
ongoing at year's end. The Organized Crime Unit of the Prosecutor's 
Office reported that PNC elements were involved in 11 kidnapping cases, 
at times in cooperation with large criminal organizations.
    On May 4, PNC officers arrested former police official Rudy Arnulfo 
Giron Lima on charges of involvement with kidnapping the nephew of 
Lizardo Sosa, President of the Bank of Guatemala. The ORP also 
investigated six other officers in connection with the case. Giron Lima 
was still under investigation at year's end (see Section 5).
    There were no developments, and none were expected, in the 2002 
illegal detention by DOAN agents and subsequent disappearance of 
Humberto Orellana Sis.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; 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 police operations and harassment or 
arbitrary imprisonment of commercial sex workers, suspected gang 
members, and others targeted during extortion schemes. There were 
credible reports of SIC detectives torturing and beating detainees 
during interrogation to obtain confessions. During the year, the PNC's 
ORP investigated 2,088 cases of police misconduct. The PNC dismissed 
506 officers for misconduct. However, the Attorney General's office, or 
Public Ministry, rarely has prosecuted fired officers for criminal 
misconduct.
    There were credible reports that PNC officials or persons disguised 
as police officers stopped cars and buses to demand bribes or steal 
private property. In some cases, the supposed police officers assaulted 
and raped victims.
    On January 31, 8 agents of Station 12 in Guatemala City threatened, 
robbed, and violently beat Sergio Vasquez Hernandez. The ORP's internal 
investigation found the commander of the Station and three agents 
responsible for the theft and assault. At year's end, one agent had 
been convicted and sentenced to 12 years in prison; however, there was 
insufficient evidence to charge the others involved.
    Four men claimed that on March 6, two police officers from Station 
16 illegally detained and mistreated them after they refused to pay 
extortion money to the officers. The ORP conducted an internal 
investigation; however, it found no evidence to substantiate the 
allegations. The police allegedly involved were promoted and 
transferred
    On March 8, three police officers in Station 12 detained and beat 
Mynor Alvarado de Leon, a human rights defender from the Center for 
Legal Action on Human Rights (CALDH). According to MINUGUA, Alvarado de 
Leon was accused of murder and remained in prison for almost 5 months, 
although ballistic evidence and other proof demonstrated his innocence. 
The agents involved have not been investigated. In October, CALDH 
presented a report to the Inter-American Human Rights Commission on 
Alvarado's case and human rights violations in the national prison 
system.
    Though the Public Ministry investigated some cases of police 
involvement in assaults, they did not receive any reports of and 
therefore did not investigate specific cases of police involvement in 
torture.
    Casa Alianza reported that the number of incidents of killing and 
abuse of street children had decreased during the year (see Sections 
1.a. and 5).
    From January to June 8, the Government carried out 30 court orders 
for forced evictions of plantations that were illegally occupied. 
During at least 12 of these evictions, there were credible reports that 
police used excessive force, including hitting civilians, burning homes 
and crops, and killing animals. Seventy-six percent of the evictions 
were conducted in Alta and Baja Verapaz, heavily agricultural areas. In 
45 percent of the evictions, civilians cited labor conflicts as the 
reasons for their illegal invasions of the farms. Private security 
forces, working for plantation owners, also participated illegally in 
several evictions. On June 8, thousands of peasants conducted a 
nationwide protest against the country's land distribution and violent 
evictions. The Government agreed to suspend all evictions for 90 days, 
pending an in-depth analysis of existing land disputes and invasions. 
By year's end, none of the existing 89 cases of land invasions pending 
eviction had been resolved, though the Maria Lourdes conflict was in 
negotiation. The National Commission for Land Conflicts had resolved 
121 land conflicts, 22 of which involved invasions, by year's end.
    On August 31, members of the PNC entered the Nueva Linda plantation 
in Champerico, Retalhuleu, to execute a court order to evict over 1,000 
peasants who illegally occupied the land. The peasants had invaded the 
plantation in October 2003 to protest the lack of investigation into 
the September 2003 disappearance and suspected killing of their 
supervisor, Hector Reyes Perez, the farm's administrator. An attempt at 
mediation by civilian and police officials ended when members of the 
peasant group opened fire on the police. In the ensuing conflict, 3 
police and 7 workers were killed and more than 20 were injured, 
including 1 police officer who subsequently died from his wounds. 
During the eviction, police officers attacked some journalists covering 
the event (see Section 2.a.).
    Journalists claimed to have witnessed the police commit at least 
three unlawful killings during the eviction. Following Nueva Linda, the 
Congressional Human Rights Committee, the Human Rights Ombudsman's 
office, and the Office of Professional Responsibility of the National 
Police all conducted investigations and issued reports on the 
operation. In its report, the Human Rights Committee stated that it 
could neither confirm nor deny accusations of unlawful killings, 
because the forensic specialist was not able to determine the causes of 
death of the peasants killed. The Committee faulted all persons 
involved in the incident: The Public Ministry, or Attorney General's 
office, for failing to investigate the administrator's disappearance; 
the PNC, for their poor preparation for the eviction; the peasant 
leaders, for exacerbating the conflict for personal motivations; and 
the Governor of Retalhuleu, Carlos Quintana Saravia, for favoritism 
toward landowners and abuse of power.
    Prison conditions remained harsh. The prison system continued to 
suffer from a severe lack of resources, particularly in the areas of 
prison security and medical facilities. According to the registry 
maintained by the prison system, there were 8,698 persons being held at 
40 prisons and jails designed to hold 6,974. Eighteen of the 40 centers 
were national prisons, which accommodated 7,854 of the total convicts 
and detainees; the other 22 were pretrial centers run by the PNC. 
Approximately 60 percent of the national penitentiary system population 
was held in pretrial detention. The average guard-to-prisoner ratio was 
1 to 18.
    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.
    Media reported that prison authorities kept 1 prisoner in a 45 
square-feet cage for 18 months. The prisoner was kept without a bed and 
only allowed out once a day. Following a visit by an Organization of 
American States (OAS) Rapporteur to the prison system, the prisoner was 
released into a larger room, but remained in isolation.
    From January until October 1, the Penitentiary System reported 2 
deaths due to unnatural causes and 11 due to natural causes (including 
AIDS, chronic hepatitis, and tuberculosis).
    The 442 female prisoners in the penal system were held in 
facilities separate from men; however, the conditions were equally 
poor. Some prison facilities allowed the minor children of detainees to 
reside with their mothers, although the children were provided with 
minimal care. Immigration detention facilities did not always hold 
female detainees separate from the male population.
    Juvenile offenders were held separately from adults. The 
Secretariat for Social Welfare runs four Centers for the Treatment and 
Orientation of Minors: One for girls and three for boys. Prison 
officials reported that at least two riots took place in the juvenile 
facilities to protest issues ranging from a change in management to 
demands for improved food quality.
    PNC detention centers were designed to hold only pretrial 
detainees; however, sometimes pretrial detainees were kept in the 
national penitentiaries where they were not always separated from 
convicts. There were sections of national prisons designated to hold 
only individuals convicted of misdemeanors, but those serving sentences 
for minor infractions were held sometimes with those who had committed 
serious offenses. Approximately 22 prisoners being held in pretrial 
detention for high-level corruption cases, primarily former officials 
of the previous administration, were held in separate facilities where 
they had more living space than the average prisoner.
    The Government permitted prison visits by independent human rights 
observers, public defenders, religious groups, and family members, and 
such visits took place throughout the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, there were credible reports of arrests 
without judicial warrants, illegal detentions, and failure to adhere to 
prescribed time limits in legal proceedings. In practice, arresting 
officers failed to satisfy legal requisites, particularly with minors 
and suspected gang members.
    The country is divided into 6 police districts, each subdivided 
into 28 precincts. There are four special units, headed by police 
officers for: Information and intelligence; counter-narcotics; 
investigations; and environmental enforcement. The Director General, 
appointed by the President, leads the PNC. Since its inception, the 
21,400-member PNC has been understaffed, poorly trained, and severely 
underfunded. On July 22, 2,500 PNC officers, gathered from around the 
country at the Police Academy to begin 24-hour patrols with the 
military in dangerous areas of the capital, protested the poor living 
conditions at the Academy (where officers from outside Guatemala City 
were supposed to be housed indefinitely) and alleged poor logistical 
planning for the patrols. During the protests, one officer allegedly 
committed suicide, though some evidence suggested that he was killed.
    Police corruption was a problem, and there were credible 
allegations of involvement by individual police officers in criminal 
activity, including rapes, killings, and kidnappings. Rather than 
prosecute its officers, the PNC often transferred them to a different 
part of the country. Police impunity remained a serious problem.
    Police sometimes threatened commercial sex workers with false drug 
charges to extort money or sexual favors. Police sometimes harassed 
homosexuals or transvestites with similar threats of false charges. 
Suspected gang members sometimes were imprisoned without charges or 
with false drug charges. Detainees were not always promptly informed of 
the charges filed against them.
    Immigration and police officials often subjected persons attempting 
to enter the country illegally to extortion and mistreatment. Many 
observers believed this mistreatment is underreported.
    All PNC members must meet minimum education requirements, pass an 
entrance examination, and undergo screening to detect suspected human 
rights violators and involvement in criminal activities. During the 
year, training for new recruits was extended from 6 to 11 months. The 
Ministry of Interior also increased the monthly allowance for students 
at the police academy, from $62.50 to $100 (500 to 800 quetzals). 
Police training incorporated courses on human rights and professional 
ethics in the curriculum; however, none of the 20,000 officers trained 
since 1997 has received refresher training. The military continued to 
incorporate human rights training into its curriculum and developed 
human rights courses with the Human Rights Ombudsman. Civil Affairs 
Officers at each command were required to plan and document human 
rights training provided to soldiers. A separate human rights office 
within the Office of the Minister of Defense was open to active 
participation by the human rights community.
    There were 21,382 PNC officers or 1 for every 560 persons. Presence 
outside of the capital improved; however, approximately two-thirds of 
those police districts remained understaffed. A 2003 U.N. Development 
Program (UNDP) report calculated that only 5,000 police officers were 
on duty at any given time, country-wide, after accounting for officers 
suspended, on medical leave, on vacation, or on embassy or personal 
protection assignments. The PNC reported that 3,015 of its officers 
were indigenous.
    According to the Ministry of Government, approximately 110,000 
private security guards, of which at least 60,000 were unauthorized, 
worked in the country. According to the Gremial Federation and Security 
Association, approximately half worked for firms that had not completed 
legal requirements and were owned by former soldiers and former 
policemen. On October 9, Minister of Interior Carlos Vielmann suspended 
the authorization of new security companies.
    The PNC ORP performs internal investigations of misconduct by 
police officers. The ORP has a strong corps of investigators and has 
shown considerable improvement in professionalism; however, its 
independence and effectiveness were hampered by the lack of material 
resources and the absence of cooperation from other PNC units. In 
isolated cases, ORP investigators appeared to participate in cover-ups 
of police misconduct. The ORP reported that it received 2,088 
complaints, which included: 51 cases of homicide, 306 cases of abuse of 
authority, 360 thefts, 343 cases of corruption or bribery, 145 threats, 
and 69 illegal detentions. Cases with sufficient evidence to indicate 
that criminal acts were committed were forwarded to the Public Ministry 
for further investigation and prosecution, but cases rarely went to 
trial. Throughout the year, ORP closed 1,062 cases, and its 
investigations resulted in the dismissal of 506 and exoneration of 433 
police officers.
    MINUGUA commended the January establishment of the PNC Disciplinary 
Tribunal as an advance in the control and supervision of police 
activities and professional ethics. By September 1, the Tribunal had 
resolved 19 of 26 serious police abuse cases, applied sanctions to 18 
police officers, and exonerated 19 officers following ORP 
investigations.
    No active members of the military served in the police command 
structure. The Government did employ the military to support the police 
temporarily in response to the rising rates of violent crime. In July, 
Minister of Government Carlos Vielmann ordered joint police and 
military operations in 40 red zones, areas with the highest crime 
rates, in the capital. Human rights organizations noted that the 
Government could do more to strengthen police institutionalism instead 
of deploying military in joint patrols.
    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 were no reliable data on the number of arbitrary detentions, 
although most accounts agree that police forces routinely ignored writs 
of habeas corpus in cases of illegal detention. Police reportedly 
detained street children and suspected gang members to remove them from 
the streets for the 3-month period allowed for imprisonment during 
investigations. Most of these detainees did not have sufficient funds 
to post bail and therefore were forced to remain in prison.
    The law sets a limit of 3 months for pretrial detention; however, 
prisoners often were detained past their legal trial or release dates, 
sometimes for years. During the year, 60 percent of those incarcerated 
were in pretrial detention. 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 to other bureaucratic 
problems.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judicial system often failed to 
provide fair trials due to inefficiency, corruption, insufficient 
personnel and funds, and intimidation of judges, prosecutors, and 
witnesses. MINUGUA's final report noted, ``judicial impunity continues 
being more the norm than the exception.'' The large majority of serious 
crimes still are not minimally investigated or punished. 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. There were 
credible reports of the killing and threatening of witnesses, which 
continued to be a problem (see Sections 1.a. and 1.c.). Less than 3 
percent of crimes committed were prosecuted, and significantly less 
received convictions.
    The Supreme Court continued to seek the suspension of judges and to 
conduct criminal investigations for improprieties or irregularities in 
cases under its jurisdiction. During the year, The Judicial Discipline 
Unit investigated and held hearings for 112 of 535 complaints of 
wrongdoing that it had received, with the result that 65 claims were 
found to be baseless, 17 magistrates received written or verbal 
warnings, 22 judges were suspended, and the remaining cases were still 
under investigation at year's end.
    In its efforts to investigate crimes and prosecute offenders, the 
Public Ministry has been hampered 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 between the PNC and the Public 
Ministry led to rivalries between these organizations, as well as the 
duplication of investigative efforts. Only an estimated 3 percent of 
approximately 250,000 complaints filed with the Public Ministry 
annually were prosecuted. The Public Ministry's budget for the year was 
$57 million (458 million quetzals), which amounted to a 22 percent 
increase from 2003, though Attorney General Juan Luis Florido stated 
the amount was still insufficient.
    On February 24, President Berger dismissed Attorney General Carlos 
De Leon for poor performance. Many human rights leaders applauded the 
removal of De Leon, who had been suspected of corruption, but have 
continuing concerns about the weak justice system. Under new Attorney 
General Juan Luis Florido the Public Ministry opened a series of 
investigations into corruption schemes involving government civilian 
and military officials from the previous Administration.
    The government's Public Ministry and the Judiciary continued 
efforts to reform the judicial system. Twenty 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, provided 
efficient public service. Clerk of Court offices streamlined case 
processing, increased transparency, improved customer service, and 
virtually eliminated corruption in local case management. An analogous 
system was inaugurated in Guatemala City in the Prosecutor's Office 
Case Intake Unit. At the Prosecutor's Office Victim's Unit in the 
capital, doctors and nurses were on call 24 hours a day to assist rape 
and other crime victims and to gather evidence for their cases (see 
Section 5). Similar units operated in every department of the country.
    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, which reviews legislation and 
court decisions for compatibility with the Constitution, 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 elections were held in 
October.
    Judges and prosecutors continued to receive threats designed to 
influence pending decisions or to punish past decisions. Death threats 
and intimidation of the judiciary were common in cases involving human 
rights violations. Witnesses often were too intimidated to testify. 
Plaintiffs, witnesses, prosecutors, and jurists involved in high-
profile cases against members of the military or police reported 
threats, intimidation, and surveillance. Those involved in government 
corruption cases also were targeted.
    Some judges were denied private health and life insurance because 
their jobs were too dangerous. Between January and August, the Public 
Ministry had approximately 50 persons in its witness protection 
program. By October, the Special Prosecutor for Crimes against Judicial 
Personnel had investigated 80 cases, compared with 114 in 2003, but 
lacked the personnel and resources necessary to carry out his mission. 
From January to October, four justice workers, including two judges, 
were killed, another six were victims of attempted killing, and two 
were seriously injured by firearms.
    In July, witnesses to the 1982 Plan de Sanchez massacre who had 
testified before the IACHR, began to receive death threats (see Section 
4.).
    Witnesses to the 1982 Rio Negro massacre and lawyers on the case 
received numerous threats in the months leading up to the October 19 
opening of the trial for six former PACs (three were convicted in 1998 
(see Section 1.a.).
    Throughout the summer and fall, the Special Prosecutor for Human 
Rights' office indicted 20 persons for inciting the July 2003 Black 
Thursday riots in support of former General Efrain Rios Montt's 
presidential candidacy. Journalist Hector Ramirez died of a heart 
attack during the riots. Rios Montt, Secretary General of the FRG, 
remained under house arrest for his suspected role in the riots. In 
addition, the Supreme Court said that it would determine whether to 
strip immunity from four congressional representatives and two mayors. 
Many witnesses refused to testify out of fear of reprisal (see Section 
4).
    On March 11, a former Special Prosecutor for Human Rights was 
followed and stopped by two individuals, who identified themselves as 
members of the military and threatened her in relation to the 
investigation of Black Thursday.
    The Law on Judicial Careers regulates the income, terms of office, 
promotion, training, disciplining, and other activities of judges and 
magistrates and mandates a 6-month training course for all newly 
appointed judges. The Judicial Career Council reviews performance 
evaluations of judges and complaints against persons in the judicial 
system. The Council is responsible for selecting judges as well as 
disciplining them in accordance with the law's criteria for sanctions.
    On July 22, Jesus Mendoza, cousin of Bamaca case witness Otoniel de 
la Roca Mendoza, was shot and killed (see Section 1.a.).
    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 provides for oral trials; however, only those attorneys 
who have graduated since 1994 have had any real training in oral 
trials. The Code also provides for language interpretation for those 
who require it; however, this provision was honored rarely due to 
budgetary and other constraints (see Section 5). The Public Ministry, 
which is semi-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 led to excessively long pretrial 
detention (see Section 1.d.). Courts showed little willingness to 
exercise discretion in dismissing apparently frivolous or patently 
invalid motions. As a consequence, parties used such motions as 
delaying tactics, frequently holding up trials for months or even 
years.
    The Supreme Court's budget for the year was $106 million (852 
million quetzals), which was a 9.1 percent increase from 2003.
    There were no political prisoners. On August 19, a court acquitted 
of all charges of involvement in a Social Security Institute 
embezzlement scandal union leader Rigoberto Duenas, who had been 
imprisoned for more than 14 months. Several former government 
officials, imprisoned on corruption charges, including former Vice-
President Reyes Lopez and former Minister of Finance Weymann, claimed 
that the charges against them were politically motivated.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, 
there were reports that the authorities sometimes disregarded these 
prohibitions. There were unsubstantiated claims that some military and 
former military personnel continued to monitor private communications. 
Former members of security forces were suspected of participating in a 
number of illegal entries into the homes of human rights defenders 
during the year. The Public Ministry investigated a number of these 
cases but failed to identify suspects for prosecution.
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 
these rights in practice; however, there were credible reports that 
members of the media were targets of attacks, threats, and intimidation 
from unidentified persons. The Human Rights Ombudsman reported 40 
reports of intimidation against journalists through October, compared 
with 90 during 2003.
    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 and its policies. The 
press criticized the military and other powerful sectors and also 
regularly published stories on reputed drug traffickers, official 
corruption, and clandestine intelligence networks.
    During the August 31 land eviction of Nueva Linda, police beat at 
least three journalists from Nuevo Diario and Xcable and confiscated 
media equipment (see Sections 1.a., 1.c., and 4).
    In May, Hector Ramirez and David Hernandez Rubio, sons of 
journalist Hector Ramirez, who suffered a fatal heart attack during the 
July 2003 riots, petitioned the IACHR for personal protection following 
a series of threats against their family (see Sections 1.a. and 4). At 
year's end, the brothers were pressing charges against retired General 
Rios Montt and former government officials for their father's death. On 
May 19, two men attacked and beat Hernandez.
    The Public Ministry charged two suspects with the June 2003 home 
invasion of daily El Periodico publisher Jose Ruben Zamora. The case 
was scheduled to be tried in 2005.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.
    Peaceful demonstrations were common. There were numerous protests 
by a wide variety of groups around the country to demonstrate on a wide 
variety of issues; however, on at least one occasion, the demonstration 
became violent. Police usually acted with restraint; however, there 
were some allegations of unnecessary use of force or, at times, 
inaction.
    On August 13, over 5,000 persons participated in a nationwide 
``March Against Violence,'' organized primarily by the office of the 
Human Rights Ombudsman and the Catholic Church.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. There is no state religion; however, the Constitution 
explicitly recognizes the separate legal status of the Catholic Church.
    The Government did not subsidize religious groups. 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.
    Practitioners of Mayan spirituality were sometimes the victims of 
discrimination and aggression from other religious denominations, 
particularly conservative protestant denominations in rural areas.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The Constitution prohibits forced exile, and the Government did not 
use it. However, self-imposed exile was an occasional response by 
citizens who feel threatened or intimidated.
    The Constitution provides 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, and the Government has 
established a system for providing protection to refugees. In practice, 
the Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage for those 18 years of age and older. Ballots are 
secret. Members of the armed forces and police may not vote.
    In the second-round runoff presidential election in December 2003, 
Oscar Berger of the GANA coalition won a 4-year term with approximately 
54 percent of the vote. In the period leading up to the elections, at 
least 29 candidates for lower offices were killed, and many incidents 
of violence occurred (see Section 1.a.). Despite some minor 
irregularities in the electoral registry, the OAS international 
observation mission categorized the elections as free and fair, with a 
56 percent voter turnout in the first round and 49 percent in the 
runoff.
    Voters elect the 158-member, unicameral Congress every 4 years. 
Deputies are elected both from districts and from a nationwide list, 
the latter providing an element of proportional representation. 
Congress can and does act independently of the Executive.
    On April 22, Congress approved legislation that provides for the 
establishment of a single national identification and voting 
registration document and the establishment of voting centers outside 
of the biggest municipalities to increase indigenous participation.
    The Government pursued prosecutions of numerous members of the 
former administration in relation to corruption and money laundering. 
In May, the authorities arrested Eduardo Weymann, former Minister of 
Finance, for his alleged role in embezzlement of the Tax Administration 
(SAT). On July 14, the authorities arrested former Superintendent of 
the SAT, Marco Tulio Abadio, for embezzlement and money laundering. On 
July 28, the authorities arrested former Vice President Reyes Lopez on 
charges of fraud. At year's end, Oscar Dubon Palma, former Controller 
General, was in prison awaiting trial on fraud charges.
    The military budget, traditionally classified, has been vulnerable 
to embezzlement since there was no public scrutiny of spending. Since 
February, numerous high-ranking military officers, including three 
former Ministers of Defense, have been arrested or investigated for 
misuse of military funds. The Berger administration declassified 80 
percent of the military budget.
    In February, former President Alfonso Portillo fled the country to 
Mexico after allegations were made that he laundered money stolen from 
the defense budget. At year's end, the Government had not charged 
Portillo or requested his extradition from Mexico.
    In general, there were no mechanisms in place to provide access to 
official information; however, on January 6, a judge ordered the 
Ministry of Defense to make available all files from the now-defunct 
Presidential Military Staff (EMP) to the office of the Human Rights 
Ombudsman (see Section 4). The Ombudsman, with assistance from several 
human rights NGOs, copied thousands of EMP documents for future 
analysis to assist in locating children who disappeared during the 
civil conflict and to learn more about the military's operations in 
that time period (see Section 4).
    There were no legal restrictions on the participation of women in 
the political process. Approximately 44 percent of the 5 million 
registered voters were women. In November 2003, voters elected 14 women 
to the 158-member Congress. Women held two seats on the Supreme Court 
and one rotating alternative position on the Constitutional Court. 
There were two female ministers in the cabinet, the Minister for 
Finance and the Minister of Education. There were two female 
presidential secretaries, one for Women's Issues and one for Social 
Welfare. Only 8 of 331 mayors were women.
    The Constitution provides for equal rights for indigenous people, 
who make up approximately 43 percent of the population. Some attained 
high positions as judges and government officials, but indigenous 
people still were underrepresented significantly in politics due to 
limited educational opportunities and pervasive discrimination (see 
Section 5). There was one indigenous member in the Cabinet. One of 12 
presidential secretaries was indigenous. Of 158 members of Congress, 9 
were indigenous. There were 111 indigenous mayors, out of 331. Most 
indigenous mayors were elected in the northern and western departments 
of the country.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were somewhat cooperative and responsive to their views. However, many 
NGOs and human rights workers received threats or were intimidated by 
unidentified persons. Senior government officials met with 
international human rights monitors; however, some government officials 
questioned the credibility of both domestic human rights workers and 
international monitors. While many international human rights 
organizations and their workers did not enjoy formal legal status, they 
continued to operate openly.
    During the year, several U.N. and OAS representatives visited the 
country: The U.N. Special Rapporteur on Violence against Women; the 
U.N. Special Rapporteur on Racism and Discrimination; the OAS Special 
Rapporteur on Guatemala and Violence against Women; the U.N. Special 
Rapporteur on the Right to Food; the OAS Special Rapporteur on Prison 
Conditions; and the OAS Special Rapporteur on Children. During her 
visit, the OAS Special Rapporteur on Guatemala noted that the country 
had made considerable improvement during the year, as evidenced by the 
willingness shown by the authorities to protect and promote human 
rights.
    Human Rights Ombudsman Sergio Morales, elected by Congress in 2002 
for a 5-year term, reports to Congress and monitors the rights provided 
in the Constitution. The Ombudsman's rulings do not have the force of 
law. The budget assigned to the Ombudsman by Congress, unchanged in 
2003 and during the year, was approximately $5 million (40 million 
quetzals). Upon the expiration of the MINUGUA's mandate in December, 
the Human Rights Ombudsman's Office assumed MINUGUA's human rights 
verification function.
    The President's Commission on Human Rights (COPREDEH) is charged 
with formulating and promoting the Government's human rights policy, 
representing the government for past human rights abuse cases before 
the IACHR, and negotiating amicable settlements in those cases before 
the Inter-American Commission on Human Rights. At the beginning of his 
administration, President Berger named human rights leader Frank LaRue 
as the Director of the COPREDEH. With the support of the President, 
COPREDEH accepted responsibility on behalf of the State for all three 
cases that were heard by the IACHR during the year: The 1982 Plan de 
Sanchez massacre (see Sections 1.a. and 1.e.); the 1993 murder of Jorge 
Carpio Nicolle; and the 1981 disappearance and presumed murder of youth 
Marco Molina Theissen. The OAS noted that the country took steps to 
increase cooperation on human rights violation committed by the 
Government in the past. COPREDEH implemented IACHR orders to provide 
police protection to seven human rights activists.
    The number of threats against human rights defenders decreased 
slightly from 2003, threats against justice workers remained 
approximately the same as 2003, and threats against journalists 
decreased by almost half. There were few threats against human rights 
defenders from January until June. In early July, the number of 
intimidations increased dramatically and remained high until October, 
when it fell again. The National Movement for Human Rights, which 
registers and tracks intimidations against human rights workers and 
journalists, reported that there were approximately 122 threats and 
break-ins during the year, in comparison with 125 incidents in 2003. 
MINUGUA's final report noted, ``though human rights defenders work with 
much more liberty than previously, reports of intimidation continue, 
although to less of a degree than during the previous administration.'' 
During the year, the Special Prosecutor's Office for Human Rights 
received 47 new cases. Acts of intimidation included anonymous 
telephoned or written threats, break-ins, and surveillance of 
workplaces, residences, and vehicular movements. Prosecutors, judges, 
and witnesses in various human rights cases, notably in the Black 
Thursday and Plan de Sanchez cases, also reported being the targets of 
various acts of intimidation (see Section 1.e.). Some of the attacks 
showed sophistication and technical expertise. Like most prosecutions, 
the majority of human rights cases remained pending for lengthy periods 
without being investigated or languished in the courts as defense 
attorneys filed numerous motions and appeals to delay trials.
    In February, unknown persons threatened the life of Eloida Mejia 
Samayoa, President and Legal Representative of Asociacion Amigos del 
Lago Izabal (Friends of Lake Izabal), which opposed the reactivation of 
mining activities in Izabal Department. The threats followed the 
February 10 killing of environmental activist Enrique Alcantara in 
Puerto Barrios. The Public Ministry was investigating the threats and 
the death at year's end.
    The Legal Center for Human Rights (CALDH) and the Plan de Sanchez 
community reported approximately 20 incidents of intimidation during 
the year. CALDH, which provides legal support in human rights cases, 
supported the members of the Plan de Sanchez community at April 23 and 
24 IACHR hearings on the 1982 massacre. In March, a CALDH driver was 
carjacked and questioned before being released. On September 7, the 
police captured a suspect for the theft, who remained in prison while 
the Prosecutors requested a police line-up to enable the driver to 
identify his assailant. However, in November, a judge denied the 
request and the Public Ministry planned to release the suspect because 
of insufficient evidence. CALDH requested police protection from the 
IACHR, which was approved and coordinated by COPREDEH. In July, 
intruders twice broke into the home of a CALDH director and, in a 
separate incident, broke into a CALDH office annex in Guatemala City. 
In July and September, several witnesses in the IACHR case reported 
receiving bomb threats and another CALDH employee was carjacked.
    On July 7, Lesbiradas, an organization for the promotion of the 
rights of lesbians, received at least six threatening phone calls. The 
Public Ministry was investigating the case at year's end.
    The Ombudsman received threats throughout the year. On August 9, 
its Auxiliary Office in Coatepeque closed for 3 days after armed men 
threatened its personnel regarding the investigation of the recent 
killing of the mayor of Genova. According to the Ombudsman's 
spokesperson, the threatened individuals received police protection and 
reopened the office on August 12.
    From August to September, ANN Congresswomen Nineth Montenegro, 
President of the Human Rights Committee and former director of the 
Mutual Support Group, received 20 threatening phone calls. Unknown 
individuals broke the windows of her vehicle, broke into her home, 
followed her car, and loitered in front of her home.
    On October 6, the Quiche Penal Court convicted and sentenced Miguel 
Xon Morales (cousin of the victim) to 15 years in prison for the April 
2003 murder of human rights activist and Mayan priest Diego Xon Salazar 
(see Section 1.a.).
    The only witness to the May 2003 killing of Mayan priest Gerardo 
Camo Manuel was unable to identify a suspect, and the case was closed 
in September (see Section 1.a.). There was no progress in the 
investigation of the July 2003 home break-in of Norma Maldonado, an 
activist working with Mama Maquin, a rural indigenous women's group.
    A trial of four former security guards and one other suspect for 
the August 2003 burglary of the Ombudsman's Department of Investigation 
remained pending at year's end.
    In March, the PNC captured Jeronimo Chicoj Saquic, a suspect wanted 
for the September 2003 killing of Eusebio Macario, a community 
organizer and founding member of the Council of Ethnic Communities. The 
Public Ministry theorized that Macario's killing was related to a land 
conflict. On September 28, the Quiche Penal Court absolved the detainee 
because of insufficient evidence. While in prison, he allegedly 
threatened Macario's family.
    On June 24, Ever Lopez Gomez and Billy Rene Barrios were sentenced 
to 9 and 29 years' imprisonment, respectively, for the 2002 killing of 
Menchu Foundation accountant Guillermo Ovalle (see Section 1.a.).
    On March 11, a court acquitted three suspects of the 2002 torture 
and killing of Manuel Garcia de la Cruz, a member of CONAVIGUA.
    On February 25, the National Day for the Dignity of Victims of 
Violence, President Berger publicly announced his support for a 2003 
proposal by the Human Rights Ombudsman to establish a U.N. commission 
(CICIACS) to investigate and prosecute clandestine groups. After two 
Congressional Committees issued recommendations against CICIACS in 
early May, President Berger formally requested that Congress return the 
proposal to the Executive. The President then asked the Constitutional 
Court to review the proposal. On August 31, the Court ruled that 
several of CICIACS's elements, principally the provisions for 
independent investigations and prosecutions by other than designated 
legal authorities, were incompatible with the Constitution. In 
September, President Berger met with U.N. Secretary General Kofi Annan 
to explore possibilities for a CICIACS reconfigured to meet 
Constitutional Court concerns. On November 19, Vice President Stein 
sent a letter to Kofi Annan stating that the Government would fight 
clandestine groups through the Public Ministry and by continuing to 
seek opportunities to implement CICIACS.
    In August, the Attorney General named Betty Gudiel as Special 
Prosecutor for Crimes against Human Rights Defenders. The staff of the 
office was cut by more than half during the year. Despite these 
cutbacks, the office made significant progress on numerous proceedings 
and won several convictions during the year (see Section 1.e.). The 
unit's staff reported receiving support for cases from the Public 
Ministry leadership.
    On December 31, MINUGUA closed its offices after 10 years of 
monitoring implementation of the human rights provisions of the Peace 
Accords. Its final report in August concluded that the country had 
``laid a firmer foundation on which to construct a better future.'' In 
recent years, MINUGUA staff had trained the Ombudsman to take over many 
of its monitoring functions, especially on agrarian and discrimination 
issues.
    At year's end, Congress had not ratified the December 2003 
agreement to establish a local office of the United Nations High 
Commissioner for Human Rights (UNHCHR). The agreement went to Congress 
for ratification in March. Though the Human Rights Committee 
recommended the establishment of the office, the Foreign Relations 
Committee recommended against the project. To overcome Congressional 
objections, the Executive renegotiated the agreement with the UNHCHR in 
December. If ratified, the UNHCHR office would monitor the general 
human rights situation in the country and report annually on its 
activities and make recommendations to the Commission.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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 was unable to enforce these 
provisions, due to inadequate resources, corruption, and a 
dysfunctional judicial system (see Sections 1.c. and 1.e.).

    Women.--Violence against women, including domestic violence, 
remained common among all social classes. There was a significant 
increase in reports of women tortured, disappeared, and killed (see 
Sections l.a. and l.c.). The Law on Domestic Violence provides that the 
Public Ministry, the national police, family courts, legal clinics, and 
the Human Rights Ombudsman's Office may receive complaints of domestic 
violence. However, domestic abuse itself is not punishable by prison 
sentences, and Public Ministry prosecutors noted that the law allowed 
them to charge abusers with assault only if bruises from the abuse 
remained visible for at least 10 days. The law provides for the 
issuance of restraining orders against alleged aggressors, police 
protection for the victims, and the law requires the PNC to intervene 
in violent situations in the home. However, women's groups noted that 
few officers had any training in victim' assistance or working with 
domestic violence. The Program for Prevention and Eradication of 
Intrafamily Violence (PROPREVI), a government program under the First 
Lady's Secretariat of Social Work, reported that it received 
approximately 12 calls a day via its emergency hotline from battered 
women and children.
    The Public Ministry reported receiving almost 10,000 complaints of 
family violence against women and children in Guatemala City during the 
year; only approximately 370 cases went to trial. In accordance with 
the Law on Domestic Violence, 1,364 orders of restraint against 
domestic violence aggressors and police protection for victims were 
issued. Full investigation and prosecution of domestic violence and 
rape cases usually took an average of 1 year, and prosecutors noted 
that half of victims of domestic violence who filed complaints never 
returned to pursue their cases after their initial visit to the Public 
Ministry. The Network for Non-violence Against Women estimated that 90 
percent of incidents went unreported.
    The office of the Ombudsman for Indigenous Women, led by Maria 
Zapeta Mendoza, provided social services for victims of domestic or 
social violence, as well as mediation, conflict resolution, and legal 
services for indigenous women. It also coordinated and promoted action 
by both government institutions and NGOs to prevent violence and 
discrimination against indigenous women; however, it lacked the human 
resources and logistical capacity to perform its functions on a 
national level. The Ombudsman's budget was $221,250 (1.77 million 
quetzals). Like most government agencies, it was forced to reduce 
spending by 20 percent because of fiscal constraints. The office 
handled 440 cases from January until August and 3,159 cases since 2002, 
including labor conflicts and domestic violence.
    Sexual offenses remained a problem. The Prosecutor's Office 
reported receiving 749 cases of rape and sexual assault between January 
and October in Guatemala City. Eighty four of these cases went to 
trial: 68 aggressors were convicted and sentenced to an average of 6 to 
20 years in prison; 11 persons were absolved; and 5 cases were settled 
out of court. Over 3,000 rapes were reported countrywide. The Supreme 
Court received 1,777 rape cases country-wide from January until 
September. UNICEF observed that rape victims sometimes did not report 
the violations for lack of confidence in prosecutions and fear of 
reprisals.
    The Penal Code defines rape and aggravated rape as crimes and 
establishes penalties of 6 to 50 years. The Penal Code does not define 
sexual assault as a crime. Prosecutors from the Special Unit for Crimes 
against Women noted that reports of rapes had increased by 30 percent 
over the past 4 years. Some observers believed that increases in 
reported rapes over the past 5 years did not reflect an increase in the 
number of rapes committed but rather an increased willingness on the 
part of victims to come forward and improved record-keeping of crime 
statistics. Police have little training or investigative capacity for 
investigating or assisting victims of sexual crimes.
    Sexual harassment is not illegal, so there were no accurate 
estimates of incidents. However, human rights and women's organizations 
reported that harassment was widespread, especially in industries in 
which workers are primarily women, such as the maquila sector.
    Prostitution is not illegal; however, procuring and inducing a 
person into prostitution are crimes that can result in either fines or 
imprisonment, with heavier penalties if minors are involved. 
Trafficking in women and minors, primarily for the purpose of 
prostitution, is illegal and was a more broadly recognized problem (see 
Section 5, Trafficking).
    The PNC reported that approximately 527 women were killed during 
the year, compared with 383 in 2003. The percentage of killings of 
women in comparison to total killings rose from 11.5 percent in 2003 to 
12 percent during the year. Some victims were tortured before death, 
and others had their corpses mutilated. In April, then Minister of 
Government Arturo Soto created a PNC taskforce to investigate killings 
of women.
    The Constitution asserts the principle of gender equality; in 
practice, however, women faced job discrimination and were less likely 
to hold management positions. The 2002 National Study on Income and 
Spending showed that indigenous women earned 58 percent of what 
indigenous men earned and nonindigenous women earned 71 percent of what 
non-indigenous men earned. Some women were subjected to pre-employment 
pregnancy tests. Women were employed primarily in low-wage jobs in the 
textile and apparel industries, agriculture, retail businesses, and the 
public sector. More women than men were employed in the informal sector 
of the economy, where pay and benefits generally were lower. Women may 
legally own, manage, and inherit property on an equal basis with men.
    More than 50 percent of urban girls and 81 percent of rural girls 
dropped out before completing high school, and an estimated 70 percent 
of adult women never received formal education. UNICEF's 2003 report 
indicated that the female adult literacy rate was 80 percent that of 
males. Over 10,000 women were enrolled in universities in the pursuit 
of degrees in medicine and law.
    The Secretariat for Women's Affairs advises the President on the 
coordination of policies affecting women and their development.

    Children.--The Constitution charges the Government with protecting 
the physical and mental health, as well as the moral well-being, of 
minors; however, the Government did not devote sufficient resources to 
ensure adequate educational and health services for children. While 
fiscal considerations forced the Government to cut overall spending by 
30 percent, it managed to increase spending on education; health 
spending remained approximately the same. Approximately 2 percent of 
the country's GDP was devoted to education, and less than 1 percent to 
health.
    The Constitution provides for compulsory education for all children 
up to the sixth grade. However, less than half the population has 
received a primary education. According to the Ministry of Education, 
in 2003, only 11 percent of children who registered for primary school 
passed their respective grade. The UNDP's 2003 Human Development Report 
estimated that only 40 percent of children who enter primary school 
finish their third year and only 30 percent are promoted beyond sixth 
grade. Completion rates were even lower in rural and indigenous areas. 
The average education level attained varied widely based on background 
and geographic region. The average non-indigenous child received 5.6 
years (boys received 6 years compared with 5.3 years for girls). 
Indigenous children, who are also more concentrated in rural areas, 
received an average of 2.2 years (boys 2.8 and girls 1.6). The Ministry 
of Education attempted to improve these indicators by granting special 
scholarships to girls and working or orphaned children.
    UNICEF's 2003 Report estimated the under-5 mortality rate at 58 per 
1,000 live births. 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. In 2003, the Ministry 
of Health provided services to 87 percent of children under 15 and 58 
percent of women over 15. According to the UNDP, an estimated 20 
percent of the population did not have access to any type of 
institutional health services. Boys and girls had equal access to 
medical care. In December, the U.N. reported that 24 percent of the 
population suffered from malnutrition, up from 16 percent 10 years 
earlier.
    Child abuse remained a serious problem (see Section 1.c.). The 
Public Ministry reported 798 cases of child abuse during the year. In 
May, the Congressional Committee on Women and Children created a 
Commission for Children and Youth, made up of government and NGO 
representatives, to promote children's issues, in accordance with the 
Child Protection Law of June 2003. 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 provided shelter and assistance to 
children who were victims of abuse; however, these children sometimes 
were placed with other youths who had committed crimes (see Section 
1.c.). Because of overload in the public welfare system, family courts 
also referred 350 abused children to Casa Alianza in 2003-04, and sent 
many children to other NGOs. The Special Prosecutor's Office for Women 
included a unit that investigated only child abuse cases.
    Child prostitution was a problem (see Section 5, Trafficking).
    Child labor was a problem. According to the International Labor 
Organization (ILO), 23 percent of children must work to survive (see 
Section 6.d.).
    The internal conflict left approximately 200,000 orphans. 
Approximately 10,000 children were members of street gangs. Credible 
estimates put the number of street children at 5,000 nationwide, 
approximately 3,000 of them in Guatemala City. Most street children ran 
away from home after being abused. Casa Alianza reported that increased 
gang recruitment decreased the number of street children in the 
capital. During the year, Casa Alianza reported that 173 children were 
killed in Guatemala City from January until August 31, compared with 
585 throughout the country in 2003. Criminals often recruited these 
children into thievery, prostitution, or drug rings.
    The Government and a number of NGOs operated youth centers; 
however, the funds devoted to them were not sufficient to address 
adequately the problem. The Government maintained one shelter each for 
girls and boys in Guatemala City. These shelters provided housing for 
the homeless and incarceration for juvenile offenders.

    Trafficking in Persons.--The law prohibits trafficking in persons 
for purposes of prostitution; however, the government's failure to 
codify prohibitions on broader trafficking issues inhibited law 
enforcement efforts to fight this growing practice.
    The Public Ministry prosecutes traffickers under four sections of 
the Penal Code, three of which carry fines from $187 to $1,875 (1,500 
to 15,000 quetzals) and a fourth which specifically criminalizes 
trafficking for prostitution and imposes punishments from 1 to 3 years 
in prison and a fine of $250 to $625 (2,000 to 5,000 quetzals). Though 
the maximum penalty for trafficking is prison time, magistrates have 
imposed no more than a fine. Throughout the year, the Ministry of 
Foreign Affairs, some members of Congress, and NGOs have lobbied for 
improved legislation with stiffer sanctions. The Ministry of Foreign 
Affairs led an inter-institutional working group on trafficking in 
persons to improve agency coordination and develop new legislative 
proposals to combat the practice; meetings were held at least monthly.
    In February, the Public Ministry formed a special unit within the 
Special Prosecutor's Office for Crimes against Women to investigate 
trafficking cases. The Office conducted 20 bar raids during the year, 
with assistance from the Special PNC Unit for Trafficking in Persons 
and observers from Casa Alianza. They opened 45 cases against 
traffickers, and by year's end, 6 traffickers had been convicted of 
sexual exploitation of minors (a separate offense) and fined $375 to 
$800 (3,000 to 6,000 quetzals). The Public Ministry rescued 16 minor 
victims of trafficking, who were provided shelter by Casa Alianza.
    On March 24, the Government signed an agreement of cooperation with 
Mexico on the protection of minor victims of trafficking and smuggling 
on the Mexican border. Repatriation agreements for minor victims of 
trafficking also exist with El Salvador, Nicaragua, Honduras, Costa 
Rica, and Panama.
    The country is a source, transit, and destination country for 
Guatemalan and other Central American women and children trafficked for 
the purposes of sexual exploitation. One NGO report identified 600 to 
700 minors in centers of prostitution across the country. To a lesser 
extent, there were reports (but no reliable estimates) of forced labor 
trafficking, mainly involving children used in begging rings in 
Guatemala City.
    Trafficking was especially a problem in the capital and in towns 
along the borders with Mexico and El Salvador. Child migrants who 
failed to cross the border into Mexico often remained in the country 
and resorted to or were forced into prostitution. Many women and 
children also were brought into the country from El Salvador, 
Nicaragua, and Honduras by organized rings that forced them into 
prostitution. The primary target population for sexual exploitation was 
minor boys and girls or young women from poor families. The traffickers 
often approached these individuals with promises of economic rewards, 
jobs in cafeterias or beauty parlors, or jobs in other countries. The 
means of promotion included flyers, newspaper advertisements, and 
verbal or personal recommendations. Traffickers also used force, 
coercion, fraud, and deception.
    Brothel owners often were responsible for transporting and 
employing victims of trafficking. Traffickers of persons frequently had 
links to other organized crime, including drug trafficking and migrant 
smuggling.
    There were credible reports of police and immigration service 
involvement and complicity in trafficking of persons. In a 2002 study 
by ECPAT (the local chapter of the NGO End Child Prostitution, Child 
Pornography, and Trafficking of Children for Sexual Purposes), some 
minor victims of trafficking reported that immigration officials took 
bribes from traffickers, gave the victims falsified identification 
papers, and allowed them to cross borders. There were credible reports 
that brothel owners allowed police and migration officials to have sex 
with minor victims without charge. On May 4, police arrested a senior 
police official, Rudy Giron Lima, for his involvement in kidnapping 
(see Section 1.b.). Investigators learned that he co-owned three 
brothels, and underage prostitutes were found at all three.
    The Secretariat for Social Welfare, a government institution, had 
one shelter that housed victims of trafficking and offered social 
casework, job training, and counseling.
    Immigration officials generally deported overage trafficking 
victims but did not treat them like criminals. From February to 
December, Immigration officials deported 468 women, who were found 
during bar raids, back to Honduras, Nicaragua, and El Salvador. Victims 
were not prosecuted and were not required to testify in cases against 
traffickers.
    The Secretariat of Social Welfare provided educational materials on 
child sexual exploitation to the public primary and secondary school 
system. Immigration also launched a campaign at all border crossings to 
educate the public on the risks of trafficking
    The Government released minor trafficking victims rescued in bar 
raids to the custody of Casa Alianza, which provided them with shelter, 
medical treatment, psychological counseling, and job training. A number 
of other NGOs provided similar services and lobbied for legislation, 
protection of victims, and prevention of trafficking.

    Persons With Disabilities.--The Constitution provides that the 
State should protect persons with disabilities. The Law for Protection 
of the Elderly and the Law on Attention to Disabled Persons mandate 
equal access to public facilities, prohibit discrimination based on 
disability, and provide other legal protections. The laws stipulate 
equal opportunity for persons with disabilities in health, education, 
work, recreation, sports, and cultural activities. They also provide 
that all persons with disabilities receive the benefits of labor laws 
and social security and have the right to work. In addition, the laws 
provide for equal educational opportunities, mandatory building access 
codes, and the right to equal pay. However, persons with physical 
disabilities suffered discrimination in education and employment 
practices, and few resources were devoted to combat this problem. 
Persons with disabilities have limited access to health care, 
recreational facilities, and work opportunities. A report by the 
International Disability Rights Monitor noted that the Government 
discriminated against persons with disabilities by not providing 
adequate protection.
    Educational resources for those with special needs were scarce, and 
the majority of the universities were not handicapped accessible. The 
National Hospital for Mental Health, the principal health care provider 
for persons with mental illness, lacked basic supplies, equipment, 
hygienic living conditions, and adequate professional staffing. During 
the year, the Ministry of Education provided services to 4,187 children 
with special needs. Of these, 160 were in mainstream schools, and the 
rest attended 16 special education schools.
    The National Council for the Disabled, composed of representatives 
of relevant government ministries and agencies, met regularly to 
discuss initiatives; however, no resources were devoted to the 
implementation of their recommendations.

    Indigenous People.--The Constitution, recognizing that the country 
is composed of diverse ethnic groups, obliges the Government to 
recognize, respect, and promote the lifestyles, customs, traditions, 
social organization, and manner of dress of indigenous people.
    Indigenous people constitute 43 percent of the population; however, 
they remained largely outside the country's political, economic, 
social, and cultural mainstream. A World Bank study conducted during 
the year stated that 76 percent of the indigenous population lived in 
poverty, in comparison with 41 percent of the non-indigenous 
population. There was no single indicator of indigenous status, but 
there were at least 22 separate Mayan ethnic groups, each with its own 
language. In addition, there was 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, were a separate minority group.
    MINUGUA's final report noted that the number of bilingual teachers 
and judicial workers was increasing gradually, but bilingual classes 
were available still only to 10 percent of school-age indigenous 
children. A number of judicial rulings confirmed the right to practice 
indigenous spirituality and wear typical clothing. The Presidential 
Commission Against Discrimination and Racism, created in 2003 and 
confirmed by the Berger administration, evaluated the state's actions 
and made recommendations to reduce discrimination. The majority of the 
provisions regarding indigenous rights were incomplete in the 2000-04 
timetable for the implementation of the Peace Accords. During the year, 
the Government took some steps to implement programs to include 
bilingual and intercultural components in education; however, few 
concrete changes had taken place at year's end.
    In December 2003, the Congress passed the ``Law of Languages,'' 
which mandated the use of Mayan languages in public sectors like 
health, education, and justice. Also in December 2003, the Government 
gave the Academy for Mayan Languages the frequency for a television 
channel and a large building that was formerly occupied by the 
military. In addition, the Government gave the Academy a 2004 budget of 
$3.1 million (25 million quetzals), a large increase from previous 
years, to aid the strengthening of the use of Mayan languages and their 
use in the public domain. In December, the President and Vice-President 
participated in the official opening of a project to construct a Mayan 
University, that had been mandated in the Peace Accords.
    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.
    The Labor Ministry had a Department of Indigenous People to 
investigate cases of discrimination and promote implementation of 
International Organization of Labor (ILO) Convention 169 on the rights 
of indigenous workers. Although the Department had no separate budget 
and only four employees and, for lack of resources, did not investigate 
any discrimination claims, it acted as a representative for indigenous 
rights. As an example, the office worked to represent local indigenous 
interests in public and private sector discussions of potential open-
pit mines in rural areas.
    Rural indigenous people had limited educational opportunities and 
fewer employment opportunities. For this reason, indigenous men 
constituted a high percentage of the military's ranks. Many indigenous 
people were illiterate, and approximately a third did not speak 
Spanish; more than half of indigenous women were illiterate; and a 
disproportionate number of indigenous girls did not attend school (see 
Section 5, Women and Children). The Government devoted less than 10 
percent of the total budget to bilingual education, and the Ministry of 
Education had yet to implement the recommendations made by the 
Commission on Educational Reform.
    Indigenous people arrested for crimes often were 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; however, reports 
continued that indigenous people did not have equal access to the 
justice system. The Public Ministry concentrated 16 interpreters in 
former conflict areas of the country, and the Public Defender's Office 
employed 9 bilingual public defenders and assigned them to areas where 
they could serve as translators in addition to defending their clients. 
Despite government efforts, there were 63 judges who spoke Mayan 
languages in 561 tribunals around the country. The number of court 
interpreters increased from 22 in 2003 to 62 during the year and the 
Supreme Court reported that the judicial system had 569 employees who 
spoke indigenous languages. Though bilingual judicial personnel were 
assigned often to areas where their second languages were not spoken, 
NGOs noted that the Court had made an effort to improve bilingual 
employee distribution during the year. Only 14 percent of police 
officers were indigenous. Better efforts were made to assign these 
officers to towns where their language skills could be used, and 
approximately 75 percent of them worked in the geographic area of their 
particular linguistic competency.
    Two groups worked to represent indigenous people. A national 
Congress of Mayan People created the National Assembly of 
Representatives of the Mayan People, which selected representatives 
from 16 departments and installed the members in February. The National 
Assembly entered into dialogue with the National Council of Mayan 
Peoples to unify positions on indigenous demands of the Government.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the Labor Code 
provide for freedom of association and the right to form and join trade 
unions; however, in practice, enforcement of the Code remained weak and 
ineffective. All workers have the right to form or join unions, 
including public sector employees, with the exception of members of the 
security forces. Less than 3 percent of the work force was unionized
    Legal recognition of a new industry-wide union requires that the 
membership constitute one-half plus one of the workers in an industry. 
Labor activists considered this requirement a nearly insurmountable 
barrier to the formation of new industry-wide unions.
    The law prohibits retribution for forming unions and for 
participating in trade union activities; in particular, 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. However, enforcement of these provisions was weak. Many 
employers routinely sought to circumvent Labor Code provisions to 
resist unionization or simply ignored both the provisions themselves 
and judicial orders to enforce them. An ineffective legal system and 
inadequate penalties for violations hindered enforcement of the right 
to form unions and participate in trade union activities in the past.
    There were credible reports of retaliation by employers against 
workers who tried to exercise internationally recognized labor rights. 
For example, in June, the Secretariat of Social Welfare fired 22 
individuals the day after they submitted a list of members of a 
fledgling union. Though the Secretariat cited budget constraints and 
poor work as the reason for the dismissals, it hired replacements who 
received the same pay and benefits. A court ordered the reinstatement 
of the workers, but the Secretariat appealed the decision. Judicial 
orders are not binding until appeals are settled, which can take years. 
The Secretariat rehired two of the individuals after they resigned 
their union membership. The case was pending at year's end.
    The most common violation of freedom of association was the 
dismissal of workers for unionizing activity. The Ministry of Labor 
received 2,972 complaints of illegal firings in the first half of the 
year, approximately equal to the number during the same period in 2003. 
Some workers who suffered illegal dismissal took their cases to the 
labor courts and won injunctions ordering reinstatement. The labor 
courts reported issuing 532 such orders from January to September. 
Appeals and re-appeals by the employers, along with legal recourse such 
as re-incorporation as a different entity, often prolonged proceedings. 
Like courts elsewhere in the country, the labor courts often did not 
dismiss apparently frivolous appeals, nor were their decisions 
enforced. According to Labor Ministry officials, the labor courts 
vindicated the majority of workers' claims against employers; however, 
employers complied with the court decisions in only a small number of 
cases and rarely were disciplined for ignoring legally binding court 
orders.
    Employees were reluctant to exercise their right of association for 
fear of reprisal by employers, according to labor leaders and 
advocates. 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 long-standing hostility between the business 
establishment and independent and self-governing labor associations all 
constrained the exercise of worker rights.
    Labor leaders reported death threats and other acts of 
intimidation. A 3-person Special Prosecutor's Office for Crimes Against 
Unionists and Journalists accepted 45 new union-related cases during 
the year, thereby raising its total case load to over 200. Prosecutors 
secured only one conviction, a 10-year prison sentence for a homicide 
that occurred in 2003. Both labor leaders and the Special Prosecutor 
for Union Leaders reported that there were no killings of union leaders 
during the year.
    An active ``solidarismo'' (solidarity) movement claims to have 
approximately 170,000 members in approximately 400 companies. Unions 
may operate legally in workplaces that have solidarity associations, 
and workers have the right to choose between them or to belong to both. 
The Government viewed 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 charged that 
management promoted solidarity associations to avoid the formation of 
trade unions or to compete with existing labor unions. Representatives 
of most organized labor groups criticized these associations for not 
permitting strikes, having inadequate grievance procedures, and for 
displacing genuine, independent trade unions with an employer-dominated 
structure.
    From January until September 10, the Labor Ministry granted legal 
status to 45 new unions. One thousand six hundred fifty-six unions have 
been registered in the country; however, only 379 were active (229 in 
the public sector and 132 in the private sector). These unions 
represented a total membership of more than 56,000, however, many 
unions did not submit their membership lists to the Government. Some 
parties estimated actual union membership to be in excess of 100,000, 
although no official registry exists. Ministry of Labor sources noted 
that the 56,000 number corresponded to 3 percent of the labor force in 
the formal sector. The registered unions were generally independent of 
government and political party domination.
    Despite efforts to restructure and modernize the labor court 
system, the system remained ineffective. There are 28 labor courts: 7 
in the capital and 21 outside it. 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 contributed 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 compounded the weakness of the labor courts.
    The Ministry of Labor continued efforts to improve the labor 
inspection system by increasing the number of positions of labor 
inspectors; supervising and evaluating inspectors' performance; 
computerizing the case filing system; creating a new inspection Unit 
for Maquila workers and Unit for Minors; and hiring three attorneys to 
reopen the Legal Unit in inspections. In July, the Ministry of Labor 
fired approximately 25 percent of its labor inspectors for cause. By 
August, it had hired replacements for most of the dismissed inspectors.
    Workers illegally invaded the Maria Lourdes plantation in Genova 
Costa Cuca, Quetzaltenango in November 2003 to recoup wages they 
claimed were never paid. In June, the farm's administrator and head of 
private security allegedly raped a 15 year-old girl and beat her 13 
year-old brother. Some labor leaders claimed that the attack was an 
attempt to intimidate the workers into leaving voluntarily. Though the 
children reported the attack and identified both men to the Prosecutor 
in Quetzaltenango, no progress had been made in the case.

    b. The Right to Organize and Bargain Collectively.--Workers have 
the right to organize and bargain collectively; however, the small 
number of unionized workers limited the practice of collective 
bargaining. The Labor Code requires that union members must approve a 
collective bargaining agreement by simple majority.
    Twenty five percent of the workers in a factory or business must be 
union members for collective bargaining to take place. 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, 14 collective bargaining agreements were registered from January 
to September, covering nearly 1,400 workers. Most workers, including 
those organized in trade unions, did not have collective contracts 
documenting their wages and working conditions, nor did they have 
individual contracts as required by law. According to the Labor 
Ministry, only 3.3 percent of the workforce had a contract legally 
registered with the ministry. During the year, 137,168 individuals 
filed work contracts with the Ministry of Labor.
    Workers have the right to strike; however, the very low level of 
unionization and procedural hurdles made legal strikes rare. The Labor 
Code requires approval by simple majority of a firm's workers 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 
Labor Code empowers the President and his cabinet to suspend any strike 
deemed ``gravely prejudicial to the country's essential activities and 
public services,'' an authority that the Government rarely used. 
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.
    There were no legal strikes during the year, although teachers, 
farm workers, and labor groups in the formal and informal sectors held 
illegal or unofficial work stoppages.
    There are 52 collective bargaining agreements (covering more than 
14,000 unionized workers and many thousands of non-unionized workers) 
between employers and workers in a variety of sectors. Although public 
sector workplaces dominated the list of collective bargaining 
agreements, agricultural, textile, and other manufacturing sectors were 
also represented.
    Labor laws and regulations apply throughout the country, including 
the few export processing zones (EPZs). Maquilas operated under an EPZ-
like regime, although they were not located in distinctly established 
areas. Unions have had minimal success organizing workers in EPZs and 
in the maquila sector. Only three enterprises in the maquila sector 
have registered unions, two of which have achieved collective 
bargaining agreements. Organizing activities were affected by employer 
intimidation and pressure, according to labor leaders and activists.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
some women and minors were trafficked for the purpose of sexual 
exploitation (see Section 5). There were reports that employers 
sometimes forced workers to work overtime, often without the premium 
pay mandated by law (see Section 6.e.). Forced or compulsory labor by 
children generally did not occur; however, the ILO reported that 
children worked as domestics in private homes without labor law 
protections (see Section 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Constitution bars employment of minors under the age of 14 without 
written permission from the Ministry of Labor. The informal and 
agricultural sectors regularly employed younger children, usually in 
small family enterprises. Economic necessity forced most families to 
have their children work to supplement family income, particularly in 
rural and indigenous communities. According to the ILO, 23 percent of 
minors under age 18 worked during the year, up from 20 percent in 2000. 
The ILO estimated that 507,000 children age 7 to 14 years (20 percent 
of this age group) were engaged in work. The Ministry of Labor 
estimated that in the 7 to 14 age group, almost twice as many boys work 
as girls, and almost twice as many indigenous children work as non-
indigenous. Most minors worked at household chores, in subsistence 
agriculture, in family-run enterprises, and elsewhere in the informal 
economy.
    The law prohibits minors from work in establishments where 
alcoholic beverages are served, from work in unhealthy or dangerous 
conditions, and from night work and extra hours (the legal workday for 
persons younger than 14 is 6 hours; for persons 14 to 17 years of age 
it is 7 hours). A joint ILO/UNICEF/World Bank report found that, 
despite these protections, child laborers worked on average 47 hours 
per week.
    The ILO's International Program on the Elimination of Child Labor 
(IPEC) launched projects to combat child labor in the fireworks 
industry, in the production of gravel, in the growing of coffee and 
broccoli, in domestic service, and in the commercial sex industry. The 
Labor Ministry estimated that approximately 3,000 children were 
employed in the illegal cottage-based fireworks industry; approximately 
10 percent of them in factories, while others, under the age of 14, 
typically worked at home on piecework taken in by their families. 
Accidents occurred regularly in the fireworks industry. According to 
press reports, an average of 30 persons per year, the majority minors, 
suffered burns and amputations from accidents in the fabrication of 
fireworks.
    Laws governing the employment of minors were not enforced 
effectively due to the weakness of the labor inspection and labor court 
systems. The Labor Ministry granted 20 work permits for minors under 
age 14 between January and August 23, compared with 119 in all of 2003. 
Many children under the age of 14 worked without legal permission and 
were vulnerable to exploitation. Their illegal status made them 
ineligible to receive social benefits, social insurance, vacations, or 
severance pay, and they often earned salaries below the minimum wage.
    A 2002 ILO report, based on a National Statistic Institute survey, 
indicated that 38,878 children worked as domestics in private homes. 
Domestic employees are exempt from many labor law protections. In the 
capital, three-quarters of the children worked 13 to 16 hours a day, 
and their average monthly salary was approximately $51 (395 quetzals). 
Many domestic workers suffered psychological mistreatment, including 
sexual abuse.
    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. The 
National Commission for the Elimination of Child Labor developed an 
operational plan to implement the 2000 National Plan to Eradicate Child 
Labor.
    In its 2003 country report, the Inter-American Commission on Human 
Rights noted that, with ILO-IPEC backing, the Government offered 
scholarships and free meals during the year to encourage families to 
send to school children who had formerly worked in the broccoli, 
coffee, gravel, and fireworks industries.

    e. Acceptable Conditions of Work.--The law sets minimum wages. 
Noncompliance with minimum wage provisions in the rural and informal 
sectors was widespread. A 2001 government survey, the most recent 
available, noted that only 60 percent of the working population 
received the minimum wage or more. Advocacy groups, focused on rural 
sector issues, estimated that more than half of workers engaged in day-
long employment in the rural sector did not receive the wages, 
benefits, and social security allocations required by law.
    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 daily minimum wage was $4.86 (38.6 quetzals) in 
agriculture and $4.96 (39.7 quetzals) in commerce. The law requires an 
incentive bonus be added to this minimum wage for all hours worked, 
effectively raising the daily minimum wage to $5.63 (45 quetzals) in 
agriculture and $5.79 (46.3 quetzals) in commerce.
    On June 30, a new minimum wage came into force that provided 
increases of 21 percent for agricultural workers and 16 percent for 
non-agricultural workers.
    The minimum wage did not provide a decent standard of living for a 
worker and family. In its 2003 Human Development Report, the UNDP 
estimated that 57 percent of the population lived below the poverty 
line and 21.5 percent in extreme poverty. The Ministry of Labor 
conducts inspections to monitor compliance with minimum wage 
provisions; however, the Ministry of Labor lacked the resources to 
enforce the minimum wage law adequately.
    The legal workday is 8 hours and the workweek is 48 hours; a 
tradition of longer hours remained in place in certain sectors. These 
limits do not apply to domestic workers. For day shift workers, the 
standard 6-day workweek is 44 hours; for night shift workers, it is 36 
hours; for swing shift workers, it is 42 hours. Time-and-a-half pay is 
required for overtime work. The Labor Code requires a weekly paid rest 
period of at least 24 hours. Trade union leaders and human rights 
groups charged that employers sometimes forced workers to work 
overtime, often without legally-mandated premium pay. Labor inspectors 
reported 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, inhibited 
adequate enforcement of the law.
    Occupational health and safety standards were inadequate and 
enforcement remained weak. During the year, 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 provided training courses for labor 
inspectors in health and safety standards and gave such training 
priority.
    When serious or fatal industrial accidents occurred, the 
authorities often failed to investigate fully or assign responsibility 
for negligence. Employers rarely were sanctioned for failing to provide 
a safe workplace. Legislation requiring companies with more than 50 
employees to provide on-site medical facilities for their workers was 
not enforced; however, most large employers did provide such facilities 
for their employees. The fireworks industry was particularly hazardous 
(see Section 6.b.). Workers have the legal right to remove themselves 
from dangerous work situations without reprisal. However, few workers 
were willing to jeopardize their jobs by complaining about unsafe 
working conditions.
    Human rights and labor organizations alleged that women workers, 
particularly in the domestic and maquila manufacturing sector, suffered 
discrimination and sexual harassment.
    Maquilas, which employed approximately 108,000 persons, the vast 
majority of whom were female, often forced women to reveal whether they 
were pregnant as a condition of employment.

                               __________

                                 GUYANA

    The Co-operative Republic of Guyana has a multiparty political 
system based on proportional representation. Voters indirectly elect 
the President to a 5-year term of office. 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 post-election 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 country's two 
major political parties were based predominantly along ethnic lines, 
with demography favoring the Indo-Guyanese dominated PPP/C. The 
judiciary, although constitutionally independent, was inefficient and 
often appeared subject to the influence of the executive branch.
    The Guyana Defense Force (GDF) is a professional military 
responsible for national defense, internal security, and emergency 
response. The GDF reports directly to the Minister of Defence who is 
the President. The Defense Board, chaired by the President, has 
oversight responsibility for the GDF. The Guyana Police Force (GPF), 
which reports to the Ministry of Home Affairs, has the authority to 
make arrests and is responsible for maintaining law and order 
throughout the country. The civilian authorities maintained effective 
control of the security forces. Some members of the security forces 
allegedly committed human rights abuses.
    The economy was based on a mix of private and state enterprises. 
The 2000 census registered a population of 749,000. Primary 
agricultural and mineral products (rice, sugar, bauxite, gold, fish, 
and timber) dominated the economy. 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 2.5 percent during the year. Inflation 
was low; however, the latest (2001) U.N. Development Program (UNDP) 
living conditions survey showed that 35 percent of the population lived 
in poverty.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Human rights 
groups and the media asserted that 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 
pledges to reform the operations of the police have yet to yield 
definitive results. Prison conditions remained poor, and lengthy 
pretrial detention continued to be a problem. Judicial system 
inefficiencies resulted in long delays in trials. Police infringed on 
citizens' privacy rights. Violence against women and children; 
trafficking in persons; societal discrimination against women, 
indigenous Amerindians, and persons living with HIV/AIDS; incidents of 
discrimination stemming from the racial tensions between Indo-Guyanese 
and Afro-Guyanese; and child labor in the informal sector were all 
problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of political killings; however, human rights groups asserted 
that police continued to commit unlawful killings. In most cases, the 
police shot the victims while attempting to arrest them or while a 
crime was being committed. Although police were seldom prosecuted for 
unlawful killings, the new Commissioner of Police has brought charges 
against officers implicated in such abuses and has instigated greater 
efforts to investigate and hold police officers accountable. The 
Constitution broadly defines justifiable use of lethal force.
    On April 24, Sherman George was shot and killed by a plain-clothes 
policeman. Police maintained that George pulled out a toy gun and that 
the policeman was forced to fire. The family claimed that the gun was 
planted at the scene, and others said that the man was raising his arms 
to surrender.
    On September 7, Curtis Lorenzo was shot and killed after escaping 
from the Mahdia lock-up where he was incarcerated pending charges of 
abduction and rape of a minor. The officer reportedly fired the fatal 
shot accidentally. An inquiry remained pending.
    On September 8, police shot and killed accused murderer Kelvin Nero 
as he was walking on the street. Witnesses claimed that police fired 
three shots; some accounts related that Nero was first shot in the leg, 
then beaten, and then shot two more times. An investigation was 
launched.
    A preliminary inquiry determined that two officers charged with the 
2003 killing of University of Guyana student Yohance Douglas should 
stand trial for his murder. No trial date has yet been set, and one 
officer has appealed the decision to stand trial.
    There were no new developments in the allegations of wrongdoing 
related to the killings by police in previous years, including the 
police shootings of Errol Immanuel, Charles Hinckson and Marlon Wilson, 
and the beating death of Albert Hopkinson, all in 2003.
    Some killings, such as the January 5 killing of Shafeek Bacchus and 
the June 24 killing of George Bacchus, were attributed to an organized 
hit squad that originated as a vigilante response to the 2002-03 crime 
wave. Prior to his death, George Bacchus alleged that he had been a 
member of the so-called Phantom Squad and that Home Affairs Minister 
Ronald Gajraj directed the group. In July, Minister Gajraj went on 
leave to facilitate the work of a Commission of Inquiry regarding these 
allegations, and the inquiry remained ongoing at year's end.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In April, an Iranian Shiite cleric and teacher, Mohammad Hassan 
Ebrahimi, was kidnapped at his school; he was then killed, and his body 
was recovered in May. No ransom was demanded, and the GPF's 
investigation has not determined a motive for the crime.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture, and there were no 
reports of its use; however, allegations of police abuse of suspects 
continued. The GHRA continued to consider mistreatment of prisoners by 
prison officers a problem.
    Many legal authorities and human rights activists stated that due 
to high crime and pressure from urban businesses, which were often the 
targets of criminals, the Government did not actively pursue 
investigations of alleged police abuses. Fear of reprisals also limited 
citizen reporting of police abuses.
    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 1,157 
inmates in the 5 facilities in the system, nearly half of whom were in 
the Camp Street Prison. According to prison officials, the facility was 
intended to hold 500 inmates; however, the Guyana Human Rights 
Association (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. Some of the prisons were staffed with 
medical personnel whose training fell somewhere between that of a nurse 
and a doctor. GHRA continued to advocate improved health care in the 
prison system.
    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 jails were bare, 
overcrowded, and damp. Few had beds, washbasins, furniture, or 
utensils. Meals normally were inadequate; friends and relatives 
routinely had to bring detainees food and water. Cells rarely had 
sanitary facilities, and staff members sometimes escorted inmates 
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. 
Although precinct jails were intended to serve only as pretrial holding 
areas, some suspects were detained there as long as 2 years, waiting 
for the overburdened judicial system to act on their cases.
    At least one inmate died while in police custody. On July 7, 
Kellowan Etwaroo was found dead in his cell at the La Grange Police 
Station. Etwaroo's wife discovered his body at the police station. The 
autopsy confirmed that Etwaroo died as a result of massive head 
injuries; there were reports that he had been banging his head against 
the wall for many hours.
    The only women's prison is in New Amsterdam. Men and women were 
held separately in dormitory-type buildings. Conditions at the prison 
generally were adequate; however, security for prisoners was lax. 
Prisoners had access to knives, long knitting needles, and machetes. 
There were incidents of prisoners attacking other prisoners, including 
one case where a female foreign prisoner was stabbed and received life-
threatening wounds. She was then returned to the same cell, with no 
additional protection.
    Police continued to place juvenile offenders in a fairly adequate 
separate facility; however, female juvenile offenders were held with 
adult female prisoners.
    Pretrial detainees were held separately from convicted prisoners. 
Some special watch/high profile pretrial detainees were kept in 
security divisions also occupied by convicted prisoners.
    The Government permitted independent monitoring of prison 
conditions, but there were no known requests to conduct such monitoring 
during the year. Consular interviews with prisoners took place in the 
presence of prison guards.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The GPF is a centralized, military-style organization. There are 
seven regional districts, but all criminal investigations operated out 
of headquarters in Georgetown. Two specialized units with no clearly 
defined mandate, the Tactical Services Unit and the Quick Reaction 
Group, were disbanded during the year. The Special Constabulary 
received the same training as the regular police but focused mainly on 
guard duty for cabinet ministers and certain government facilities. The 
GPF made use of operational training offered through international 
cooperation agreements. The GPF included a basic human rights course in 
their recruit-training program, and the GHRA participated in most 
training programs.
    Poor training, poor equipment, and acute budgetary constraints 
severely limited the effectiveness of the GPF. Public confidence and 
cooperation with the police remained extremely low. The Commissioner of 
Police appointed in February increased the number and visibility of 
police on the streets. There were reports of corruption in the police 
and a lack of police accountability, although the new Commissioner took 
steps to address both issues. Nevertheless, most cases involving 
charges against police officers were heard by lower magistrate courts, 
where other specially trained police officers served as the 
prosecutors. The Bar Association questioned officers' commitment to 
prosecute their own colleagues and recommended that for serious cases 
the Office of the Director of Public Prosecutions should handle 
prosecutions.
    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, an appointment system drawing 
heavily from retired judges fostered a reluctance to take controversial 
or decisive action. A lack of adequate powers for independent 
investigation limited the effectiveness of the PCA. The Office of 
Professional Responsibility also investigated complaints against the 
police.
    The 2003 Disciplined Forces Commission report on the operations of 
the security services was completed during the year; its 
recommendations remained under parliamentary consideration.
    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, and this was 
generally observed in practice. Bail was generally available, except in 
capital offense cases. In narcotics cases, magistrates limited 
discretion in granting bail before trial and are required to remand 
persons convicted of such crimes into custody, even if an appeal is 
pending.
    The law provides criminal detainees the right to access to a lawyer 
of their choice family, as well as access to family members; however, 
in practice, these rights were not fully respected. Police routinely 
required permission from the senior investigating officer, who was 
seldom on the premises, before permitting counsel access to their 
client. There were reports that senior officers refused to grant prompt 
access to prisoners, as the law requires.
    Lengthy pretrial detention, due primarily to judicial inefficiency, 
staff shortages, and lengthy legal procedures, remained a problem.
    The Government did not detain persons on political grounds, 
although supporters of Mark Benschop, a talk show host held on charges 
of treason, considered him to be a political detainee (see Section 
2.a.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, some law enforcement officials and 
prominent lawyers accused the Government of occasional judicial 
intervention in civil cases involving judgments against the Government.
    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 deal with both criminal and civil matters, and 
specially trained police officers serve as prosecutors in lower 
magistrate courts. The Ministry of Legal Affairs, normally headed by 
the Attorney General, is the principal legal advisor to the State. The 
Director of Public Prosecution is statutorily independent and may 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, and this right generally was respected in practice.
    Delays and inefficiency characterized the judicial process and 
undermined due process. 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.
    The JSC has the authority to appoint judges and determine tenure 
and has the power to appoint the Director and Deputy Director of Public 
Prosecutions. The President, on the advice of the JSC, may make 
temporary appointments of judges to sit in magistrate courts and on the 
High Court.
    The long-delayed formation of the Public Service Commission in 
December 2003 led to reconstituting the other constitutional service 
commissions and resumption of appointments and promotions in the 
judiciary and magistracy.
    Defendants are granted public trials, and appeals may be made to 
higher courts. Defendants are presumed innocent until found guilty. 
Cases in magistrate's courts are tried without jury; more serious cases 
are 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. Introduction of court mediation in late 2003 generated 
significant interest among legal practitioners, and the Alternative 
Dispute Resolution Center has begun to reduce the court backlog.
    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).
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
authorities sometimes 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 reports that police officers searched homes 
without warrants, particularly in neighborhoods where narcotics 
trafficking was suspected.
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 and did not restrict academic 
freedom. Citizens could openly criticize the Government and its 
policies.
    The independent Stabroek News and Kaieteur News published daily, 
and a wide range of religious groups, political parties, and 
journalists published a variety of privately owned weekly newspapers. 
The independent media were active and expressed a wide variety of views 
without restriction. International media were allowed to operate 
freely. The Government's daily newspaper, the Guyana Chronicle, which 
typically displayed an anti-opposition bias, covered a broad spectrum 
of political and nongovernmental groups. There were no reports of prior 
restraint of media reporting.
    Talk show host Mark Benschop, arrested in 2002 on charges of 
treason for his role in the July 2002 storming of the Presidential 
Office Complex, went to trial in November. Long pre-trial incarceration 
was characteristic of the judicial system, and there was no indication 
of a political motivation in delaying this trial
    Government limits on licensing and expansion constrained the 
broadcast 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 criticize 
the Government for its failure to approve requests for radio frequency 
authorizations. The Government stated that no new radio or television 
licenses will be granted and no extensions of broadcast service will be 
approved pending passage of a new broadcast law, which a political 
stalemate has prevented. Nonetheless, the national television station 
continued to expand its service. Twelve independent television stations 
also continued to operate.
    Equal access to the state media remained a contentious issue 
between the Government and the major opposition.
    There were reports of police harassment of the media. In August, 
cameramen filming police operations in a community near Georgetown had 
their tapes confiscated, and, in one case, a camera was destroyed when 
the reporter resisted surrender of the tape. One tape was later 
returned, but the footage had been erased. One of the television 
stations involved decided to pursue legal action in the case. The 
television station and the police have reached amicable settlement; the 
police have undertaken to repair the damaged camera and as a 
consequence the legal action has been dropped.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Government recognizes religious groups of all faiths present; 
however, churches were required to register with the Government to be 
formally recognized. Religious groups seeking to establish operations 
require permission from the Ministry of Home Affairs before commencing 
their activities.
    Groups seeking access to the interior are required to obtain 
special permission from the Ministries of Home Affairs and Amerindian 
Affairs. The Ministries review the scope of activities submitted by the 
religious body and grant approval on a case-by-case basis.
    For a more detailed discussion, see the 2004 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. Travel 
to Amerindian areas required 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.
    The Constitution prohibits forced exile, and it was not used.
    The country was not party to the 1951 Convention Relating to the 
Status of Refugees or its 1967 Protocol, and the Government has not 
established a system for providing protection to refugees. In practice, 
the Government provided protection against refoulement, the return of 
persons to a country where they feared persecution, but did not 
routinely grant refugee status or asylum. There were no requests for 
refugee status or asylum. The Government cooperated with the office of 
the U.N. High Commissioner for Refugees and other humanitarian 
organizations in assisting refugees and asylum seekers. Legal 
challenges continued to impede efforts by the Ministry of Home Affairs 
and the Cuban Government to force repatriation to Cuba of a Cuban 
national married to a Guyanese citizen.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. There is a multiparty political system based on 
proportional representation. Voters elect 25 of the 65 deputies from 
regional constituencies; the remaining 40 seats are filled 
proportionally from national slates of nominees chosen by the parties 
from different sectors of society. Any citizen 18 years or older may 
register to vote. Citizens are free to join or support political 
parties of their choice. Since the party in power controls Parliament, 
the legislature typically provides only a limited check on the 
executive's power.
    Voters indirectly elect the President to a 5-year term of office. A 
party's presidential candidate must be announced in advance of the 
election. The party that wins the most votes for Parliament wins the 
presidency. The President appoints a cabinet and a prime minister who, 
with the President, exercise executive power.
    In March 2001, citizens voted in a generally free and fair election 
to keep the PPP/C in office, defeating the Peoples National Congress/
Reform (PNC/R) party. Incumbent Bharrat Jagdeo received his own mandate 
for a 5-year term as President. The opposition called for the courts to 
declare the election unconstitutional and illegal, which briefly 
delayed Jagdeo's swearing-in. An audit of the 2001 election led by the 
Institute for Democracy and Electoral Assistance, an intergovernmental 
organization, found that, despite several procedural errors and system 
failures, there was no evidence of a conspiracy or corruption to 
manipulate election systems or the election results, as the opposition 
alleged.
    Society is racially divided, and the political party structure 
reflected the polarization of the main ethnic groups. The two major 
parties (the PPP/C and the PNC/R) were formed largely by Indo-Guyanese 
and Afro-Guyanese, respectively. Indo-Guyanese voters were a majority, 
which has allowed the PPP/C to retain power since 1992.
    In April, a task force to reform the local government system 
completed its work, although Parliament had not yet passed the 
associated legislation. The task force has not reconvened due to 
disputes between the two major political parties. Local government 
elections have been delayed pending the completion of the reform, and 
were 7 years overdue.
    There was a widespread public perception of corruption in the 
Government, including the police (see Section 1.d.). Corruption 
scandals involving duty-free concessions to returning migrants and the 
export of dolphins attracted considerable attention.
    The law did not provide for public access to government 
information. Government officials were reluctant to provide public 
information without approval from senior levels of the administration.
    There were no legal impediments to the participation of women or 
minorities in the political process. The Constitution requires that 
one-third of the parliamentary candidates be female. There were 19 
women in the 65-seat Parliament and 3 women in the 20-member Cabinet. 
The Chancellor of the Judiciary was a woman. There were four 
Amerindians in the Parliament and one Amerindian in the Cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases, and holding 
conferences and workshops on social issues. Government officials were 
cooperative but poorly responsive to recommendations made by 
independent human rights groups. The GHRA was the most active local 
human rights group and issued periodic press releases. Trade unions, 
professional organizations, various ethnic groups, and churches 
participated in the GHRA. Members of the Government openly discussed 
human rights issues and made public statements in response to foreign 
and local human rights reports.
    The Constitutional Reform Commission mandated a Human Rights 
Commission (HRC) to be comprised of a Chairperson and the four 
chairpersons of the Women's, Children's, Indigenous, and Ethnic 
Relations commissions. By year's end, only the Ethnic Relations 
Commission had been activated, preventing establishment of the HRC.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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.

    Women.--Violence against women, including domestic violence, was 
widespread and crossed racial and socio-economic lines. The Domestic 
Violence Act defines and criminalizes domestic violence 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 completes 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 protection 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. The NGO Help and Shelter (H&S) 
noted that training had improved implementation of the Act, but not all 
police officers fully understood its provisions. 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.
    Between January and September, H&S handled 224 cases of abuse, 
including child, spousal, nonspousal, and other domestic abuse; 188 of 
the cases involved spousal abuse directed against women. Only five 
cases resulted in prosecutions.
    NGOs provided training to police officers, teachers, nurses, 
agricultural workers, religious groups, and health clinics to sensitize 
them to domestic violence. Police who had not undergone training 
continued to treat domestic violence as a private matter. H&S operated 
a hotline to counsel victims.
    Although rape was illegal, it was a serious but infrequently 
reported or prosecuted problem. While increasing numbers of victims 
reported these crimes to the authorities, victims were still socially 
stigmatized.
    Prostitution is illegal, but it did occur, and it received greater 
public attention due to the high incidence of HIV/AIDS among 
prostitutes and increased attention to trafficking in persons.
    The Constitution prohibits discrimination based on gender; however, 
there was no legal protection against sexual harassment in the 
workplace. Officials of the Women's Leadership Institute (WLI), a 
collaborative effort between the Government and the UNDP, asserted that 
sexual harassment was a significant problem. WLI has reported that 
while the problem is widespread, victims are reluctant to make official 
reports, fearing the associated stigma and lack of confidence of the 
legal system to deliver justice even after long and frustrating delays.
    Although women constituted a significant proportion of the 
workforce, there were credible reports that they did not enjoy equal 
treatment and faced disadvantages in promotion. 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 WLI sought through education and 
training to facilitate greater participation by women in government and 
the private sector. In March, the WLI began an 18-month collaboration 
with the Canadian/Caribbean Gender Equality Program. WLI has reported 
that they are half way through the training. So far three Train the 
Trainers workshops and four capacity building workshops have been 
completed. The institute is currently in the process of conducting 
mobile workshop training at the grassroots level. It is expected that 
the entire program of training will be completed by July/August 2005.
    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 mutual consent remained illegal. The 
courts may overturn a husband's will in the event that it does not 
provide for his wife, so long as she was dependent on him for financial 
support.

    Children.--Children (accounting for one-third of the country's 
population) were affected more severely by poverty than any other 
group. Public education was available to age 20; education was 
compulsory up to age 16 and was universal and free through secondary 
school. Parents had the option to send their children to private 
schools at their own expense. 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.). Primary school attendance was 87 percent, although only 
50 percent of the children completed secondary education. 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.
    There was continued concern over the effects of domestic violence 
on children. It was unclear how many deaths from child abuse took 
place; law enforcement officials believed that the vast majority of 
criminal child abuse cases were unreported. Reports of physical and 
sexual abuse of children were common. The Probation and Welfare 
Department reported 106 cases of child abuse through August.
    In December, the age of consent was raised from 13 to 16.
    The age of consent issue was highlighted in June by a case 
involving Reeaz Khan, a prominent businessman who was having sexual 
relations with a 13-year-old girl. When the mother discovered the 
relationship, she pressed charges. According to news accounts, Mr. Khan 
then kidnapped the girl. After the child was rescued, a judge sent her 
to a juvenile prison, due to the lack of a suitable alternative 
protective institution, and Khan was charged with abduction. 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.
    The Government reiterated its position that corporal punishment is 
acceptable. Corporal punishment was permitted in schools and homes; 
however, in schools, it must be administered by or in the presence of 
the principal. Data on the number of corporal punishment cases were 
unavailable. The Ministry of Education abandoned a program intended to 
phase out corporal punishment in schools.
    There were reports of child prostitution (see Section 5, 
Trafficking).

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and there were reports that persons were 
trafficked to and within the country.
    In December an anti-trafficking bill was voted into law. The 
Government used laws that prohibit underage sex, prostitution, and 
kidnapping to address human trafficking issues.
    The maximum penalty for forcible abduction for prostitution is 14 
years' imprisonment. The maximum penalty for owning or operating a 
premise where sex with a girl under the age of 15 is permitted is life 
imprisonment.
    Responsibility for trafficking issues falls under several agencies 
and government officials. President Jagdeo designated Minister Bibi 
Shaddick of the Ministry of Labor, Human Services, and Social Security 
to address human trafficking. Deputy Commissioner Henry Greene of the 
GPF monitors enforcement. Since February, the Government has acted to 
combat human trafficking, resulting in the arrest of at least 10 
persons whose cases remained pending at year's end.
    The country was a source and destination for trafficked women and 
children, although most trafficking in persons occurred internally. 
Trafficking reportedly took place in the interior, where government 
oversight was light and law enforcement was lacking. In 2003, the 
latest year for which figures were available, there were an estimated 
100 cases of trafficking, the majority of which involved underage 
prostitution, with victims recruited from coastal or Amerindian 
communities to work as sex workers in mining areas. Reports indicated 
that trafficking victims were lured into mining camps with promised 
employment as highly paid domestic helpers, cooks, restaurant servers, 
and nude dancers. Trafficking victims from Brazil were reportedly flown 
into mining camps on private flights. They were provided barracks-style 
housing with cramped quarters, and sometimes kept under lock and key. 
They were restrained through debt-bondage, intimidation, and physical 
abuse. Most victims were exposed to the same health risks as 
prostitutes and other sex workers, including sexually transmitted 
diseases such as HIV/AIDS.
    Most traffickers were believed to be individual businessmen or 
small groups of miners. There was no evidence that government officials 
or institutions participated in, facilitated, or condoned human 
trafficking. Since February, government officials have taken a public 
stance against human trafficking as well as significant action to 
eliminate its practice. Although police corruption continued, there 
were no reports of any cases of police corruption linked to human 
trafficking. The Government did not condone trafficking-related 
practices.
    Organizations such as the GHRA, Red Thread, and H&S organized to 
provide assistance to trafficking victims. H&S received funding from 
the Government as part of a broader commitment to assist trafficking 
victims.
    There were no reports that human trafficking victims were subjected 
to any punishment. Victims identified by the Government have been 
removed from the traffickers' custody and provided passage back to 
their homes. There were no reports of societal discrimination against 
trafficking victims.
    The Government undertook a national public awareness campaign to 
educate potential victims about the dangers of trafficking in persons. 
Government ministers travelled throughout the country to promote public 
awareness of trafficking in remote communities. In July, television 
stations began broadcasting anti-trafficking public service 
announcements distributed by the Government. In October, the 
International Organization for Migration, in collaboration with the 
Inter-American Commission of Women, conducted human trafficking 
training as part of the Government's outreach program.

    Persons With Disabilities.--There is 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 for persons with disabilities to be employed 
outside their homes. A National Commission on Disabilities worked 
during the year to develop new legislation covering persons with 
disabilities, as well as serving as a coordinating center for other 
groups. Some independent organizations dealing with specific 
disabilities existed, such as a society for the visually impaired. The 
Open Door Center offered assistance and training to persons with 
disabilities and functioned throughout the year.

    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/C and the largely Afro-
Guyanese PNC/R engaged in rhetorical and propaganda attacks that fueled 
racial tensions.
    The civil service and security forces continued to be 
overwhelmingly staffed by Afro-Guyanese. Recruitment for the uniformed 
services operated on an open basis, with no preference or special 
effort to attract applicants from any particular group. Most qualified 
Indo-Guyanese candidates opted for a business or professional career 
rather than apply for a career in the military, police, or public 
service.

    Indigenous People.--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.
    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 constitutes 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, but these provisions were not enforced. Both Amerindian 
individuals and groups remained free to criticize the Government. 
Progress continued on a revision of the Amerindian Act. The Cabinet 
considered recommendations from a series of consultations with 
Amerindian communities during the year. Regional consultations and 
consultations with political parties remained to be carried out before 
a proposal could be presented to Parliament.
    For the Amerindian population, the question of land rights was a 
major issue. The Government held title to almost all the country's land 
and was free to act without consultation. The law provides Amerindians 
with limited land rights, and legal titles may be taken away in at 
least five ways. In addition, Amerindians complained that the 
Government allocated land (to mining and logging interests as well as 
for environmentally protected reserves) without proper consultations 
with the communities. The Amerindian communities often viewed these 
allocations as illegitimate seizure of ``their'' lands and complained 
that consultations on development in the interior did not provide 
adequate time for feedback.
    The Government continued to maintain that it was committed to 
demarcating traditionally Amerindian lands; however, the process lacked 
transparency and continued to be a source of contention. Although the 
demarcation process moved forward during the year, progress was slow. 
In February, the Government made two substantial land grants to 
Amerindian communities.

    Other Societal Abuses and Discrimination.--Persons living with HIV/
AIDS encountered societal discrimination, including derogatory 
comments, the refusal of some mini-bus drivers to pick them up, and 
other types of stigma-related discrimination. There were reports of 
employers releasing HIV-positive employees, as well as denying 
employment on the basis of a person's HIV-positive status, but there 
was no evidence of official discrimination against persons with HIV/
AIDS.
    A recent poll of unemployed out-of-school youth conducted by the 
Ministry of Health indicated that 51 percent of respondents reported 
having known someone with HIV/AIDS (30 percent had a close relative 
with HIV/AIDS). When asked whether or not a HIV-positive person should 
be allowed to teach, only 34 percent thought they should be allowed to 
do so, and nearly 30 percent believed that those living HIV/AIDS should 
be quarantined.
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, and workers exercised this right in 
practice. However, the Constitution also specifically bars GPF members 
from unionizing or associating with any other established union. 
Approximately 32 percent of the work force was unionized.
    There is no law prohibiting anti-union discrimination by employers. 
Although not always in harmony with specific unions, the country's 
socialist history continued to ensure that the Government maintained a 
generally pro-union stance.

    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 certified all 
collective bargaining agreements, and there have never been reports 
that it refused to do so. Individual unions directly negotiate 
collective bargaining status. The Chief Labor Officer and the staff of 
the Ministry of Labor provided consultation, enforcement, and 
conciliation services.
    The Constitution provides workers with the right to strike, and 
workers exercised this right in practice. Strikes may be declared 
illegal if the union leadership did not approve them or if 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 are required to engage in compulsory 
arbitration to bring an end to a strike. There was no law prohibiting 
retaliation against strikers, but this principle was always 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.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
there were reports that such practices occurred (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Factories Act and the Employment of Young Persons and Children Act set 
minimum age requirements for employment of children; 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 are 
employed. According to UNICEF, between 1999-2001, 19 percent of 
children between the ages of 5 and 14 were involved in labor 
activities.
    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 5).

    e. Acceptable Conditions of Work.--The Labor Act and the Wages 
Councils Act allow the Labor Minister to set minimum wages for various 
categories of private employers, but there was no legislated multi-
sector minimum wage. A civil service arbitration ruling in 1999 
established a minimum public sector wage, which has since been 
increased periodically by unilateral government action to $109 
(G$22,099) 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 in the service sector. 
Laborers and untrained teachers at public schools also were paid less 
than the minimum wage. The legal minimum wage for the public sector did 
not 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, regardless of hours worked in the week, or a 44-hour week required 
an overtime payment rate. The law does not require a minimum weekly 
rest period.
    The Factories Act also establishes workplace safety and health 
standards. The Occupational Health and Safety Division of the Ministry 
of Labor is charged with conducting factory inspections and 
investigating complaints of substandard workplace conditions. As with 
its other responsibilities, inadequate resources prevented the Ministry 
from effectively carrying out this function. Workers could not remove 
themselves from dangerous work situations without jeopardizing 
continued employment.

                               __________

                                 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 opposition parties 
boycotted the 2000 presidential elections, in which Jean-Bertrand 
Aristide was reelected president with extremely low voter turnout. The 
political impasse and violence stemming from controversial results of 
the May 2000 legislative and local elections worsened, and despite 
accepting a Caribbean Community (CARICOM) plan committing the 
Government to create a climate of security for elections, President 
Aristide did not fully implement the plan. Anti-Government armed rebels 
along with members of the former military (FAd'H), many of whom had 
previously been implicated in human rights abuses, mounted a major 
insurgency beginning in early February, ultimately resulting in 
President Aristide's resignation and departure from the country on 
February 29. At the time of his departure, government and public 
security institutions hardly functioned. Boniface Alexandre, Chief 
Justice of the Supreme Court, assumed office as interim President in 
accordance with the Constitution. On March 4, a Tripartite Council was 
formed, consisting of one representative each from Aristide's Fanmi 
Lavalas Party (FL), the opposition movement's Democratic Platform, and 
the international community. The Tripartite Council chose a seven-
member Council of Eminent Persons, with representatives from the 
Catholic Church, human rights groups, academia, the private sector, the 
opposition umbrella group Democratic Convergence, and Fanmi Lavalas, to 
select a new prime minister. On March 17, Gerard Latortue was installed 
as Prime Minister of the Interim Government of Haiti (IGOH) upon 
recommendation from the Council Of Eminent Persons to President 
Alexandre. The Constitution provides for an independent judiciary; 
however, under Aristide's government, it was subject to interference by 
the executive and legislative branches and remained largely weak and 
corrupt. Under the IGOH, the judicial system continued to be hampered 
by the weaknesses inherited from the previous government, but was not 
subject to interferences from other branches of the Government. The 
instability in the country immediately following President Aristide's 
departure made the justice system inoperative for a few months. During 
the remainder of the year, many judges feared retribution from rebels 
and gangs from across the political spectrum.
    The Haitian National Police (HNP) has a variety of specialized 
units, including a crisis response unit (SWAT); a crowd control unit 
(CIMOs) serving Port-au-Prince and the Western department; a crowd 
control unit serving each of the remaining eight departments; and a 
small Coast Guard unit. The large and well-funded Presidential Security 
Unit, officially part of the HNP, had its own budget and remained 
administratively and functionally independent. The HNP is officially an 
autonomous civilian institution; under President Aristide, however, 
authorities did not maintain effective control of the security forces. 
President Aristide filled many key HNP positions with political allies 
and corrupt or political elements lacking experience, training, and 
credibility. Partisan political leaders exercised control over elements 
of the police and influenced it for personal or political gain. The 
politicization of the HNP facilitated both political violence and drug 
trafficking. After President Aristide's departure, the new leadership 
of the HNP, the sole security force in the country after the disbanding 
of the FAd'H in 1995, took steps to address corruption by firing 200 
corrupt, inexperienced officers and inducting a new class of recruits 
who were cleared by human rights organizations. However, some HNP 
officials were implicated in corruption, kidnapping, and narcotics 
trafficking. Members of the HNP committed human rights abuses during 
the year.
    In April, at the request of the interim government, the U.N. 
authorized a Multilateral Interim Force (MIF), made up of troops from 
the U.S., Canada, France, and Chile, to ensure stability until the 
deployment of a U.N. peacekeeping force. In April, the U.N. Security 
Council authorized 6,700 troops and 1,622 civilian police for the U.N. 
Stabilization Mission in Haiti (MINUSTAH).
    The country had a market-based economy with state-controlled 
utilities and an estimated population of 8 million. The country 
suffered a sharp economic decline during the year. The International 
Monetary Fund estimated real gross domestic product growth of 3.8 
percent for the year, after several years of near zero growth. In 
November, the U.N. estimated that 55 percent of the population lived on 
less than a dollar per day; two-thirds did not have formal employment. 
The informal sector was an important component of the economy. 
Textiles, assembled goods, leather goods, agricultural products, and 
handicrafts provided limited export revenue. Inflation was 
approximately 20 percent for the year.
    The Government's human rights record remained poor. During the 
year, various actors perpetrated numerous human rights abuses, 
particularly during the armed revolt and the authority vacuum that 
followed. There were credible reports of arbitrary killings by some 
members of the HNP, the FAd'H who helped force President Aristide's 
resignation, and pro-Lavalas partisans and street gangs who were 
suspected of being paid and armed by President Aristide and his 
supporters. Systematic, state-orchestrated abuses stopped under the 
IGOH, but incidences of retribution killings and politically motivated 
violence, particularly in the provinces, continued. In the months 
following President Aristide's departure, there were numerous reports 
of human rights abuses against supporters of Aristide. Many of these 
were attributed to groups who acted independently of the IGOH, such as 
members of the former military (FAd'H), and to former members of the 
paramilitary organization Revolutionary Armed Front for the Progress of 
Haiti (FRAPH). Police officers used excessive- and sometimes deadly-
force in making arrests or controlling demonstrations and rarely were 
punished for such acts.
    Legal impunity remained a serious problem due to a weakened police 
force and judicial system. On January 1, the Government granted amnesty 
to some convicted criminals imprisoned around the country. Their 
release, combined with the high number of prisoners who escaped 
detention from police stations and the destruction of prisons around 
the country in the turmoil that followed Aristide's departure, created 
further instability. Some of those released and escaped criminals were 
also responsible for human rights violations during the year. Few 
prisons were rehabilitated, but some prisoners were re-arrested, only 
worsening prison conditions. Pretrial detention was a serious problem. 
The media were largely free and often critical of both the Aristide and 
the interim governments. However, most journalists practiced some form 
of self censorship. Child abuse, violence, and societal discrimination 
against women remained problems. Internal trafficking of children and 
child domestic labor remained problems.
    On October 28, the Inter-American Commission on Human Rights 
(IACHR) ``expressed'' its concern over the series of violent 
confrontations that occurred between police and illegal armed gangs in 
Port-Au-Prince during the month of October. The Commission also noted 
that it had received reports of arbitrary arrests and detentions of 
persons and threats and acts of violence and intimidation against human 
rights defenders and journalists.
    Several times during the year, Amnesty International (AI) published 
reports and issued statements that described and called for the end to 
a cycle of violence caused by armed groups both opposed and loyal to 
former President Aristide.
    In November, Louis Joinet, U.N. Independent Expert on Human Rights 
in Haiti, remarked that the governmental presence outside of the 
capital was nonexistent. Joinet noted the weak and corrupt state of the 
justice system, and he cautioned that the HNP must follow the letter of 
the law in the execution of their duties, such as obtaining arrest 
warrants before making arrests.
    In November and December, U.N. Secretary-General Kofi Annan and 
other foreign government officials called upon the IGOH to create a 
more secure environment within the country and to ensure that all 
detainees received full constitutional protections. The IGOH's capacity 
to do so remained limited at year's end.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary and Other Unlawful Deprivation of Life.--Arbitrary and 
other unlawful deprivation of life perpetrated by state agents and 
others continued throughout the year. Members of the HNP continued to 
commit arbitrary and unlawful killings. In addition, members of illegal 
armed groups arbitrarily killed citizens.
    On March 20, five HNP officers arrested five youths from the pro-
Aristide neighborhood of La Saline in Port-au-Prince. The families of 
the five youths, Jean Wesly Etienne, 17, Emmanuel Deronville, 20, Monel 
Pierre, 23, Pierre Dorceant, and Abel Cherenfant 24, claimed that they 
were leaders of popular civic organizations that supported Aristide. 
Human rights organizations claimed they were members of ``chimere'' 
groups (thugs) who had participated in crimes together with the police; 
and that the police were seeking to silence them. On March 21, their 
bodies, bearing signs of torture, were found near the airport. The five 
policemen were arrested and remained in jail awaiting trial at year's 
end.
    On the evening of September 28, unknown assailants shot and killed 
two HNP officers in a pro-Lavalas area of downtown Port-au-Prince. By 
year's end, no one had been arrested for the killing.
    There were deaths in prison during the year (see Section 1.c.).
    During the year, deaths occurred during civil unrest (see Section 
1.g.).
    In November, AI called upon the Government to establish an 
independent commission of inquiry into summary executions attributed to 
members of the HNP (see Section 1.g.).
    There were no developments in 2003 cases, including the January 
killings of Eric Pierre and 17-year-old John Peter Ancy Oleus in 
Carrefour, and the February killing of student Ronuald Cadet.
    There were no developments, and none were expected, in several 2002 
killings, including those of three youths from Cite Soleil, a farmer in 
the town of Hinche, three brothers from Carrefour, and four persons 
during an attack on the Las Cahobas jail.
    The IGOH's investigations into the high-profile killings of 
journalists Jean Dominique in 2000 and Brignol Lindor in 2001 continued 
at year's end.
    Herbert Valmond and Carl Dorelien, former FAd'H colonels convicted 
in absentia in 2000 for premeditated homicide in connection with the 
1994 Raboteau massacre, escaped from the national penitentiary in the 
post-February 29 power vacuum. Their whereabouts were unknown and no 
progress was made in these cases at year's end.
    From January through April, a security vacuum in the Northeast 
Artibonite seat of St. Michel de L'Attalaye resulted in violence 
between local government authorities, local townspeople, and members of 
the Resistance Front, a heavily armed anti-Aristide group not 
sanctioned by the Government. By April 25, three persons were dead and 
163 houses burned or destroyed.

    b. Disappearance.--There were credible reports of politically 
motivated disappearances during the year.
    On February 28, Wisly Francique, a student from Carrefour who 
supported the Lavalas regime, disappeared and remained missing at 
year's end.
    On March 1, Jasmy Emmanuel disappeared after participating in a 
demonstration in front of the National Palace against the departure of 
President Aristide.
    There were reports of disappearances stemming from the internal 
conflict (see Section 1.g.)
    There were widespread kidnappings by armed criminal elements of 
wealthy persons throughout the year. All were resolved through the 
payment of ransom.
    There were no developments in the disappearance cases reported in 
2003, including Junior Jean, Mankes Analus, Pierre Franklin Julien, and 
Ordonel Paul.

    c. Torture and other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such actions; however, members 
of the security forces continued to violate these provisions, 
particularly prior to the resignation of President Aristide. Police 
officers used excessive and sometimes deadly force in making arrests or 
controlling demonstrations and rarely were punished for such acts. In 
January and February, pro-President Aristide gang members routinely 
attacked members of the opposition and university students to prevent 
them from peacefully exercising their constitutional rights. Members of 
the HNP also used excessive force, such as shooting and using teargas, 
to suppress demonstrations (see section 2.b.).
    Judie C. Roy, who repeatedly was tortured in various prisons during 
2003 and ultimately incarcerated at the Petionville police station for 
``plotting against the security of the State,'' escaped from prison 
following President Aristide's departure and was not rearrested. There 
were no efforts made to rearrest Roy during the year.
    There were no developments in the 2003 torture investigations of 
Joseline Desroses or Jonathan Louime.
    Prison conditions worsened during the year. During the upheaval 
around February 29, many police stations and prisons around the country 
were damaged or destroyed, and most prisons were emptied of prisoners. 
By year's end, 14 of 21 prisons around the country were rehabilitated 
and rendered functional. An already burdened prison system was stressed 
further with fewer facilities to hold prisoners. Conditions in those 
facilities worsened and, due to lack of available space, minors and 
adults often were held in the same cell.
    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 prison population numbered 1,941 at year's end. 
Approximately 95 percent of prisoners still were awaiting a judicial 
determination on their cases. That number did not reflect the large 
number of persons who were held in police stations around the country 
in prolonged preventive detention (garde a vue) for longer than the 
constitutionally mandated 48-hour time period.
    In the initial days following President Aristide's departure, there 
were many reports of former military performing ``police'' functions by 
executing arrest warrants in provincial towns.
    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 to 48 hours. The U.N. Development Program (UNDP) 
continued technical assistance to the Department of Prison 
Administration (DAP), focusing on midlevel warden training and 
management information. The National Coalition for Haitian Rights 
(NCHR), a local human rights organization, actively monitored prison 
conditions in cooperation with the DAP, which offered a prisoners' 
rights awareness campaign. Both NCHR's and DAP's programs continued 
during the year. DAP's assistance increased after the situation 
stabilized in the spring.
    The DAP conducted objective testing of prison physicians and nurses 
to exclude 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.
    On December 1, an attempted prison escape by some detainees at the 
National Penitentiary resulted in a riot. Prison guards and special 
units of the HNP's CIMO and SWAT responded with excessive force; 
killing 7, shooting and injuring 17, and brutally beating and 
mistreating 29 detainees. Prisoners injured six HNP officers and burned 
eight prison cells.
    Space permitting, male and female prisoners were held separately. 
Juvenile detainees were not held separately from adults.
    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.
    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 or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, security forces continued to 
employ both practices. 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. Ex-FAd'H members and former chefs de section 
sometimes executed arrest warrants in under-policed rural areas, 
particularly in the North.
    The HNP is officially an autonomous civilian institution. However, 
despite a cadre of competent and committed officers trained by foreign 
authorities, HNP officials at all levels were implicated in corruption 
and narcotics trafficking under the Aristide Government. The Aristide 
Government filled many key HNP positions with allies and corrupt or 
political elements lacking experience, training, and credibility. The 
politicization of the HNP facilitated both political violence and drug 
trafficking. During the year, under the IGOH, the HNP inducted one 
class of new recruits, all of whom were vetted by the human rights 
community.
    The U.N. established the civilian police (CIVPOL) element of 
MINUSTAH to supplement the police. Once CIVPOL deployed with the HNP to 
conduct operations, the HNP's capacity to maintain order improved.
    Certain police jurisdictions routinely disregarded the 48-hour 
requirement to present detainees before a judge, and some detainees 
were held for extended periods in pretrial detention. Police often 
apprehended persons without warrants, or on warrants not issued by a 
duly authorized official. According to AI, in some provincial towns 
where there was no governmental presence after February 29, the ex-
FAd'H occupied police stations and detained persons, with or without 
warrants. The authorities frequently detained individuals on 
unspecified charges or pending investigation. Under President Aristide, 
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 (see section 4). The 
situation improved under the IGOH, but several former members and 
supporters of the Lavalas regime who were suspected of human rights 
abuses, fomenting violence, or other crimes were arrested without 
proper warrants due to high levels of corruption in the judiciary. 
Detainees generally were 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 was 
available at the discretion of the investigative judge. 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.
    In early May, police arrested Annette Auguste ``So Anne,'' a self-
proclaimed pro-Lavalas community organizer, in downtown Port-au-Prince 
and charged her with acting as the architect of the December 2003 
attack on state university students in Port-au-Prince. She remained in 
prison at year's end.
    Also in early May, HNP officers arrested without warrant Jean Maxon 
Guerrier, former Lavalas Mayor of the district of Delmas. The 
authorities failed to charge him with any crime and released him 1 week 
after his arrest.
    On October 2, the HNP arrested without a warrant three former 
Lavalas parliamentarians: Former Senate President Yvon Feuille, Senator 
Gerard Gilles, and former Chamber of Deputies member Roudy Heriveaux. 
The police claimed that they caught the three openly supporting and 
organizing a campaign of violence by pro-President Aristide supporters 
in Port-au-Prince that began on September 30. The police released 
Gilles a few days after his arrest; however, they later charged Feuille 
and Heriveaux with acting as the intellectual authors of the October 
campaign of violence in Port-au-Prince. On December 24, a judge granted 
them a provisional release pending the completion of the investigation 
of the charges against them.
    On October 13, police went to the residence of Father Gerard Jean-
Juste, a well-known Catholic priest and pro-Aristide activist, in an 
effort to question him on possible involvement in a campaign of 
violence. Father Jean-Juste was uncooperative, and the police arrested 
him without warrant. The police held him for 1 week, without a judicial 
determination, on suspicion of ``posing a threat to public order.'' On 
October 20, the State Prosecutor formally charged Father Jean-Juste 
with ``plotting against the security of the State.'' He was transferred 
to the National Penitentiary on October 21 and was subsequently granted 
a provisional release on November 29, pending completion of the 
investigation of the charges against him.
    Prosper Avril, former general and head of the military government 
from 1988 to 1990, escaped from the National Penitentiary on February 
29 and had not been rearrested at year's end.
    There were no developments in the pending trials of former Army 
officers Ibert Blanc, Rosalvo Bastia, and Pastor Ceriphin Franck, who 
were arrested without charges in February 2003 and later accused of 
conspiring against the security of the State.
    Prolonged pretrial detention remained a serious problem; however, 
discrepancies in HNP documentation made it impossible to determine what 
percentage of prisoners were in pretrial detention.

    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 from the 
executive branch. In the aftermath of the violence surrounding 
President Aristide's departure, the judicial system was nonfunctional 
for several months. The judicial system gradually reassembled itself in 
the spring, after the establishment of the IGOH and the installation of 
a Minister of Justice, but it remained weak with limited capacity to 
carry out normal judicial activities.
    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; however, 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 are present or they waive this 
right; this right also was abridged in practice. While trials are 
public, most accused persons could not 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 under funding 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 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 to perform their 
duties. Professional competence sometimes was lacking as well. The 
qualifying yearlong course at the Magistrates' school requires no 
previous legal training. 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.
    On March 31, an assailant beat and berated Judge Napela Saintil for 
having convicted (in absentia) Louis-Jodel Chamblain for the latter's 
role in the 1994 Raboteau massacre. Saintil identified his assailant as 
Leon LeBlanc, a neighbor who was arrested on April 3 and remained in 
prison at year's end.
    The Constitution sets varying tenure periods for judges above the 
level of justice of the peace.
    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 rarely, and autopsy reports seldom 
were issued. The Code provides for 2 criminal court sessions 
(``assises'') 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. Criminal assizes in Port au Prince have met once a 
year since 1998.
    During the first criminal assize held under the IGOH on August 16, 
former paramilitary leader Louis-Jodel Chamblain and former Port-au-
Prince police chief Jackson Joanis stood trial on charges stemming from 
their convictions in absentia for the death of businessman and Lavalas 
supporter Antoine Izmery in 1995. Chamblain fled to the Dominican 
Republic to avoid prosecution and returned during February as a leader 
of the armed rebellion against former President Aristide. On April 22, 
he surrendered to police. Joanis escaped from prison during the events 
of February 29 but on August 9, surrendered to the police. Under the 
law, their voluntary surrender to the police cancelled their 
convictions and entitled them to a retrial.
    On August 17, the Criminal Court of Port-au-Prince acquitted 
Chamblain and Joanis. The poor quality of the State's case due to lack 
of adequate preparation, a dearth of evidence, and an absence of key 
witnesses marred the retrial; however, at year's end, Chamblain and 
Joanis remained in custody to face separate charges for their alleged 
roles in other human rights violations, notably the 1994 Raboteau 
massacre (Chamblain) and the 1994 murder of Father Jean-Marie Vincent 
(Joanis). The timing of the trial, the verdict, and the subsequent 
threat of a lawsuit to harass human rights activists called into 
question the IGOH's commitment to respect for the rule of law and the 
strengthening of democratic institutions in the country (see Section 
4).
    Citizens deported to the country after completing prison sentences 
in foreign countries were detained until a family member agreed to take 
custody of them and their prison release order was processed, although 
there is no provision for such detention in the law. This generally 
took 1 to 2 months, but lasted as long as 4 months in unusual 
instances.
    There were no reports of political prisoners. Some groups loyal to 
former President Aristide alleged that there were over 55 Lavalas 
political prisoners in jail for purely political reasons during the 
year. Three prominent Lavalas prisoners, Parliamentarians Yvon Feuille, 
Rudy Heriveaux, and activist Lesly Gustave were released on December 
24; others such as former Prime Minister Yvon Neptune and a former 
Minister of Interior remained in jail at year's end, still awaiting 
investigation into charges against them (see Section 1.d.). The 
remaining Lavalas partisans still behind bars have been implicated in 
criminal or human rights abuses, but their cases remained mired in the 
judicial system where they awaited final determination.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices; however, 
police and other security force elements routinely conducted searches 
without warrants.
    When the HNP arrested Father Gerard Jean-Juste, the police did not 
have the proper search or arrest warrants.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--As the year began, the political 
impasse and violence stemming from the controversial results of the May 
2000 legislative and local elections erupted into an armed revolt led 
by ex-soldiers, many of whom previously had been implicated in human 
rights abuses. In the days that preceded and succeeded Aristide's 
February 29 departure, conflict between anti-Aristide and pro-Aristide 
groups increased, with instances of abuse reported on both sides. On 
February 5, the anti-Aristide Artibonite Resistance Front seized 
control of the city of Gonaives. Throughout the remainder of February, 
other armed groups opposed to the Aristide Government, including 
members of the ex-FAd'H, seized control of numerous towns, mostly with 
little resistance from local police. On February 29, amid escalating 
violence between government forces, rebel groups, and pro-Aristide 
paramilitaries armed by the Aristide Government, President Aristide 
submitted his resignation and departed the country. Following 
Aristide's departure, power vacuums developed in many provincial cities 
and rural towns, such as Cap Haitien, Hinche, and Petit-Goave, which 
lacked sufficient governmental security presence. In many of these 
places, heavily armed ex-FAd'H and former FRAPH members moved in to 
fill this void. Their activities produced credible reports of 
extrajudicial killings and retribution killings of Lavalas partisans 
throughout the year. Pro-Lavalas partisans also were implicated in 
violence and numerous killings in Port-au-Prince, including of police 
officers. Members of the HNP continued to commit extrajudicial 
killings. At year's end, IGOH authority largely was limited to central 
Port-au-Prince, with pro-Aristide groups in control of many of the 
Port-au-Prince slums, and anti-Aristide rebels in control of many towns 
in the countryside.
    On January 7, members of Lavalas popular organizations (OPs) 
attacked an anti-Aristide demonstration organized by State University 
students and the Democratic Platform in Port-au-Prince. After the 
demonstration was dispersed, armed civilians patrolled the city 
shooting in various directions and hindered demonstrators from 
returning home. During the violence, three demonstrators were killed, 
and several dozen persons were injured.
    On January 11, an unknown assailant shot and killed a pro-Lavalas 
demonstrator nicknamed ``Sonson,'' during an anti-Aristide 
demonstration in the provincial town of Miragoane. In response to the 
killing, other pro-Lavalas demonstrators set fire to seven private 
homes, cars, and businesses owned by opposition members. The crowd then 
attempted to burn opposition member Maxeau Gabriel (who survived the 
attack) and another person while in the hospital. Gabriel escaped from 
the hospital and fled to Port-au-Prince for medical attention.
    From February 9-29, large-scale politically motivated violence 
occurred in St. Marc between members of the pro-Aristide group Bale 
Wouze (``clean sweep'') and the opposition-affiliated group Assembly of 
Militants for the Commune of St. Marc (RAMICOS). On February 11, 
members of the HNP's CIMO unit along with heavily armed civilians from 
Bale Wouze laid siege to inhabitants of RAMICOS's neighborhood 
stronghold La Syrie, resulting in summary executions, kidnappings, 
torture, and other acts. According to the victim's assistance group for 
the residents of La Syrie, more than 50 persons were killed or reported 
missing, and several dozen houses either were ransacked and partially 
destroyed or burned.
    Residents of La Syrie claimed that on February 9, then-Prime 
Minister Yvon Neptune sparked the violence during a visit to St. Marc. 
The IGOH subsequently accused Neptune of being the intellectual author 
of the events. On June 27, Neptune surrendered to police and was 
charged with ``ordering and participating in the massacre against the 
population of St. Marc'' and for being responsible for ``the burning of 
numerous homes in St. Marc during the month of February.'' He remained 
in the National Penitentiary awaiting trial at year's end (see Section 
1.d.).
    In the period of violence and instability that followed Aristide's 
February 29 departure, the Institute for Justice and Democracy in Haiti 
documented a number of cases of reprisals against persons associated 
with the Aristide government.
    On March 2, Lavalas activist Andre Edward was shot twice in the 
back and killed on his way home.
    On March 7, Francillon Auguste, a member of the Aristide Foundation 
for Democracy, was severely beaten and later died of his injuries.
    In March, unknown assailants shot and killed 18-year-old Cassie 
Auguste outside of Gonaives. Witnesses and family members attributed 
Cassie's killing to a presumed association with pro-Lavalas chimeres, 
based on his dreadlock hairstyle, by local anti-Lavalas partisans. The 
authorities had made no arrests for the killing by year's end.
    On April 4 and 5, two brothers and activists of a pro-Lavalas 
popular organization were kidnapped by a group of armed men and 
reportedly killed.
    In the period before, during, and in the immediate aftermath of 
former President Aristide's resignation, there were numerous accounts 
of attacks on, and killings of, members of the media by both pro- and 
anti-Aristide groups (see Section 2.a).
    From September 30 through November, pro-Aristide partisans in Port-
au-Prince launched a campaign of destabilization and violence known as 
``Operation Baghdad'' (see Section 2.b.). This campaign included 
kidnapping, decapitation and burning of police officers and civilians, 
indiscriminate shooting at bystanders such as taxi drivers, students, 
parents and small merchants, and the destruction and incineration of 
public and private property. The violence prevented the normal 
functioning of schools, public markets, the seaport, and the justice 
system in Port-au-Prince for several weeks. The violence sporadically 
interrupted the delivery of humanitarian goods to the victims of 
Hurricane Jeanne in and around Gonaives. The armed groups responsible 
for the campaign claimed affiliation with the Lavalas party and 
demanded the return of former President Aristide. Most groups 
originated in populist, pro-Aristide areas of Bel Air, Martissant, La 
Saline, and Lower Delmas.
    From October 1 to 26, the public morgue of the state university 
hospital registered 127 gunshot-inflicted injuries and 63 deaths. Most 
of the injured came from the Martissant, La Saline, and Lower Delmas 
areas while the deceased originated from Fort National, Bel Air, Cite 
Soleil, and Carrefour.
    A police officer was killed on September 30 during the pro-Lavalas 
demonstration that sparked the violence.
    On October 1, the bodies of two other police officers, Jean 
Jodelere and Jimmy Charles, who were kidnapped on September 28, were 
discovered.
    On October 26, 13 young persons were summarily executed in the Fort 
National area of Port-au-Prince. Many witnesses attributed the killings 
to the HNP; however, it was not possible to determine responsibility 
for the act. Although accounts vary, several witnesses claimed that 5 
hooded men dressed in black, driving an HNP vehicle without license 
plates, appeared on the scene, entered a house known to sell drugs, and 
shot the 13 persons inside of the house. The Prime Minister and chief 
of police categorically rejected any police involvement in the crime; 
however, two active-duty police officers were arrested as the police 
investigation continued at year's end.
    On November 3, police chief of Port-au-Prince's fire brigade, Louis 
Dieufene, was shot and killed on his way home from work in the Poste 
Marchand area of the capital. The HNP claimed that the killing was 
carried out by pro-Aristide partisans who were acting out against the 
IGOH.
    In response to the violence that began on September 30, the HNP 
conducted sweeps of heavily pro-Aristide areas of Port-au-Prince in 
search of the perpetrators. Many arrests were conducted without 
warrants, and suspects were held in prolonged detention without seeing 
a judge (see section 1.d.). From October 7-13, 171 persons were rounded 
up and questioned by police; some were released shortly after 
questioning while others suspected of having direct involvement in the 
violence were detained. Press reports claimed that from September 30 
through early November, over 100 persons were killed in the violence.
    The MIF, present from the beginning of March until the end of May, 
killed six persons. According to the MIF, the use of force in all 
instances was necessary to protect lives.
    On March 9, MIF forces shot and killed two persons near the 
residence of then-Prime Minister Yvon Neptune. A MIF spokesperson 
stated that the forces returned fire on gunmen who were shooting from a 
nearby rooftop.
    On March 12, while patrolling the pro-Aristide district of Bel-Air, 
MIF forces reportedly killed at least two men during an exchange of 
gunfire.
    On December 14, MINUSTAH conducted an operation in Cite Soleil to 
help the HNP reestablish a presence and to provide order to the 
capital's largest slum. There were no reported civilian deaths 
attributed to MINUSTAH forces.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. Several times during the year, the 
Government publicly expressed support for free expression; however, 
before President Aristide's departure, 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 form of self-censorship to avoid offending 
sponsors or the politically influential. The Government did not 
restrict academic freedom.
    There were three French-language newspapers in the country. The 
newspapers had a combined circulation of less than 20,000 readers. The 
former government's L'Union was a government-run newspaper whose editor 
was the Secretary of State for Communication; however, in May, the 
IGOH's Minister of Culture and Communication, Magali Comeau-Denis, 
closed the newspaper. Some irregularly printed papers frequently 
criticized IGOH policies and strongly supported the Lavalas regime. 
There was virtually no Creole-language press. Several weeklies and 
monthlies produced by the foreign-based Diaspora, circulated in Port-
au-Prince.
    With a literacy rate of approximately 52-60 percent and limited 
access to television, the most important medium was radio, especially 
stations broadcasting in Creole. The 307 radio stations carried a mix 
of music, news, and talk show programs that many citizens regarded as 
their only opportunity to speak out on a variety of political, social, 
and economic issues. At least 133 unlicensed radio stations were in 
operation. There were 50 community radio stations and 20 radio-
televisions. Uncensored foreign satellite and cable broadcasts were 
available but limited in impact because most citizens could not afford 
televisions. The few stations carrying news or opinion freely 
broadcasted a wide range of political viewpoints.
    Although most radio stations and other forms of telecommunication 
nominally were independent, they were subject to a 1997 law designating 
the State as the 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.
    On February 18, government spokesmen and Lavalas OP leaders issued 
threats to the media, specifically mentioning five key media targets: 
Radio stations Vision 2000, Caraibe FM, Radio Kiskeya, Radio Metropole, 
and the television station Tele-Haiti.
    During the year, pro-President Aristide and Ex-FAd'H members 
attacked and, in some cases, killed members of the media.
    In February, threats and harassment by pro-Lavalas supporters 
forced Radio Maxima in Cap Haitian also to close after its Director, 
Jean Robert Lalane, was shot and injured.
    On February 5, Lavalas gang members beat Yves Bastien for 
broadcasting an interview with Roger Binry, who implicated government 
officials Jean Claude Jean Baptiste and Simson Liberus in the January 
13 sabotage of the radio and television station broadcasting equipment 
in Boutilliers.
    On February 27, pro-government gangs and partisans of former 
Lavalas Deputy Nawoon Marcellus burned the Northern branch of Radio 
Vision 2000 in Cap Haitian and sabotaged its Port-au-Prince branch. 
Those responsible remained at large at year's end.
    On March 1, Radio Solidarite stopped broadcasting news after 
receiving threatening telephone calls; there was no investigation into 
the threats, and broadcasts resumed on April 6.
    In early March, an anti-Aristide armed group reportedly shot at the 
home of Elysee Sincere, a correspondent for Radio Vision 2000 in the 
city of Petit-Goave. Sincere had filed a report that two groups were 
fighting for control of the town. The attackers burned his car and 
injured a relative of his.
    The men in jail for the killings of two journalists, Brignol Lindor 
and Jean Dominique, escaped on February 29. In August, the police 
rearrested Dynsley Millien and Jeudi-Jean Daniel, two of those charged 
with Dominique's death. Phillippe Markington, the other person charged 
in Dominique's death, remained at large at year's end. In March, police 
arrested Port-au-Prince deputy mayor Harold Severe and security agent 
Rouspide Petion for alleged involvement in the slaying. On July 1, the 
Supreme Court rejected an appeal by Daniel, Millien, and Markington. 
The Court's rejection meant that a new examining judge could be named 
to conduct another investigation.
    The Government did not limit access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, former President Aristide's 
government's increased repression of planned events and periodic 
prohibition of demonstrations ignored that freedom. Although some 
organizations were able to exercise this right without hindrance 
throughout the year, numerous violations frequently occurred in the 
capital as well as in the provinces in the first 2 months of the year. 
Authorities frequently failed to provide police protection for 
opposition parties, student groups, and women's 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. The IGOH generally respected the right of citizens to 
peacefully demonstrate; however, the HNP sometimes used force to 
control violent demonstrations (see Section 1.g.).
    Using tear gas and firing into the air, members of the HNP's riot 
control unit dispersed a January 1 demonstration organized by the 
opposition's Democratic Platform party and civil society.
    On January 21, the HNP stopped students from holding an anti-
government demonstration by firing live ammunition into the air and 
lobbing tear gas grenades into the group. The students were never able 
to get their demonstration started; however, across town in Delmas, 
pro-Aristide demonstrators marched without hindrance. The crowd 
eventually made their way to the National Palace where police allowed 
them past street barricades and up to the Palace gates where they 
reportedly met with President Aristide.
    On January 27, the HNP banned all street demonstrations; however, 
opposition groups defied the ban and continued to demonstrate.
    Many students who participated in the anti-Aristide student 
demonstrations in December 2003 reported threats during the year from 
police officers and gang members who collaborated with the police. The 
students and their families became targets of harassment that prompted 
some students to leave their homes and to go into hiding.
    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.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The Constitution prohibits the involuntary exile of citizens, and 
there were no reports of its use. During the year, former Aristide 
government officials often imposed internal and external exile upon 
themselves and their families for fear of retaliation by rebel groups 
or former military members (see Section 1.g.).
    An unknown number of undocumented migrants left the country to seek 
better economic opportunities. The Government's National Migration 
Office (ONM) was responsible for assisting citizens repatriated from 
other countries and frequently provided small sums of money to 
repatriated migrants for transportation. During the year, the ONM 
assisted 3,706 repatriated citizens.
    The law provides for the granting of refugee status or asylum in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution, but did not 
routinely grant refugee status or asylum.
    In March, the IGOH imposed a foreign travel ban on former Lavalas 
administration and police officials. The list included the names of 61 
former officials accused of human rights violations and other crimes. 
Human rights groups and the international community criticized the ban, 
and on September 30, the Government lifted the travel restriction for 
all individuals without charges pending against them.
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.
    In practice, the political system changed significantly following 
President Aristide's February 29 resignation and departure from the 
country.
    Boniface Alexandre, President (Chief Justice) of the Supreme Court, 
assumed office as interim President in accordance with the 
Constitution. On recommendation from the Council of Eminent Persons, 
who had been chosen by a Tripartite Commission including 
representatives of FL, the Democratic Platform, and the international 
community, the President chose Gerard Latortue as interim Prime 
Minister.
    On April 4, representatives of the IGOH, leaders of CD, the Group 
of 184, and at least one branch of the ``non-aligned'' parties agreed 
on a transition accord outlining the IGOH's mandate and committing it 
to organize elections in 2005. No representative of FL participated in 
the negotiations or signed the document, but the President's Chief of 
Staff announced that the document would remain open for all parties, 
including Lavalas, to sign. At year's end, FL leaders had not signed 
the transition accord, although some Lavalas representatives endorsed 
the IGOH.
    To implement the commitment to hold elections in 2005, the 
Government agreed to appoint a nine-person Provisional Electoral 
Council (CEP), with representatives from several parties including FL. 
When FL refused to nominate its representative, the Government 
appointed eight members; after several weeks, it appointed a ninth 
member to fill the FL slot. The CEP proceeded with its mandate and 
announced that municipal elections would be held on October 9, 2005 and 
the first round of legislative and presidential elections on November 
13, 2005.
    At year's end, many Lavalas members and foreign and domestic 
supporters charged that the IGOH had been pursuing a strategy designed 
to prevent FL from participating in the electoral process. Some groups 
alleged that more than 100 members of the FL had been imprisoned 
illegally. The IGOH responded that it had only detained those members 
of FL who had been accused of committing crimes. Three FL partisans 
were arrested in October for their alleged role in planning attacks 
during Operation Baghdad. On December 24, the IGOH released the FL 
members while the investigation into their case continued; however, 
Yvon Neptune, the former Prime Minister, remained imprisoned at year's 
end on charges related to the killings in La Syrie.
    Transparency International noted that the country was extremely 
corrupt, and there was a widespread public perception of corruption in 
all branches of 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. Three of the IGOH's 17 cabinet ministers were 
women.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. The IGOH cooperated 
with the various human rights observation missions and generally 
acknowledged their views but lacked the capacity to implement their 
recommendations. The Government permitted special missions and the 
continued presence of U.N. bodies and other international organizations 
such as the ICRC, the U.N. Independent Expert on Human Rights, the 
UNDP, the IACHR, and the Organization of American States' Special 
Mission's human rights office. However, threats, intimidation, and 
harassment from suspected human rights abusers and other sources 
against domestic NGOs continued during the year.
    Based on a recommendation from the U.N. Independent Expert on Human 
Rights, in March, a representative from the office of the U.N. High 
Commissioner for Human Rights (UNHCHR) conducted a 6-month assessment 
mission on the possibility of opening a permanent UNHCHR office in the 
country and concluded that such an office should be opened. The U.N. 
integrated an UNHCHR element into the peacekeeping force structure that 
included guidance and administration by an UNHCHR representative.
    From September 1-3, IACHR conducted an on-site visit to the country 
at the request of the IGOH. Based on their meetings with government 
officials, including the HNP Director General and the Minister of 
Justice, U.N. representatives, and local human rights organizations, 
the IACHR delegation concluded that the security situation in the 
provinces and the reemergence of armed groups who attempted to control 
those areas; the weak state of the administration of justice and the 
ongoing problem of impunity; violence against individuals based on 
their affiliation, perceived or real, with former President Aristide 
and his party; and rape of women and girls by armed groups meant that 
the basic rights and freedoms of citizens remained weak and imperiled. 
The Commission urged the IGOH to rectify the deficiencies and to make 
the protection of human rights a central component of the Government's 
work.
    At the national and international levels, human rights 
organizations were active and effective in monitoring human rights 
issues, meeting 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 (CARLI), the Ecumenical Center of Human Rights, and 
the Catholic Bishops' National Commission on Justice and Peace, made 
frequent media appearances and published objective reports on 
violations. Human rights organizations continued to focus on issues 
that were persistent problems in the country, including prison 
conditions, the widespread lack of health facilities, and impunity for 
criminals. All reported receiving threats as a result of their work.
    On February 6, human rights activist Kettly Julien of the Mobile 
Institute for Democracy Education and former regional HNP Director for 
the Artibonite Edouard Petit-Homme were arrested and held for a week on 
charges of ``plotting against the security of the State.'' On February 
10, a judge released Julien but Petit-Homme remained in jail until 
prison doors were opened releasing prisoners around the country in the 
days following February 29.
    On March 24, a substitute justice of the peace for the Delmas 
district of Port-au-Prince, accompanied by several men, arrived at 
CARLI's office and threatened to kill the staff because CARLI listed 
the judge on its monthly hotline list of human rights abusers. The 
threat was never carried out, but CARLI reported other incidents of 
harassment concerning their hotline reports.
    In June, local human rights activists reported a decline in the 
number of human rights violations throughout the country, while noting 
that the situation in the provinces remained tenuous due to lack of an 
effective governmental or police presence.
    In September, three members of the jury for the Chamblian/Joanis 
trial filed defamation of character charges against three members of 
local human rights organizations, Viles Alizar of NCHR, Renan 
Hedouville of CARLI, and Eliphete Saint-Pierre and Maxime Rony of the 
Platform of Human Rights Organizations for allegedly accusing jurors of 
being FRAPH sympathizers and therefore incapable of rendering a 
decision against the defendants (see Section 1.e.). The human rights 
groups viewed the lawsuits as government-condoned harassment. The judge 
later dropped the charges for insufficient evidence.
    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. The Government did not directly impede OPC 
investigations but did not always respond to its requests for 
information. Relations between the OPC and major human rights 
organizations such as the Platform for Human Rights and CARLI continued 
to be positive. Budgetary problems limited the OPC to four employed 
investigators, which hindered its ability to investigate human rights 
abuses.
    The Parliament's Justice and Human Rights Committee did not have a 
high profile and focused largely on judicial issues.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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 
against women. The degree of penalty correlates to the severity of the 
rape and the criminal court judge must decide on the actual penalty; 
however, the Government did not enforce these provisions adequately. 
According to women's rights groups and human rights organizations, rape 
and other abuses against women were commonplace and increased, both 
within and outside marriage. Women's shelters and organizations 
reported that local armed thugs frequently raped and harassed girls and 
women in the slums such as Cite Soleil and Martissant. Police 
authorities rarely arrested the perpetrators or investigated the 
incidents, and the victims sometimes suffered further harassment in 
retaliation. In April, one woman told AI delegates that she had 
received threats from a police officer who had been charged along with 
four other persons with raping her but had escaped from prison on 
February 29. In October, press reports quoted a representative from the 
CARLI that in August, 25 cases of rape by ex-soldiers had been 
reported. The Haitian Group for the Study of Karposi's Syndrome and 
Opportunistic Infections reported that from July to September, 81 women 
came for treatment after having been raped. The majority of assaults 
took place in Port-au-Prince. There were no government sponsored 
programs for victims of violence. The Criminal Code excuses a husband 
who kills 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.
    Prostitution was illegal; however, it remained a problem.
    The law does not specifically prohibit 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 did not enjoy the same social and economic status as men. In 
some social strata, tradition limited women's roles. A majority of 
peasant women remained in traditional occupations of farming, 
marketing, and domestic labor. Very poor female heads of household in 
urban areas also often had limited employment opportunities, such as 
domestic labor and sales. Laws governing child support recognize the 
widespread practice of multiple father families but rarely were 
enforced. Female employees in private industry or service jobs, 
including government jobs, seldom were 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.--Governmental agencies and programs to promote children's 
rights and welfare existed, but the Government lacked the capacity to 
adequately support or enforce existing mechanisms. Malnutrition was a 
major problem. According to the U.N., approximately 42 percent of all 
children under 5 were chronically malnourished. In December, UNICEF 
reported that 60 percent of rural households and 32 percent of urban 
households suffered from chronic food insecurity. 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 distributed donated food to children.
    The Constitution and the law provide for free, universal, and 
compulsory primary education. However, in practice, most rural families 
did not have 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 rationed education money to pay school fees only for male 
children.
    Child abuse was a problem. Government-sponsored 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.
    The law prohibits corporal punishment of children, and all schools 
must post clearly their disciplinary policies. The law 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.
    There were reports that children were trafficked within the country 
and forced to work as domestic servants (see Section 5, Trafficking).
    Port au Prince's large population of street children included many 
domestic servants, who were dismissed from or fled employers' homes 
(see Section 5, Trafficking). The Ministry of Social Affairs provided 
some assistance to street children.
    On January 24, HNP officers shot and killed orphan Frantzy Pierre 
in downtown Port-au-Prince.
    On January 27, an orphaned street vendor named Erick Voltaire was 
shot and killed by armed individuals who were suspected of having links 
to the Port-au-Prince police station.
    At the end of October, UNICEF issued a statement denouncing a 
campaign of violence targeting street children. On October 27, the 
bodies of four street children, two decapitated, were discovered in the 
public morgue. There were reports that unknown armed assailants roamed 
the capital and used the street children for target practice.
    On November 14, Wilfort Ferdinand ``Ti Will,'' former member of the 
Cannibal Army and current member of the Reconstruction Front of the 
Artibonite, shot and killed 6-year-old Francesca Gabriel in Gonaives 
during a lovers' dispute. He had not been brought to justice by year's 
end.
    The Ministry of Labor and Social Affairs' hotline for child abuse 
victims received more than 720 calls leading to action on 158 cases, 
either through initiation of criminal action against an abusive adult 
or removal of the child from an abusive situation. Eighty-three percent 
of the children involved in these cases were in domestic service, many 
were under the age of 12, and many reported abuses such as beatings, 
rape, and malnutrition. The work of the hotline was hampered by 
destruction of The Ministry of Labor and Social Affairs' Social Welfare 
and Research Institute's (IBESR) offices in the lawlessness following 
President Aristide's departure, but IBESR did retain the four 
additional monitors it hired in August 2003 to rescue children believed 
to be working in forced labor situations. Government officials placed 
rescued victims in shelters and in the care of local NGOs, such as 
Foyer Maurice Sixto, a children's shelter located in Port-au-Prince.
    Several international and local NGOs worked on children's issues. 
The Pan-American Development Foundation conducted training programs 
around the country for government officials and for persons who worked 
with children. UNICEF and Save the Children Canada and UK, in 
conjunction with local NGOs such as the Haitian Coalition for the 
Defense of the Rights of the Child (COHADDE), promoted children's 
rights by conducting studies of children's issues, most notably a study 
on child domestic labor (see Section 5, Trafficking), and awareness 
raising activities in the country.

    Trafficking in Persons.--The law prohibits trafficking in women and 
children; however, internal trafficking of children for domestic labor 
remained a problem, and the country also was a source for trafficked 
persons to the Dominican Republic, the United States, Europe (mainly 
France), and Canada.
    There were no penalties for trafficking in persons. The Government 
acknowledged the problem of internal trafficking and took steps to 
address it, despite the political crisis early in the year. The HNP's 
Brigade for the Protection of Minors (BPM) was created in May 2003 as a 
special unit under the HNP charged with investigating cases of child 
trafficking and monitoring movement of children across the border with 
the Dominican Republic. The BPM was functional; however, resource 
issues remained a barrier to its operational capacity. Government 
officials at local and national levels were trained on the legal 
framework for children's rights and methods of intervention to prevent 
and punish acts of child domesticity (restaveks) and trafficking. 
Interim President Boniface Alexandre denounced the restavek practice 
and called on his cabinet to take a more proactive role in the fight 
against trafficking in persons when he addressed a rally in 
commemoration of International Children's Day on May 13.
    In May 2003, the results of a joint governmental-NGO funded study, 
which covered the fiscal years 2001-02, noted that 173,000 children 
(8.2 percent) between the ages of 5 and 17 years, worked as restaveks. 
Labor laws require anyone who has a child domestic in their employ to 
obtain a permit from IBESR and to ensure the overall welfare of the 
child until they reach 15 years of age. Additionally, 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 
dismissed many restaveks before they reached that age.
    The results of the most recent study of trafficking across the 
border conducted by UNICEF in August 2002 reported that between 2,000 
and 3,000 children were trafficked to the Dominican Republic each year.
    Rural families continued to send young children, particularly 
girls, to more affluent city dwellers to serve as restaveks in exchange 
for that child's room and board. While some restaveks received adequate 
care, including an education, the Ministry of Social Affairs believed 
that many employers compelled the children to work long hours, provided 
them little nourishment, and frequently abused them (see Section 5, 
Children). The majority of restaveks worked in low-income homes where 
conditions, food, and education for nonbiological children were not 
priorities.
    In August 2003, the Ministry of Foreign Affairs approved the 
creation of three additional consulates along the Dominican border, 
which were charged with monitoring the movement of children across the 
border. The Ministry of the Interior also reinforced agents at border 
control points at the three international airports to watch for 
children who might be traveling unaccompanied or without their parents. 
The Ministry of Justice continued to circulate memorandums to 
magistrates around the country in an awareness-heightening campaign on 
the anti-trafficking law and on child labor laws. To address some of 
the social aspects of the restavek practice, the Government provided a 
subsidy of 70 percent for educational supplies, including books and 
uniforms. The Government also called on employers of child domestics to 
release them from their duties in the afternoon to allow them the 
opportunity to attend school.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. 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.

    Other Societal Abuses and Discrimination.--Societal discrimination 
occurred against persons with HIV/AIDS, particularly women, but 
educational programs and HIV/AIDS activists attempted to change that 
stigma.
    On June 29, a woman and her two children, ages four and five, were 
thrown out of a hospital in Jacmel after a medical test revealed that 
all three were HIV-positive.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the Labor Code 
provide for the right of association, which was generally respected in 
practice; however, the Labor Code dates from earlier governments and is 
far more restrictive. For instance, there is no legislation protecting 
the right of public employees to organize. The International Labor 
Organization (ILO) Committee of Experts commented on the need for the 
Government to recognize by law the right of public servants to 
organize. 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 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 labor 
force. Union membership decreased significantly, but unions remained 
active in the public sector.

    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; however, in practice the 
Government made little effort to enforce the law.
    High unemployment rates and anti-union 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 were problems 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 
established to resolve common labor-management disputes; however, the 
courts' judgments were not enforced. The courts function under the 
supervision of the Ministry of Labor and Social Affairs and adjudicate 
minor conflicts, but unions stated that the process was inefficient. 
Seven labor courts operated in Port-au-Prince, and in the provinces 
plaintiffs utilized municipal courts.
    The Labor Code provides for the right to strike, and workers (with 
the exception of managers, administrators, other heads of 
establishments, and public utility service workers) exercised this 
right in practice. 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.
    There was one export processing zone (EPZ) located in Ouanaminthe, 
a town on the Dominican border. Legislation governing free trade zones 
provide that the Labor Code applies in the EPZs, and the Government 
signed an agreement with textile company Grupo M to build a production 
facility in a newly established free trade zone on the border near 
Ouanaminthe. In October 2003, the International Finance Corporation 
(IFC) approved a loan to the company. Its provisions stipulated a 
social compensation plan for farmers and landowners displaced by the 
project. The IFC called for independent investigations into allegations 
of Grupo M abuse of workers and union organizers. Nevertheless, Batay 
Ouvriye, a labor organization of peasant workers, strongly opposed the 
project.
    Based on results from the IFC independent investigation, the IFC 
dispersed the $20 million (720,000,000 Gourdes) loan to Grupo M on 
January 15, and Grupo M's factory in Ouanaminthe, known by its Creole 
acronym KODEVI (Company for Industrial Development), opened. The 
conditions of the loan stipulated that Grupo M sign an agreement to 
respect the rights of workers to organize themselves into a union, and 
the Society of KODEVI Workers of Ouanaminthe (SOKOWA) became the 
officially recognized union at the plant. Since early February, SOKOWA 
members complained of worker exploitation and mistreatment at the hands 
of Grupo M management. Rounds of strikes and violence by union members, 
with the support of Batay Ouvriye, were followed by a series of 
employee terminations by KODEVI throughout the summer. The lack of any 
governmental security presence in Ouanaminthe combined with the absence 
of a labor inspector from the Ministry of Labor and Social Affairs in 
the factory further complicated the situation and cost KODEVI a tee-
shirt assembly contract. In May, Grupo M laid-off 843 employees from 
that module, reducing the workforce from 1,300 to 457. In August, the 
IFC intervened and proposed a binational mediation team. By year's end, 
there was some progress, although the mediation progress had yet to 
commence.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory 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, sometimes under harsh conditions (see Section 5).

    d. Prohibition of Child Labor 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. There is also a 
legal provision for employment of children between the ages of 12 and 
16 as apprentices. The Labor Code prohibits minors from working under 
dangerous conditions and prohibits night work in industrial enterprises 
for minors under 18. 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. Government agencies lacked the resources to enforce relevant 
laws and regulations effectively. According to COHADDE, children worked 
primarily as restaveks; however, some worked on the street as vendors 
or beggars, and some were involved in prostitution.
    The Government has not ratified and does not adhere to ILO 
Convention 182 on elimination of the worst forms of child labor.
    The Government designated IBESR to implement and enforce child 
labor laws and regulations. The Government has begun to place a high 
priority on the eradication of child domestic labor (see Section 5). 
Despite the Government's efforts, the budget for the Ministry remained 
inadequate 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.

    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 did not provide a decent standard of living for a 
worker and family. Some workers were paid on a piece-rate basis and 
earned 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 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.
    There is no provision for the payment of overtime.
    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. In this sector, working conditions 
were also generally better and there were no reports of child labor.
    There were no formal data, but unions alleged that job-related 
injuries were prevalent in the construction industry and public works 
sectors. Although they have the legal right to do so, in practice, 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.

                               __________

                                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 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. The Ministry of Public Security oversees police 
operations, and police are responsible for all internal 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 for most of the 
time to joint patrols with police to prevent and combat high levels of 
criminal and gang activity. The civilian authorities maintained 
effective control of the security forces. Members of the security 
forces, particularly the police, committed human rights abuses.
    The market economy is based primarily on agriculture and, 
increasingly, on the maquiladora (assembly manufacturing for export) 
industry. The country has a population of 7.0 million. The Central Bank 
estimated real economic growth for the year at 4 percent. About two-
thirds of the country's households live in poverty, and 45 percent of 
the population lives on less than $1.00 (18.65 lempiras) 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, with some cases going 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 new Criminal Procedures Code in 
effect 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.
                        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 
politically motivated killings by the Government or its agents; 
however, members of the security forces were suspected of direct 
involvement in extrajudicial, arbitrary, and summary killings.
    The killing of youths and children by vigilante type groups that 
may have included members of the security forces continued (see Section 
5).
    According to Public Ministry figures from the government's morgues 
in Tegucigalpa and San Pedro Sula, there were 3,685 persons killed in 
2003, a figure that almost certainly undercounted the actual number of 
murder victims. According to the Ministry of Public Security, 2,079 
persons were killed between January and July, compared with 2,822 in 
the same time period in 2003, figures that also undercount the actual 
number of victims. While statistics varied by institution, and the 
Ministry of Public Security figures showed a decline, there continued 
to be a high homicide rate and a very low case closure rate.
    In 2002, a group of armed men in a pickup killed five youths in 
Tegucigalpa, mimicking a 1995 torture and killing of youths. The 1995 
case was under consideration by the Inter-American Commission on Human 
Rights (IACHR) (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 (see Section 5). On April 16, a 
court found police officer Juan Carlos ``Tiger'' Bonilla and three 
other police officials innocent of a 2002 extrajudicial killing. The 
Public Ministry appealed that decision; however, on August 17, an 
appeals court upheld the April 16 ruling.
    There were deaths in prison during the year (see Section 1.c.).
    On December 6, alleged gang members shot and killed Christian 
Democratic congressional candidate Luis Armando Genawer Paguada in 
Tegucigalpa. An investigation was pending at year's end.
    There were no developments in the July 2003 killing by unknown 
assailants of environmental activist Carlos Arturo ``Oscar'' Reyes in 
his home.
    On March 7, police arrested Marco Tulio Vasquez Juarez and charged 
him with the November 2003 killing of Jose Daniel Chinchilla Lara, the 
Vice President of La Central Cooperativas Cafetaleras de Honduras. The 
case was pending at year's end.
    The case of Arlin Daniel Escobar Moli, arrested for the December 
2003 killing of priest Guillermo Antonio Salgado was pending at year's 
end.
    At year's end, no suspects had been captured for the 2002 killing 
of human rights activist Jose Santos Callejas, treasurer of the local 
office of the national NGO Human Rights Committee (CODEH), in his home 
near the city of La Ceiba by presumed members of an organized crime 
gang. The investigation of individual police officers for involvement 
in Callejas' killing continued at year's end.
    At year's end, police had not arrested any suspects for the 
November 2001 killing of Nationalist Party congressional candidate 
Angel Pacheco Leon in Valle department.
    Approximately 20 active and former military and police officials 
continued to face criminal charges in various courts during the year 
for human rights abuses committed during the 1980s. 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.). On 
October 19, the Government authorized the Solicitor General to come to 
an agreement with CODEH on the construction of a monument to those who 
disappeared in the 1980s. In a speech before human rights NGOs on 
November 4, President Maduro accepted responsibility on behalf of the 
Government for human rights abuses in the 1980s and promised to comply 
with Inter-American Court of Human Rights (IACHR) rulings. 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 continued to seek information using grass-
roots contacts and other sources outside the Government that would lead 
to exhumations that would advance prosecutions. Four clandestine grave 
sites reported by the press in April 2003 still had not been exhumed by 
year's end.
    The Public Ministry continued to be unable to bring new cases 
involving members of the now-disbanded army Intelligence Battalion 3-16 
whom various witnesses, survivors, and former HOAF personnel charged 
detained, tortured, and killed many of the 184 persons who disappeared 
during the 1980s (see Section 1.b.).
    At year's end, the Public Ministry continued its appeal of a 
September 10 ruling by a court in Catacamas in favor of Jorge Adolfo 
Chavez Hernandez, a former member of Battalion 3-16, for the 1998 
killing of environmental activist and Catacamas town councilman Carlos 
Antonio Luna Lopez. Jose Angel Rosa Rosa, arrested in 2002 with Chavez, 
remained in prison on unrelated environmental charges at year's end. 
Former security official Jose Marcos Hernandez Hernandez, also charged 
in the case, is deceased. Two other suspects remained at large. The 
case, brought by two NGOs in January 2003 to the IACHR, remained 
pending at year's end.
    In March, a court ruled in favor of Jaime Ramirez Raudales, a 
former member of Battalion 3-16, arrested in August 2003 for the 1988 
political killings of social activists Miguel Angel Pavon Salazar and 
Moises Landaverde Recarte. In July, the Public Ministry appealed the 
ruling to the San Pedro Sula appeals court, where it was pending at 
year's end.
    At year's end, Trejo was under house arrest, the appeals court had 
yet to issue a new judgment on the Trejo case, and the Supreme Court 
had not yet ruled on the Hernandez case. The case against Hernandez for 
the 1982 illegal detention and killing of Adan Avilez Funez and 
Nicaraguan citizen Amado Espinoza Paz was ongoing at year's end.
    At year's end, the case continued against Captain Billy Fernando 
Joya Amendola, former army Chief of Staff Oscar Ramon Hernandez Chavez, 
Raymundo Alexander Hernandez Santos, and Segundo Flores Murillo for the 
July 1982 killing of university student Hans Madisson. None of the 
accused were under arrest at year's end. At year's end, Jose Barrera 
Martinez, a witness in cases related to Billy Fernando Joya Amendola 
and Raymundo Alexander Hernandez Santos, was at large despite a pending 
arrest warrant.
    Although bank robberies and car thefts have declined since 2001, 
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. 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 Public Security, and some of them have been accused of 
taking the law into their own hands. 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 police. Since 2002, by 
law the Ministry of Public Security has required that all arms, 
including those of private security firms, have to be registered with 
the government. On March 13, security forces of the Agro Oriental 
company allegedly shot and killed Cesar Virgilio Pinot. An 
investigation into his death was pending at year's end.
    Several alleged ``killings for hire'' occurred during the year, 
usually related to land disputes or criminal activities.
    Three suspects were in jail and three remained at large in the 2001 
killing of community leader and environmental activist Carlos Roberto 
Flores in Olancho.
    The 2000 complaint filed by Casa Alianza with the IACHR regarding 
the illegal detention and killing by police of four youths in 1995 
(known as the four cardinal points case) remained under investigation 
by the Commission at the end of the year. In 2002, Casa Alianza filed a 
complaint regarding a 1998 case for the torture and killing of two 
minors in Progreso in which police were suspected of involvement. Casa 
Alianza had a total of six cases before the Commission; agreements were 
reached in two of these cases, and four cases were pending at year's 
end.
    As of October 31, the Ministry of Public Security reported that 
gang members killed at least 6 police officers during the year.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In cases where significant information is available, but no body 
has been identified, the Public Ministry's Human Rights office 
attempted to uncover evidence that could lead to clandestine graves. At 
year's end, an investigation continued into the involvement of former 
military officers Carlos Roberto Velasquez Ilovares and Mario Raul Hung 
Pacheco in the 1988 illegal detention of student activist Roger Samuel 
Gonzales Zelaya, whose body has not been found.
    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.).
    As of August, according to the Ministry of Public Security, there 
had been 4 kidnappings for ransom during the year, compared to 9 in 
2003 and 22 in 2002.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and other cruel 
treatment; however, there were isolated instances in which officials 
employed such practices. In addition, police beatings and other alleged 
abuses of detainees remained problems.
    In the cases of those accused of the 1982 illegal detention and 
torture of six university students: At year's end, the Public 
Ministry's appeal to the Supreme Court of the May 2003 appeals court 
ruling that Raymundo Alexander Hernandez Santos must be released from 
prison was pending; as was the Public Ministry's appeal of the failure 
of a court to try Juan Blas Salazar Meza him for the attempted killing 
and detention of all six students, after it had convicted him of 
illegal detention and sentenced him to 4 years' imprisonment; the 
courts continued to deny repeated Public Ministry appeals to have the 
arrest warrant of retired Captain Billy Fernando Joya Amendola 
reinstated while his case continued, and he remained free on bail; on 
January 26, charges were dismissed against retired Colonel Juan 
Evangelista Lopez Grijalba, for whom, along with retired Colonel Julio 
Cesar Funez Alvarez, arrest warrants had been issued in March 2003 for 
illegal detention; the Public Ministry's appeal of this decision was 
pending at the Appeals Court at year's end; retired General Jose 
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; and at year's end, the case continued against Roberto 
Arnaldo Erazo Paz and Manuel de Jesus Trejo Rosa.
    On June 29, the Supreme Court issued an injunction against the 
dropping of the arrest warrant for and ordered the appeals court to 
issue a new judgment in the case of retired Major Manuel de Jesus Trejo 
Rosa, arrested with Raymundo Alexander Hernandez for the 1982 illegal 
detention and attempted killing of Nelson MacKay Echevarria and Miguel 
Francisco Carias Medina.
    On June 28, a court sentenced former security officials, German 
Antonio McNeil Ulloa and Juan Blas Salazar Meza to 1 year 7 months in 
prison for the 1983 illegal detention and torture of student activist 
Luis Manuel Figueroa Guillen in Choluteca Department.
    Prison conditions were harsh and prison security was poor. 
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. Prison escapes, through 
bribery or other means, remained a frequent occurrence. While there are 
no precise statistics, a significant percentage of prisoners are 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, some by members of other gangs. 
Casa Alianza estimated that 98 children and young adults (age 23 and 
under) were killed in prisons and juvenile detention facilities between 
2002 and the end of August. During the year, prison authorities 
attempted to hold prisoners of opposing gangs in different facilities 
to reduce intergang tensions and violence. Both the Code of Criminal 
Procedure and the Law of Rehabilitation of Criminals contain provisions 
that provide for the transfer of inmates from one prison to another by 
prison authorities.
    On May 17, a fire at the San Pedro Sula prison killed 107 gang 
members. Some organizations charged that the Government was responsible 
for the deaths due to negligence, and investigations were pending at 
year's end.
    On May 3, the Public Ministry filed criminal charges, ranging from 
abuse of authority to attempted and actual murder and attempted and 
actual aggravated murder, against 51 persons, including 19 Preventive 
Police, 9 Prison Police, 2 Army soldiers, 1 Air Force soldier, 19 
prison ``trustees'' (non-gang member inmates who enforce discipline 
within the prison), and 1 regular prisoner, for alleged involvement in 
the deaths of 68 persons in April 2003, at El Porvenir prison near La 
Ceiba. On May 8, the judge in the case approved ``watched freedom'' 
(akin to a mild version of office or house arrest) for 39 persons, 
provisionally dismissed cases against 5 persons (2 Preventive Police, 2 
soldiers, and the regular prisoner) with the Public Ministry's 
concurrence, and closed a case against 1 ``trustee'' who had been 
killed. The judge also issued arrest warrants for those persons who 
failed to present themselves in court to face the charges. Among the 
problems the Public Ministry encountered during this investigation were 
missing evidence, shell casings found at the crime scene that did not 
match the weapons later given to the Public Ministry by police, and 
allegations that prison records were altered. In addition, prison 
authorities did not follow proper legal procedures in transferring Mara 
18 gang members to the La Ceiba prison. In December, Deputy Warden 
Oscar Sanchez, who was in charge at the time of the incident, was 
convicted of murder and attempted murder and faced a minimum sentence 
of 25 years in prison.
    More often than not, for lack of alternative facilities, wardens 
held the mentally ill, although there was a National Mental Hospital 
with drug and alcohol rehabilitation, and those with tuberculosis and 
other infectious diseases, among the general prison population. Human 
rights organizations accused prison officials of using excessive force 
against prisoners, including beatings, as well as isolation and 
threats. In the past, the National Human Rights Commission and the 
Special Prosecutor for Human Rights accused prison officials of using 
electric shocks and immersion in water.
    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 budgeted approximately $0.48 (9 lempiras) per day for food and 
medicine for each prisoner. Prisoners were allowed visits and in many 
cases relied on outside help to survive, since the prison system did 
not provide adequate food.
    The NGO CODEH continued government-funded programs to train Prison 
Police and other 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.
    Women generally were held in separate facilities under conditions 
similar to those of male prisoners; however, female prisoners did 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 operated juvenile detention centers in Tamara (one 
for boys and one for girls), El Carmen (for boys) in San Pedro Sula, 
and Jalteva (for boys) near Tegucigalpa. According to the Government, 
as of August, there were 399 children at these four centers. Although 
there was a lack of juvenile detention facilities, minors were detained 
infrequently in adult prisons. In 2002, Casa Alianza reported that the 
Government responded quickly to complaints of minors in adult prisons 
and no longer routinely held juvenile offenders in adult prisons. In 
2001, the Government and Casa Alianza agreed to earmark $182,000 (3 
million lempiras) compensatory payments under an IACHR agreement to 
assist juvenile offenders. Only 23 of the approximately 300 (out of an 
initial list of approximately 800) juvenile offenders who served time 
in adult prisons from 1995 to 1999 were compensated. On October 19, the 
Government authorized the Solicitor General to come to an agreement 
with Casa Alianza on the resolution of the legal details related to 
government responsibility for these actions so that IHNFA can use the 
remaining money for juvenile detention centers.
    At year's end, negotiations between the Government and Casa Alianza 
were ongoing related to the Casa Alianza complaint to the Inter-
American Court of Human Rights regarding four minors tortured in a 
Comayagua prison in 1995.
    Pretrial detainees generally were not separated from convicted 
prisoners. According to the Government, as of December, the 24 penal 
centers held over 10,931, the vast majority of them men, despite the 
fact that the capacity of these centers was for approximately 7,000. Of 
these 6,792 were pending trial and 4,139 had been convicted (see 
Section 1.d.). An additional approximately 11,000 persons were under 
house arrest.
    The Government generally permitted prison visits by independent 
human rights observers and such visits occurred during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, the authorities occasionally failed to 
observe these prohibitions.
    The Ministry of Public Security oversees police operations 
(Preventive Police, DGIC, Transit Police, Tourist Police, and Prison 
Police), and police are responsible for all public security issues. 
Police were underfunded, undertrained, and understaffed, and corruption 
was a serious problem. According to the Ministry of Public Security, 
from 2000 through August, 186 police had been prosecuted and 1,344 had 
been fired for reasons ranging from incompetence to corruption. There 
was widespread public concern at the inability of the security forces 
to prevent and control crime. During the year, police and military 
continued to patrol jointly the streets, however petty crime remained 
relatively high. The joint patrols were suspended temporarily and 
resumed before the end of the year. Gang violence and intimidation on 
the streets remained a serious problem, and gangs continued to 
intimidate, threaten, and rob passengers on public transportation, 
causing the government to station security officers on many public 
buses. 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.). Despite continued 
attention to the problem by the Government, perpetrators of killings 
against youth and minors, including in some instances police, continued 
to act with impunity.
    The Internal Affairs office investigates allegations of illegal 
activities against members of the police force, including the 
Preventive Police and the DGIC. The Internal Affairs office reports to 
the Attorney General's office, which decides whether to prosecute the 
offender or to return the case to the Minister of Public 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 Public 
Security, who can take disciplinary action or direct a supervisor to 
decide upon disciplinary action for minor infractions.
    The law states that police may arrest a person only with a court 
order, unless the arrest is by order of a prosecutor, made during the 
commission of a crime, or when there is strong suspicion that a person 
has committed a crime and may try to evade criminal prosecution, or is 
caught with evidence related to a crime. Police must clearly inform the 
person of the grounds for the arrest. The Preventive Police detain 
suspects and can investigate only misdemeanors, unless the DGIC is not 
available, in which case the law allows the Preventive Police to 
investigate misdemeanors and felonies. Police must bring a detainee 
before a competent authority within 24 hours; a prosecutor has 24 hours 
to decide if there is probable cause for an indictment. If a prosecutor 
decides to indict a suspect, the prosecutor presents an indictment 
before a judge, who then has 24 hours to decide whether to issue a 
temporary detention order that can last up to 6 days. Within this time 
period, a pretrial hearing must be held for the judge to examine 
probable cause and make a decision on whether or not pretrial detention 
should continue. Under the Criminal Procedures Code, bail is available 
for felonies and prisoners have access to family members.
    Lengthy pretrial detention was a serious problem; in 2002, an 
estimated 88 percent of the prison population awaited trial. The 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 clogged 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. The new Criminal 
Procedures Code 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 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 Criminal Procedures Code 
mandates 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. In addition, it provides for the use of house arrest in 
felony cases, depending on the seriousness of the crime as well as the 
suspect's criminal record and personal history.

    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. 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. Elected politicians 
previously enjoyed constitutional immunity as a privilege of their 
office.
    Congress voted in October 2003, and again on July 27 to amend the 
Constitution to revoke immunity for executive, legislative, and 
judicial employees. On December 30, congressionally approved procedures 
for prosecuting previously immune individuals were published. The 
Government had argued that new congressional implementing legislation 
was necessary before cases could be brought against senior officials. 
On February 19, a court sentenced Congressman Armando Avila Panchame to 
20 years' imprisonment for drug trafficking. His conviction marked the 
first time that a court had convicted a sitting congressman for drug 
trafficking. In July 2003, authorities arrested Congressman Mauro 
Caballero and charged him with environmental crimes on public lands; 
however, he claimed that he owned the lands in question and his 
immunity was not revoked. Congressman Melvin Tomas Regalado was 
arrested and charged with improperly influencing decisions leading to 
the release and flight of the prisoner Amilcar Antonio Portillo in 
March 2003 and subsequently requested that his immunity be waived. 
However, his immunity had not been revoked by year's end. On November 
25, alternate congressman Abelardo Diaz Escoto was ordered to sweep 
public streets for failing to comply with a judge's order in a domestic 
abuse case brought by the mother of his two children. Congressman David 
Romero Ehler remained in jail awaiting trial for raping his 
stepdaughter at year's end (see Section 3).
    During the past 10 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 3 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 (see Section 
3).
    There are 12 appeals courts, 77 courts of first instance with 
general jurisdiction, and 330 justice of the peace courts with limited 
jurisdiction. The Supreme Court names all lower court judges. 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 rulings. Numerous judges were accused of 
corruption or impropriety during the year.
    In 2003, Congress passed a decree stating that the Supreme Court 
ruling concerning proposed amendments to the Constitution that would 
have given Congress unfettered power to interpret the constitutionality 
of laws that it passes were unconstitutional could not be published; 
however, the May 2003 Supreme Court ruling still stood at year's end. 
The Constitution provides for the right to a fair trial. This right 
continued to improve in practice since implementation of the Criminal 
Procedures Code. Since the implementation of the new Code, there has 
been some improvement in the legal system's fairness toward those 
charged with crimes, and cases have been processed with greater 
efficiency than under the old system. On November 27, the Government 
published a provisional strategy for the protection of witnesses and 
victims in criminal cases.
    An accused person is presumed innocent and 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 which 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.
    A public defender program provides assistance to those unable to 
afford an adequate defense. There are over 232 public defenders that 
provided free legal services to 45 percent of the prison population in 
the main national penitentiary in Tamara during the year; 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 Code, cases cannot proceed if a suspect does not have 
legal representation. There were 50,551 persons represented by public 
defenders during 2003, and 39,505 persons represented by public 
defenders during the year. The demands placed on the public defender 
system severely overtaxed its resources.
    The new Criminal Procedures Code provides defendants with 
additional rights that reduce their likelihood of being detained, 
including strict timelines for actions during the criminal process. The 
new Code reduced the number of pretrial detainees and established 
procedures so that detainees will not be held in prison beyond their 
maximum prison term.
    In 2002, 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. By the end of the year, 73 percent of 
140,000 pending cases under the previous procedure had been dismissed 
or resolved. By law, backlogged cases must be resolved by 2006.
    The judicial system was staffed by poorly qualified judges; 
corruption, patronage, and politicization remained problems. The 
Supreme Court dismissed more than 19 judges on various charges, 
including corruption, in 2002, the last year for which data was 
available.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, 
Correspondence.--The Constitution prohibits such actions; however, 
there is an exception that allows entry at any time in the event of an 
emergency or to prevent the commission of a crime. There continued to 
be credible charges that police personnel failed at times to obtain the 
needed authorization before entering a private home. Coordination among 
police, the courts, and the Public Ministry remained weak; however, it 
improved somewhat with the creation in 2003 of unified centers for 
police, prosecutors, and public defenders that provide for more 
efficient operations.
    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). Despite reforms to the civil service system, party 
membership often was 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 
Police and Social Order Law restricts demonstrators from using 
statements that could incite persons 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 owned many 
news media. Systemic national problems, such as corruption and endemic 
conflicts of interest, also limited the development of the news media. 
The Government has various means to influence news reporting of its 
activities, such as the granting or denial of access to government 
officials. In May, all three branches of the Government and several 
private organizations continued the practice of granting awards, some 
accompanied by substantial sums of cash, to individual reporters on 
``Journalists' Day.'' Observers viewed them as little more than 
acknowledgments by the granting institutions of perceived services 
rendered. The Government also had considerable influence on the print 
media through its ability to grant or withhold official advertisements 
funded with public monies.
    The news media continued to suffer from internal corruption, 
politicization, and outside influences. Press silence could be bought 
by many means, including the practice of ministers and other high-
ranking government officials hiring journalists as public affairs 
assistants at high salaries. 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.
    Responsible journalists on many occasions conducted investigative 
journalism and presented corruption stories to the public's attention. 
However, in some cases 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 and a lack of access to government information and 
independent sources.
    On February 4, a court convicted journalist Renato Alvarez of 
defamation and slander against former Congressman Julio Eduardo 
Sarmiento for reading a document in 2003 on his TV talk show, ``Frente 
a Frente,'' that listed prominent figures allegedly linked to narcotics 
trafficking. On February 18, the court sentenced Alvarez to 2 years and 
8 months in prison but suspended the sentence and gave him 5 years' 
probation. In addition, the court ordered Alvarez to pay legal costs 
and stripped him of some civil and political rights, including the 
right to vote and the right to run for public office. On March 17, 
Alvarez's lawyer filed an appeal for annulment before the Supreme 
Court.
    The Maduro Government continued to regularly use the Cadena 
Nacional, a complete preemption of all television and radio 
broadcasting, to present presidential addresses. In addition, the 
President of the National Congress Porfirio Lobo, who is also a 
presidential candidate, often used the Cadena Nacional.
    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 several reports of threats or lawsuits 
against journalists by powerful persons, including legal cases against 
journalists for their reports on corruption cases.
    On March 12, an unknown assailant shot and injured journalist 
Edgardo Castro in San Pedro Sula. An investigation was pending at 
year's end.
    In November, Jhonny Lagos, the director of a new small independent 
monthly newspaper, El Libertador, and his family received anonymous 
telephone threats.
    At year's end, an investigation continued in the November 2003 
killing of journalist German Antonio Rivas in Santa Rosa de Copan, 
Copan Department.
    The Government did not restrict Internet access.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. However, police used 
force to disperse several protests, resulting in a number of injuries. 
In 2003, the Congress approved a bill that bans membership in street 
gangs and prescribes prison terms of 3 to 12 years (see ction 4).
    During the year, incidents in which protesters, including farmers 
or teachers, took over roadways in various departments met with police 
resistance. Police used tear gas and riot troops to clear roadways, 
injuring a number of persons in some of the incidents.
    In December, students protested government threats to close the 
National University. On December 13, the police used tear-gas to 
disperse a group of student demonstrators.

    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.
    For a more detailed discussion, see the 2004 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.
    Neither the Constitution nor the Penal Code explicitly prohibits 
exile, but the Government did not us it.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution, and granted refugee 
status or asylum. The Government accepted five persons for refugee 
status in 2003 and one person through October. In addition, the 
Government allowed 63 persons in 2003 and 13 through October to stay 
for humanitarian reasons, although they were not granted refugee 
status. The Government cooperated with the U.N. High Commissioner for 
Refugees, the International Office of Migration, and other humanitarian 
organizations in assisting refugees and asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Citizens choose a president, vice president, and 
members of the National Congress by free, secret, and direct balloting 
every 4 years. General elections were held in 2001, and in January 
2002, Ricardo Maduro Joest was sworn in as President for a 4-year term.
    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.
    Any citizen born in the country or abroad of Honduran parentage may 
hold office, except for members of the clergy, the armed forces, and 
the police. The clergy and members of the military or civilian security 
forces are not permitted to vote.
    Under a new electoral law passed in January that came into effect 
in April, voters will be able to select candidates based not only on 
their names but also on their photographs. Voters may participate in 
open primaries for three political parties on February 20, 2005, and 
general elections in November 2005. The new law limits campaigns to 4 
months and a political candidate can run for one political position 
only. An office of vice president was created and the current system of 
three presidential designates was eliminated. The law also mandates 
limited campaign finance reporting requirements. The new electoral law 
states that voters abroad only will be able to vote for president and 
vice president in the general election.
    The executive and legislative branches were subject to corruption 
and political influence. There was a widespread perception that 
government anti-corruption institutions were unwilling or lacked the 
professional capacity to investigate, arrest, and prosecute those 
involved in high-level corruption cases, especially cases involving the 
executive or legislative branches (see Section 1.e). The National Anti-
Corruption Council has not been able to make much headway against 
corruption.
    No laws permitted citizens to access information regarding 
government operations or decisions.
    There are no legal impediments to the participation of women or 
minorities in government and politics; however, opportunities for women 
to participate in politics remained quite limited, particularly for 
those seeking elected office. The 2000 Law of Gender Equality mandates 
that 30 percent of all candidates nominated for public office by 
recognized political parties be women. The new Electoral Law mandates a 
quota of no less than 30 percent participation by women officeholders. 
Congresswomen and women's groups strongly criticized all five parties 
for their lack of female representation in the congressional slates 
after the 2001 elections. There were 10 women in the 128-seat 
legislature, as well as 12 female alternates. There were 9 female 
justices, 1 of whom was president, on the 17-member Supreme Court; and 
1 of the 16 cabinet ministers were women. As of October, 25 of the 298 
mayors were women. Despite limited attempts at reform, politics 
remained a male-dominated hierarchy.
    There were few minorities or indigenous people in leadership 
positions in government or politics. There were no indigenous people or 
Garifuna (Afro-Caribbean) in the 128-seat legislature, although there 
was 1 indigenous and 2 Garifuna alternate congressmen.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
generally cooperated with these groups and were responsive to their 
views.
    In 2003 and during the year, several human rights organizations 
censured the Government for criticizing their challenges to the 
constitutionality of the anti-gang law. The human rights organizations 
alleged that the government's complaint created a perception that they 
were supporting members of gangs, which resulted in their receiving 
threats.
    On April 26, unknown assailants shot and killed human rights and 
land activist Marvis Guelio Perez in Cofradia. An investigation into 
his killing was pending at year's end (see Section 1.a).
    On May 27, unknown assailants assaulted Jose Idalecio Murillo, a 
leader of the Regional Coordination of Popular Resistance (CRRP). An 
investigation was pending at year's end.
    In June, Andres Pavon Murillo, Executive Director of the NGO CODEH, 
sought and received police protection after being threatened for his 
human rights work.
    On November 4, Juan Almendares Bonilla, Executive Director of the 
NGO Center for the Prevention, Treatment and Rehabilitation of Torture 
Victims and Their Relatives (CPTRT) and candidate for the presidential 
nomination in the Democratic Unification Party primary, said that he 
had received death threats. On October 26, unknown assailants ransacked 
the CPTRT office in Tegucigalpa. It was the third assault on the CPTRT 
office since January 2003.
    At year's end, an investigation continued into the 2002 killing of 
human rights worker Jose Santos Callejas in Atlantida (see Section 
1.a.).
    In 2002, Congress chose Ramon Custodio Lopez to serve a 6-year term 
as Human Rights Commissioner of the National Human Rights Commission 
(NHRC), an autonomous government institution. The NHRC director has 
free access to all civilian and military institutions and detention 
centers and 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. On September 13 the Government established the 
Interinstitutional Commission for Human Rights, constituting 
representatives of relevant government ministries, and inviting the 
Public Ministry and Supreme Court to participate. Custodio objected to 
the creation of the new commission as a potentially competing 
organization.
    The Congress has a Human Rights Committee; however, it did not play 
a significant role in the formulation of policy.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution bans discrimination based on race, sex, or class; 
however, in practice, the political, military, and social elites 
generally enjoyed impunity under the legal system.

    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; however, the Government struggled to enforce the law 
effectively during the year. From January-December, the Public Ministry 
received 3,184 reports of alleged domestic violence in the Tegucigalpa 
office alone. Of these reports, 790 became legal cases, with 592 
convictions and 26 dismissals. There were 171 reports of alleged 
``intra-family violence,'' a more serious crime under the law, with 194 
cases being prosecuted, and 12 reports of rape during the year, with 13 
cases being prosecuted.
    The Law Against Domestic Violence, intended to strengthen the 
rights of women and increase the penalties for crimes of domestic 
violence, 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. Since the Government began in 2002 to fund 
special courts to hear only cases of domestic violence, more cases have 
been resolved.
    The Government worked with women's groups to provide specialized 
training to police officials on enforcing the Law Against Domestic 
Violence. There were few shelters specifically for battered women, with 
only two offering physical shelter. An NGO operated 1 shelter in 
Tegucigalpa that could accommodate 20 women and their families. Six 
private centers for battered women offered legal, medical, and 
psychological assistance but not physical shelter.
    The penalties for rape range from 3 to 9 years' imprisonment, and 
the courts enforced these penalties in practice. 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 5, Trafficking).
    The law prohibits sexual harassment in the workplace; however, it 
continued to be a problem.
    Women 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, 
according to the National Statistics Institute. The law requires 
employers to pay women equal wages for equivalent work, but employers 
often classified women's jobs as less demanding than those of men to 
justify paying them lower salaries. Women often work in the low-status, 
low-pay, informal occupations, such as domestic work. The majority of 
the female labor force is in the informal sector where jobs are poorly 
remunerated and where there are no regulations or protections.
    Despite legal protections against such practices, workers in the 
textile export industries reported that they were required to take 
preemployment pregnancy tests. Pregnant employees and new mothers for 3 
months after the birth of their child have specific protections under 
labor law to prevent unjust firings (see Section 6.e.). Women are 
eligible for 4 weeks of paid maternity leave prior to the birth and 6 
weeks of paid maternity leave after the birth.
    Women are treated equally under the law with respect to property 
rights in divorce cases.
    The Government maintained a cabinet-level position directing the 
National Women's Institute, which develops women and gender policy. The 
Inter-Institutional Technical Committee on Gender supported gender 
units in five government ministries, and there was 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. There are many NGOs active on a wide range of women's issues, 
including the Center for the Study of Women-Honduras which has been 
active on trafficking in persons, commercial sexual exploitation, 
domestic workers, and other key issues.

    Children.--The Government was committed to children's rights and 
welfare.
    The Government provided free, universal, and compulsory education 
through the age of 13; however, in May, the National Statistics 
Institute's household survey estimated that as many as 125,000 children 
aged 7 through 12 failed to receive schooling of any kind; of these, 
almost 10,000 may never attend primary school. Older boys often drop 
out to assist their family by working. The May household survey also 
reported that women have an average of 5.6 years of primary education 
and men have an average of 5.3 years of primary education. The 
educational system faced fundamental problems: High dropout rates, low 
enrollment at the secondary level, unbalanced distribution of 
government spending, teacher absenteeism, and low quality of education 
in the classroom. By the year's end the Government had not taken 
measures to address these problems.
    The Government allocated 14.2 percent of its total expenditures 
(including foreign assistance) to the health sector (including salaries 
of doctors and medical workers) during the year. According to the most 
recent data available, a 2001 national survey on epidemiology and 
family health, infant mortality (deaths under 1 year of age) was 34 per 
1,000 live births, and child mortality (deaths under 5 years of age) 
was 45 per 1,000 live births. Of children ages 1 to 5, 32.9 percent 
were malnourished.
    The 1996 Code of Childhood and Adolescence established prison 
sentences of up to 3 years for persons convicted of child abuse. From 
January to August, the Public Ministry received 390 reports of alleged 
crimes against children, including child abuse, in the Tegucigalpa and 
San Pedro Sula offices. In 2003, the Public Ministry reported that 205 
cases of child abuse were tried during the year.
    Trafficking in children for commercial sexual exploitation s and 
child prostitution were problems (see Section 5, Trafficking).
    Child labor was a problem (see Section 6.d.).
    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 estimated the 
number of street children at 20,000, only half of whom have shelter on 
any given day. Many street children were sexually molested or 
exploited, and some were addicted to drugs, alcohol, and glue sniffing. 
The Tegucigalpa city administration operated 12 temporary shelters with 
a total capacity of 240 children. Casa Alianza operated 3 shelters for 
160 children, 1 for victims of commercial sexual exploitation, 1 for 
street children, and 1 for children with drug and alcohol problems.
    Despite continued attention to the problem by the Government, abuse 
of youth and children in poor neighborhoods and in gangs was a serious 
problem. Both police and members of the general population engaged in 
violence against poor youth and children; some of these children were 
involved in criminal activities. Estimates of the extent of the problem 
varied. According to the Casa Alianza, press reports indicated that 
2,520 children and young adults (age 23 and under) were killed between 
1998 and the end of the year. In 2003, the Minister of Government 
reported that 800 children were killed from 1988 to the end of 2003.
    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. Casa Alianza provided information of 
suspected police involvement in 15 cases in 2002, 13 cases in 2003, and 
2 additional cases during the year. In March, Juan Almendares, 
Executive Director of the NGO CPTRT, estimated that government agents 
were responsible for 13 to 22 percent of the killings. 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. The Ministry of Public Security, the focus of human rights 
criticism, publicly denied accusations of the whole police force's 
involvement in the killings, although it acknowledged that individual 
police had been investigated for participation in them. CODEH also 
conducted human rights training with the military during the year.
    There was some improvement in the government's ability to 
investigate and prosecute suspects in the killings of children and 
youth during the year. From July 2003 through December, the Special 
Investigative Unit on child killings had received 660 cases, 112 of 
which were forwarded to the Public Ministry for prosecution with the 
remaining 548 under investigation. Of the 112 cases forwarded to the 
Public Ministry, gang members were thought to be responsible in 54 
percent of the cases, individuals in 30 percent, and police or other 
government officials in 16 percent. The Public Ministry prosecuted and 
convicted 12 defendants in seven cases involving nine victims, four of 
them minors.
    In December, the IACHR Special Rapporteur for Children Paulo Sergio 
Pinheiro and Special Rapporteur for Prisoners Florentin Melendez 
visited the country to review the situation of gangs, including 
extrajudicial, arbitrary, and summary killings of youths and children, 
and prison deaths of gang members. The IACHR Special Rapporteur for 
Children had previously visited the country in September 2002 to review 
the situation. In September 2002, the U.N. Special Rapporteur on 
Extrajudicial, Arbitrary, and Summary Executions released a report 
based on her 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 killings involved police.
    A 2003 law outlawing gang membership prescribes prison terms 
ranging from 3 to 12 years, depending on the individual's level of 
involvement and seniority. In 2003, human rights organizations 
criticized the law and filed a brief before the Supreme Court arguing 
that the law is unconstitutional, but the Court dismissed the brief 
(see Section 4). As of August, 1,683 persons had been detained for 
illicit association under the law. Human rights organizations continued 
to criticize the law and its implementation. There are an estimated 30-
40,000 persons, many of them minors, who belong to gangs in the 
country. Membership is primarily confined to the large urban centers of 
Tegucigalpa and San Pedro Sula. The Mara Salvatrucha (MS 13) and the 
Mara 18 are the largest and most violent of the gangs. Together these 
two gangs account for roughly 40 percent of gang membership countrywide 
and a large amount of the violent crime.

    Trafficking in Persons.--The Legal Code includes provisions that 
prohibit trafficking in persons; however, there is no comprehensive 
anti-trafficking law. There were reports that persons were trafficked 
to, from, and within the country.
    Assorted penal, child exploitation, and immigration statutes 
criminalize trafficking and enable the Government to prosecute 
traffickers. 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 (DGPM), is responsible for enforcing the country's 
immigration laws although the DGPM does not have arrest powers. Many of 
the government's anti-trafficking measures were conducted in the 
context of combating the illegal movement of migrants. Corruption, a 
lack of resources, and weak police, Public Ministry, and court systems 
hindered law enforcement efforts. Corruption was a serious problem that 
made obtaining court convictions difficult. Some officials were 
investigated and dismissed for corruption.
    In October, a court convicted and sentenced a foreign citizen to 47 
years' imprisonment for commercial sexual exploitation of five girls in 
Danli.
    On October 21, a court convicted Roger Galindo, Marlene de Jesus 
Aguilar Galindo, and Sabina Cepeda of alien smuggling and trafficking 
in persons for running a prostitution ring uncovered in an April 2002 
raid in Texas. Sentencing was pending at year's end. Maria Isabel Cruz 
Zamora was still a fugitive with a pending arrest warrant.
    In October 2003, police arrested six persons in Tocoa for 
trafficking in persons and money laundering, and charged two persons 
with aggravated trafficking for sexual exploitation of their victims. 
The men were in jail, and the women under house arrest at year's end. 
Prosecution of these cases was ongoing at year's end.
    Canadian authorities cooperated with the Government during the year 
to identify and repatriate the minors. The Government continued to work 
with the Government of Mexico to repatriate over 200 minors working as 
prostitutes in southern Mexico. According to a local children's rights 
group, 408 children had been reported missing from 1990 to February 
2003. The Special Prosecutor for Children participated in a regional 
meeting in Costa Rica of Prosecutors for Children's Issues to discuss 
regional cooperation against trafficking and commercial sexual 
exploitation. The Special Prosecutor for Children worked with her 
counterpart in Guatemala on locating and repatriating children in 
Guatemala that were trafficking victims.
    The country was a source and transit point for trafficking for 
sexual and labor exploitation. Most victims were young women and girls, 
who are trafficked to Guatemala, Belize, El Salvador, Mexico, the 
United States, and Canada. Reports from Casa Alianza in 2000 asserted 
that approximately 250 children in Canada were coerced into 
prostitution or the sale of illicit narcotics.
    Women and children were trafficked internally, most often from 
rural to urban settings. The commercial sexual exploitation of children 
was a serious problem, and child prostitution was a problem in tourist 
and border areas of the country. Casa Alianza estimated in December 
2003 that there were approximately 8,335 children who were victims of 
some form of commercial sexual exploitation. The Special Prosecutor for 
Children conducted operations jointly with the police, the Honduran 
Institute for Children and the Family (IHNFA), judges, and Casa 
Alianza, to rescue victims and arrest and prosecute those responsible 
for these victims' exploitation.
    The Government, in conjunction with UNICEF, conducted a public 
information campaign against trafficking and commercial sexual 
exploitation, and raised awareness of children and women's rights and 
risks associated with illegal migration. The Government and NGOs held 
seminars on the prevention and eradication of the commercial sexual 
exploitation of children and trafficking in women and children in 
Tegucigalpa, La Ceiba, and Valle in 2003, and in San Pedro Sula, Santa 
Rosa de Copan, Puerto Cortes, and Tela during the year. Casa Alianza 
also conducted a public information campaign against commercial sexual 
exploitation of children. A national commission to combated child labor 
abuses and reincorporated working minors into educational programs. 
Several government agencies, international organizations, and NGOs have 
developed a national plan against the sexual exploitation of children.
    The Government did not provide any assistance to foreign victims of 
trafficking, nor does it provide funding for NGOs helping victims. In 
July, Immigration authorities inaugurated a shelter for third country 
illegal immigrants pending deportation to their home countries. The 
shelter was built by the International Organization for Migration using 
assistance from an international donor. The Government worked with the 
ILO's International Program to Eradicate Child Labor (IPEC) and NGOs to 
provide training to the press on trafficking in persons. Two centers in 
Tegucigalpa and San Pedro Sula assisted citizens deported from other 
countries to relocate in the country. The centers' activities continued 
during the year, with the assistance of several international 
organizations. Consular officials are aware of trafficking issues when 
abroad. On April 22, Casa Alianza signed an agreement with the Ministry 
of Government and Justice and the Directorate of Immigration to protect 
children who are victims of trafficking/commercial sexual exploitation 
outside the country. As part of the agreement, the Government committed 
to inform Casa Alianza about any repatriation of minors.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services; however, there is no 
specific statutory or constitutional protection for them. It is illegal 
for an employer to discriminate against a worker based on disability. 
There is no legislation that requires access by persons with 
disabilities to government buildings or commercial establishments.

    Indigenous People.--Some 490,000 persons, constituting 9 percent of 
the general population, were members of indigenous and Afro-Caribbean 
ethnic groups. The Miskitos, Tawahkas, Pech, Tolupans, Lencas, Chortis, 
Nahual, Islanders, and Garifunas lived in 362 communities and generally 
had 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. Indigenous and nonindigenous communities criticized the 
government's exploitation of timber; however, government policy over 
natural resources changed in 2002 and reportedly included greater local 
participation.
    Land disputes were common among all sectors of society; however, 
the lack of clear title and property boundaries of indigenous land 
claims often lead 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.). 
In 2002, 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 killings. These cases were still pending at year's 
end. The Government worked with various indigenous groups on management 
plans for public and ancestral lands that they occupy. Security 
officials and private landowners were accused of participating in 
approximately a dozen killings 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 lead indigenous 
groups to attempt to regain land through invasions of private property, 
which usually provoked the authorities into retaliating forcefully. The 
Government was somewhat responsive to indigenous land claims; however, 
numerous cases remained unresolved because of conflicting claims by 
influential individuals.
    In 2002, the INA reduced its issuance of titles to indigenous 
groups because of lack of funds to compensate private owners and 
expected changes in land use laws. The INA continued to play a weak 
role in mediating land claims of indigenous and farmer groups.
    Human rights organizations, including Amnesty International (AI), 
complained about alleged poor treatment, police beatings, and denial of 
adequate medical care for indigenous brothers Marcelino Miranda Mendoza 
and Leonardo Miranda Mendoza, members of the Civic Council of 
Indigenous and Popular Organizations of Honduras (COPINH). Jailed in 
January 2003, the brothers were later convicted and in December 2003 
sentenced to 29 years in jail in Gracias, Lempira for the 2001, murder 
of Juan Reyes Gomez and the attempted murder of Demetrio Reyes. On 
November 11, the Supreme Court overturned the 25-year sentence for 
Gomez's murder, and ordered the appeals court to reconsider the case.

    Other Societal Abuses and Discrimination.--In September, AI alleged 
that thousands of homosexual and transgender persons in the country 
faced discrimination and attacks on a daily basis.
    On August 27, the Government granted legal recognition to three 
NGOs working on homosexual issues: the Violet Collective, the San Pedro 
Gay Community, and Kukulcan.
    In September 2003, AI reported that approximately 200 homosexual 
and transsexual workers were killed between 1991-2003. In July 2003, 
two policemen allegedly shot and killed Eric David Yanez, a transgender 
member of the NGO San Pedro Sula's Gay Community. The investigation 
into the killing was pending at year's end.
    HIV positive persons were at risk of discrimination. In 2002, 
UNAIDS estimated the overall HIV prevalence rate at 1.9 percent, 
although available data on HIV/AIDS incidence was underreported. The 
male to female ratio of HIV infection was 1.2:1. UNAIDS estimated there 
were at least 63,000 adults living with HIV and almost 14,000 orphans 
in the country due to HIV/AIDS related deaths. An estimated 30 to 50 
percent of total AIDS cases are still not reported. According to the 
Ministry of Health in July, 21,196 HIV positive cases had been 
reported, with 16,346 AIDS cases (9,580 men and 6,765 women).
Section 6. Worker Rights
    a. The Right of Association.--Workers exercised the legal right to 
form and join labor unions. Approximately 7.3 percent of the work force 
is unionized. The International Labor Organization (ILO) has 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, the requirement that trade union organizations must 
include more than 90 percent Honduran membership, the prohibition on 
foreign nationals holding union offices, the requirement that union 
officials must be employed in the economic activity of the business the 
union represents, and the restriction on unions in agricultural 
businesses with less than 10 employees.
    A number of private firms have instituted ``solidarity'' 
associations to provide credit and other services to workers and 
managers who are members of the associations. Representatives of most 
organized labor groups criticized 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.
    While the Labor Code prohibits retribution by employers for trade 
union activity, it was a common occurrence. Some employers threatened 
to close unionized companies and harassed workers seeking to unionize, 
in some cases dismissing them outright. Despite legal protections, 
workers were most vulnerable for being fired while forming unions. Some 
foreign companies closed operations when notified that workers seek 
union representation.
    The Ministry of Labor can reach administrative decisions on 
allegations of unfair dismissal and fine companies, but only a court 
can order reinstatement of workers. The labor courts routinely 
considered hundreds of appeals from workers seeking reinstatement and 
back wages from companies that fired them for engaging in union 
organizing activities. Workers often accepted dismissal with severance 
pay rather than wait for a court resolution due to the length of this 
process. Lack of effective reinstatement of workers was a serious 
problem. Once a union is recognized, employers dismiss relatively few 
workers for union activity.
    The Labor Code prohibits blacklisting; however, there was credible 
evidence that blacklisting occurred in maquilas. A number of 
maquiladora workers who were fired for union activity have reported 
being hired for 1 or 2 weeks and then being let go with no explanation. 
Maquiladora employees reported seeing computer records that included 
previous union membership in personnel records. Some employers informed 
previously unionized workers that they were 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 did not always provide effective protection to labor 
organizers. In 2002, 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. Once a union is registered, its 
board of directors has specific protections under the law to prevent 
illegal firings.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and to bargain collectively, and the 
Government protected this right in practice. By law, an employer must 
begin collective bargaining once workers establish a union; however, 
employers often refuse to bargain with a union.
    The Constitution provides for the right to strike, and workers 
exercised this right in practice. The law prohibits strikes in 
essential services and petroleum production, refining, transport, and 
distribution. The ILO criticized the Civil Service Code's denial of 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 also 
criticized the broad restriction on strikes in petroleum-related 
industries. The ILO noted that labor 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, rather than a simple majority; the ILO 
asserted that these requirements restrict freedom of association.
    The same labor regulations apply in the export processing zones 
(EPZs) as in the rest of private industry, except that the law 
prohibits strikes. There were approximately 20 EPZs. Each EPZ provides 
space for between 4 and 10 companies. At year's end, approximately 60 
of the country's 226 maquiladora firms were unionized. Approximately 13 
percent of the 131,000 maquiladora work force is unionized, according 
to October statistics from the Ministry of Labor.
    In the absence of unions and collective bargaining, the management 
of several plants in free trade zones instituted solidarity 
associations that, to some extent, function as ``company unions'' for 
the purposes of setting wages and negotiating working conditions. 
Others used 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 accused the Government of allowing private companies 
to act contrary to the Labor Code. They criticized 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, contended that the obsolete and cumbersome 
Labor Code discouraged foreign investment and required significant 
amendment. The Ministry of Labor sought to address these deficiencies 
by obtaining increased funding in the government's budget in 2002 and 
2003, by dismissing or transferring Ministry of Labor employees whose 
performance was unsatisfactory, by strengthening regional offices to 
facilitate worker access to Ministry of Labor services, and by 
continuing 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 inspectorate office and an office for female 
workers.
    There were 105 general labor inspectors; however, the Government 
acknowledged that it did not adhere completely to international labor 
standards. In conjunction with other Central American nations, the 
country in 1997 agreed to fund a regional program to modernize the 
inspection and labor management functions of all regional labor 
ministries. In August 2003, the Ministry of Labor issued a legal notice 
that clarified the obligation of employers to grant access to labor 
inspectors.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
the law prohibit forced or compulsory labor, including by children; 
however, there were credible allegations of compulsory overtime at 
maquiladora plants, particularly for women, who made up an estimated 65 
percent of the workforce in the maquiladora sector according to October 
statistics from the Ministry of Labor. Prison labor can be compulsory 
for convicted criminals.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Constitution and the Labor Code prohibit the employment of minors under 
the age of 16, although children who are at least 14 years of age may 
work with parental and Ministry of Labor permission; however, child 
labor was a significant problem. The Children's Code prohibits a child 
under 14 years of age 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 was not enforced effectively. An 
employer who legally hires a 14- to 15-year-old must certify that the 
child has finished, or is finishing, compulsory schooling. The Ministry 
of Labor grants a limited number of work permits to 14- to 15-year-old 
children each year. Minors are prohibited from working in undersea 
fishing or outside of the country's borders. Minors 14 to 15 years old 
are allowed to work only 4 hours daily and 20 hours weekly; 16- to 17-
year-olds can work 6 hours daily and 30 hours weekly. The Labor Code 
prohibits night work and overtime for minors under age 16, and also 
requires that employers in areas with more than 20 school-aged children 
on their farm, ranch, or business must provide a location for a school.
    The Ministry of Labor did not enforce effectively child labor laws 
outside the maquiladora sector. Violations of the Labor Code occurred 
frequently in rural areas and in small companies. Significant child 
labor problems existed in family farming, agricultural export 
(including the melon, coffee, and sugarcane industries), and small-
scale services and commerce. The most recent survey by the Honduran 
National Institute of Statistics in 2002 determined that approximately 
367,405 children (or 16 percent of children) work illegally, the 
majority for their own families, in the informal sector, and in rural 
areas. Of the children, 74 percent are boys, 69 percent live in rural 
areas, 56 percent work in agriculture, and 24.4 percent work in 
commerce. Of these children, 61 percent work unpaid for their families 
and 28 percent are paid for work outside their families. Many of these 
children work out of economic necessity alongside other family members. 
Boys between the ages of 13 and 18 worked as lobster divers with little 
safety or health protection. Children who worked on melon and sugarcane 
farms were exposed to pesticides and long hours.
    The NGO Casa Alianza documented more than 1,000 minors in Honduras 
that were the victims of commercial sexual exploitation in 2003.
    There were isolated cases of the employment of children under the 
legal working age in the maquiladora sector. (Younger children 
sometimes obtained work permits by fraud or purchase forged permits.)
    The Ministry of Labor continued a campaign to increase industry 
awareness on the worst forms of child labor.
    In 2002, the Government swore in new members of the interagency 
National Commission for the Gradual and Progressive Eradication of 
Child Labor. The ILO/IPEC continued its programs to eradicate the worst 
forms of child labor in melon and coffee production. ILO/IPEC also had 
programs combating the commercial sexual exploitation of children, 
children working as lobster divers, children working in the garbage 
dump of Tegucigalpa, and child domestic workers. In addition, an 
international donor funded an 18-month pilot project, which began in 
2003, with an NGO to help provide education to children working or at 
risk of working in commercial agriculture. In September, an 
international donor launched a new regional program to combat 
exploitative child labor in the region and strengthen government and 
civil society's capacity to address the educational needs of working 
children. The Ministry of Education developed an Education for All plan 
to increase access to preschool and primary education; improve the 
quality of preschool and primary education by encouraging new teaching 
methods, improving curriculum, and reducing drop-out rates, repetition, 
and desertion rates; and increase student achievement.

    e. Acceptable Conditions of Work.--The law provides for the 
establishment of a minimum wage. On April 1, minimum wages that were 
renegotiated by the Government, the private employers' association, and 
the three labor confederations went into effect for the year. Unlike 
past years when the raise was backdated to January, the raise was not 
retroactive. The daily minimum wage scale is broken down by sector and 
by size of business: small (1-15 workers) and large (16 or more 
workers). The scale ranges from $2.97 (54.7 lempiras) for workers in 
small agriculture to $4.88 (89.7 lempiras) for workers in financial/
insurance companies and workers in export-oriented businesses 
(including maquilas and commercial agriculture such as tobacco, coffee, 
bananas, and seafood). Workers in areas such as construction, services, 
mining, transportation, communication, etc., had minimum wages in 
between these two rates. The raise was approximately 12 percent for 
workers in small agriculture, but approximately 9 percent for most 
other workers. The inflation rate in 2003 was 6.8 percent.
    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 lacked the personnel and other resources for effective 
enforcement. The minimum wage did not provide a decent standard of 
living for a worker and family.
    The law prescribes a maximum 8-hour workday, a 44-hour workweek, 
equivalent to 48 hours' wages, and at least one 24-hour rest period for 
every 6 days of work. 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 enjoyed equal protection 
under the law, although the process for a foreigner to obtain a work 
permit from the Ministry of Labor was 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, training, and equipment from an international donor to 
improve its regulatory capacity. There were 14 occupational health and 
safety inspectors throughout the country. The informal sector, 
comprising more than 52 percent of all employment according to the 
Ministry of Labor, was regulated and monitored poorly. Worker safety 
standards also were 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.

                               __________

                                JAMAICA

    Jamaica is a constitutional parliamentary democracy. In the free 
and fair 2002 general elections, Prime Minister P.J. Patterson's 
People's National Party (PNP) won 34 of the 60 seats in the House of 
Representatives. The PNP also was allocated 13 seats in the 21-seat 
Senate. The judiciary is independent but lacked adequate resources.
    The Jamaica Constabulary Force (JCF) had primary responsibility for 
internal security and was assisted by the Island Special Constabulary 
Force. The Jamaica Defence 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 (although the coast guard had powers of maritime 
arrest), unless so ordered by the Prime Minister. Two JDF battalions 
were detached as part of a joint internal security operation to assist 
the JCF in patrolling certain communities. The Prime Minister 
occasionally authorized the JDF 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 serious human rights 
abuses.
    The market economy was based largely on tourism, production of 
primary products (bauxite and aluminum, sugar, bananas), and 
remittances. The country's population was approximately 2.7 million. 
The economy grew by an estimated 3 percent during the year. While wages 
and benefits generally kept pace with inflation, there was a large gap 
between the wealthy and the impoverished. On September 11, heavy rains 
and strong winds from Hurricane Ivan damaged nearly every sector of the 
economy. It was estimated that the hurricane adversely impacted gross 
domestic product growth by approximately 2 percent.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in some areas. Members 
of the security forces committed unlawful killings. Mob violence 
against and vigilante killings of those suspected of breaking the law 
remained a problem. Police and prison guards allegedly 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. Trafficking in persons 
was a problem. There were cases of societal discrimination against 
persons with disabilities. Violence against individuals suspected or 
known to be homosexuals occurred, as did discrimination against persons 
living with HIV/AIDS. Child labor was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reported politically motivated killings by the Government or its 
agents; however, security forces committed some unlawful or unwarranted 
killings during the year.
    The police frequently employed lethal force in apprehending 
criminal suspects. Police encounters with criminals resulted in 119 
deaths (including 11 police officers) compared with 127 deaths 
(including 13 police officers) in 2003. While allegations of ``police 
murder'' remained frequent, the validity of some allegations was 
suspect. The country faced a critical crime situation with a homicide 
rate exceeding 54 per 100,000 persons, the highest in its history. 
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.
    In October, the U.N. Commission on Human Rights released the report 
of the U.N. Special Rapporteur on Extrajudicial, Summary, or Arbitrary 
Executions, which stated that the country had an unacceptably high 
number of questionable police shootings and should hold more policemen 
accountable for their actions. The Ministry of Foreign Affairs and 
Foreign Trade called the report ``fairly balanced,'' and noted that 
measures to improve the situation had been taken.
    On March 2, police killed three men in Burnt Savannah, 
Westmoreland, in what police described as a shootout. However, 
eyewitnesses claimed that police ordered the men from their car and 
shot them at close range. The civic action group Families Against State 
Terrorism met with witnesses and assisted in protecting the crime 
scene. The investigation by the Bureau of Special Investigations (BSI) 
continued at year's end.
    On September 19, members of the JDF allegedly killed Sandra Sewell 
and Gayon Alcott in August Town, St. Andrew. JDF soldiers, along with 
police officers, were patrolling the area to enforce a curfew during 
the state of public emergency that was imposed during and immediately 
following Hurricane Ivan. At year's end, an investigation by the BSI, 
with assistance from an outside forensic expert provided by Amnesty 
International (AI), was ongoing.
    On December 24, police killed 15-year-old Donovan Hayles and 7-
year-old Shakeira Thompson and injured two others in Old Braeton, St. 
Catherine. The JCF described the incident as a shootout with gunmen; 
however, local residents claimed Hayles was disarmed, and that police 
randomly fired assault rifles to give the appearance of a shootout, 
killing Thompson in the process. The BSI was investigating the incident 
at year's end.
    On April 21, following months of investigations, the Department of 
Public Prosecutions (DPP) charged six JCF officers, including Senior 
JCF Superintendent Reneto Adams, in the 2003 killing of four people at 
a home in Crawle, Clarendon. At year's end, a court date was set for 
February 2005.
    Following independent investigations by AI, the DPP overturned the 
decision of a coroner's jury and charged six police officers in the 
2001 killing of seven youths in Braeton, St. Catherine. The trial was 
scheduled to begin in January 2005.
    In April, the JCF announced that officers from Scotland Yard had 
been called to assist with the investigation of the 2003 police killing 
of two elderly men in the community of Flankers, St. James. The BSI-led 
investigation was ongoing at year's end.
    On December 2, a 12-member jury in the Home Circuit Court acquitted 
two policemen charged with the 2002 murder of 7-year-old Romaine 
Edwards.
    There were no developments and none were expected in the 2002 
police killing of Daemon Roache.
    On October 1, the Chief Justice denied a joint family-
nongovernmental organization (NGO) appeal for judicial review of the 
2000 police killing of Janice Allen, reportedly for a lack of evidence. 
AI stated that the investigation was ``marred by witness intimidation, 
official incompetence, and delay.'' The DPP had ordered the responsible 
police officer arrested and charged in 2003, but a judge subsequently 
dismissed the case. The family was planning an appeal for judicial 
review in the Supreme Court, and was awaiting a court date at year's 
end.
    During the year, at least two detainees died while in police 
custody; there was no evidence of negligence.
    Vigilantism and spontaneous mob killings in response to crime 
continued to be a problem. There were at least 14 vigilante killings 
during the year, with varying motives. On August 9, a mob killed a man 
in the parish of St. Catherine who was accused of killing a woman and 
injuring her daughter. Human rights advocates contended that police did 
not consider such killings a priority and expressed concern that the 
perpetrators rarely were charged.
    On June 9, unknown assailants stabbed and killed Brian Williamson, 
one of the country's most visible homosexual rights activists (see 
Section 5).

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    On December 23, police allegedly abducted two men in Kingston. 
Witnesses reported that two members of the JCF Organized Crime Unit 
(OCU) handcuffed and took two men into custody. At year's end, the two 
men remained missing, and one of the OCU officers was detained in 
police custody. The media reported that the JCF called in Scotland Yard 
officers to assist in the investigation.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; 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 custody.
    The law prohibits homosexual relationships, and a culture of severe 
discrimination persisted. There were numerous cases of violence against 
persons based on sexual orientation, including by police and vigilante 
groups (see Section 5).
    In March, six police officers were accused of raping a prostitute 
in Negril, Westmoreland. The officers were transferred following the 
incident but remained on front line duty. The BSI was investigating the 
case and awaiting results of DNA tests at year's end.
    Prison conditions remained poor and often were characterized by 
overcrowding, inadequate diet, poor sanitary conditions, and 
insufficient medical care. There were no reports of prison riots. There 
were at least two reports of riots at police detention centers.
    At year's end, the proceedings brought by the Public Defender 
seeking compensation from the Government for a prisoner who allegedly 
was beaten to death by other prisoners in 2002 at Mandeville police 
station were halted after the results of an independent post-mortem 
proved inconclusive.
    There were no new developments and none were expected in two 2002 
cases of prisoners in Bull Bay and Manchester police lockups who died 
in police custody.
    A separate prison for women--the Fort 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. Fort Augusta was also relatively safer and had less 
violence than the men's prisons, despite inmate complaints of beatings 
by guards. The Constitution prohibits the incarceration of children in 
adult prisons; however, in practice, some juveniles were held with 
adults. The majority of pretrial detainees were held in police custody, 
either in police stations or in remand centers, separate from convicted 
prisoners.
    In general, the Government allowed private groups, voluntary 
organizations, international human rights organizations, and the media 
to visit prisons and monitor prison conditions, and such visits took 
place during the year.

    d. Arbitrary Arrest or Detention.--The Constabulary Force Act 
permits the arrest of persons ``reasonably suspected'' of having 
committed a crime. There were some reports of arbitrary arrest during 
the year, and the authorities continued to detain suspects, 
particularly those from poor neighborhoods, without bringing them 
before a judge within the prescribed period.
    The JCF falls under the direction of the Ministry of National 
Security and is headed by a Commissioner who delegates authority 
through the ranks to its constables. The force maintains divisions 
focusing on community policing, special response, intelligence 
gathering, and internal affairs. Faced with rapidly increasing rate of 
killings, the JCF generally was not effective. The country experienced 
the highest level of violent crime in its history, and the perception 
of corruption and impunity within the force were serious problems that 
contributed to a lack of public confidence in the institution. Human 
rights groups identified systematically poor investigative procedures 
and weak oversight mechanisms. Failure to protect witnesses led to the 
dismissal of criminal trials.
    The JCF conducted both administrative and criminal investigations 
into all incidents involving fatal shootings by the police. The JCF's 
BSI, which employed 26 investigators, specifically addresses police 
shootings. The BSI completed investigations of 32 of 383 shooting 
incidents during the year and sent them to the DPP. The DPP ruled on 13 
cases and sent 5 to criminal courts. One officer was found criminally 
liable. The BSI supplemented the JCF Office of Professional 
Responsibility, 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 seven investigators.
    The JCF continued an initiative of ``community policing'' to 
address the problem of long-standing antipathy between the security 
forces and many poor inner-city neighborhoods. The Police Federation 
conducted training programs for policemen on citizens' rights. The 
Government and the Independent Jamaica Council for Human Rights 
developed human rights materials that were used in a number of primary 
schools across the country. The group was developing additional 
educational materials at year's end.
    Human rights advocates contended that police did not consider 
killings by vigilante mobs a priority and expressed concern that the 
perpetrators rarely were charged (see Sections 1.a and 5).
    The law requires detained suspects to be charged or released within 
24 hours of arrest. The law also requires police to contact duty 
counsel (a private attorney who volunteers to represent detainees at 
police stations and until cases go to trial), if requested by the 
detainee, upon detention; however, the authorities continued to wait 
until after detainees had been identified in an identification lineup 
before contacting duty counsel for them. There was a functioning bail 
system. The State provides indigent detainees access to counsel through 
the legal aid program, and detainees were provided with prompt access 
to family members.
    The law requires police to present a detainee in court within a 
reasonable time period; however, in practice authorities continued to 
detain suspects for lengthy periods, which the Government attributed to 
an overburdened court system (see Section 1.e.). Magistrates were 
required to inquire at least once a week into the welfare of each 
person listed by the JCF as detained.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, the judicial system was overburdened 
and operated with inadequate resources.
    Three courts handle criminal matters at the trial level. Resident 
magistrates try 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 have 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 Constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right. However, the 
judiciary's lack of sufficient staff and resources hindered due 
process, and the BSI also had a large backlog. Trials in many cases 
were delayed for years, and other cases were dismissed because files 
could not be located or had been destroyed. A night court had some 
success in reducing the backlog of cases. The Supreme Court used 
mediation through the Dispute Resolution Foundation as an alternative 
to traditional trials, which alleviated some of the backlog in that 
court. The Resident Magistrate Courts also used alternative dispute 
resolution in limited cases. The lack of an effective witness 
protection program led to the dismissal of a number of cases involving 
killings.
    Most trials are public and use juries. Defendants have the right to 
counsel. 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; 
however, funds were insufficient to meet the demand, and attorneys 
sometimes requested payment from clients.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
revised Constabulary Force Act gives security personnel broad powers of 
search and seizure. The Act allows search without a warrant of a person 
on board or disembarking from 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.
    On February 10, the courts cleared Devon Francis of charges of 
breaching the Public Utilities Act in 2000 after he wiretapped 
telephones without proper authorization.
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 and did not restrict academic 
freedom.
    The independent media were active and expressed a wide variety of 
views without restriction. However, some local media professionals 
expressed concern that the country's libel law limited their freedom of 
expression. Specifically, news outlets reported the need to self-censor 
investigative reports because of the potential for courts to award high 
damages in cases of defamation. In April, the Director of Public 
Prosecutions threatened to monitor and prosecute talk show hosts who 
discussed criminal cases pending before the courts. The DPP expressed 
concern that widespread public discussion in the media of specific 
aspects of criminal cases made it difficult to select a jury that would 
ensure a fair hearing by an independent and impartial court, as 
required by the Constitution. However, no such prosecutions had been 
enforced at year's end.
    At year's end, the Gleaner Company continued to fight a lawsuit 
that arose from a story it published concerning a corrupt public 
official.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    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 were due to the group's illegal use of marijuana as 
part of Rastafarian religious practice.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The Constitution prohibits forced exile and there were no reports 
that it occurred.
    The Constitution does not provide for the granting of asylum or 
refugee status in accordance with the 1951 U.N. Convention Relating to 
the Status of Refugees or its 1967 Protocol, but the Government has 
established a system for providing protection to refugees. In practice, 
the Government provided protection against refoulement, the return of 
persons to a country where they feared persecution, and handled refugee 
or asylum cases administratively. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees and asylum seekers but 
did not grant refugee status or asylum.
    The Government provided temporary protection to more than 500 
individuals who did not qualify as refugees under the 1951 Convention/
1967 Protocol. The Government, with the assistance of UNCHR, provided 
500 Haitians with temporary protection and resettlement. Approximately 
281 Haitians applied to the Government for refugee status, but their 
applications were denied in accordance with the 1951 Convention. 
Approximately 200 Haitians appealed the decision, and trials were 
scheduled to begin in January 2005.
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. All 
citizens age 18 and over have the right to vote by secret ballot. 
However, in recent elections, voters living in ``garrison communities'' 
in inner-city areas dominated by one of the two major political parties 
often 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.
    Two political parties--the PNP and the Jamaica Labor Party (JLP)--
have alternated in power since the first elections in 1944. The PNP 
held 34 of the 60 seats in the popularly elected House of 
Representatives and 13 of the 21 seats in the appointed Senate.
    Following the July killing of reputed Spanish Town gang leader 
Oliver Smith, police investigators learned that the car Smith was 
driving at the time of his death was registered to Olivia Grange, a 
Member of Parliament. Grange, a former JLP deputy leader, explained 
that she had simply assisted her constituent by co-signing the car 
loan. The incident raised public questions of government corruption. 
The investigation was ongoing at year's end.
    On December 9, the Senate noted the omission of party financing 
regulations as a glaring gap in the 2003 Corruption Prevention Act. On 
the same day, the Senate passed an amendment to the Act that closed 
reporting loopholes for state employees.
    The Access to Information Act (ATI), signed in 2002, entered its 
first phase on January 5. The ATI provided public access to information 
held by seven government ministries and agencies.
    There were no legal restrictions on the participation of women in 
politics. There were 7 women in the 60-seat House of Representatives, 
and 4 women in the 21-seat Senate. Three of the 17 cabinet members were 
women, and women held approximately 30 percent of the senior civil 
service positions.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were cooperative and responsive to their views.
    The Independent Jamaica Council for Human Rights was the country's 
only formal organization concerned with all aspects of human rights. 
The NGO Jamaicans for Justice focused on the issues of police impunity, 
extrajudicial killings, and excessive use of force by the police and 
wrote a weekly newspaper column. Jamaicans for Justice reported that 
undercover police regularly attended its meetings; nevertheless, the 
group professed to have a cordial relationship with the police and sat 
on two of the police consultative boards.
    The Public Defender's Office brings cases on behalf of those who 
charged that their constitutional rights were violated. The office 
contracted private attorneys to bring suits against the Government on 
behalf of private citizens. During the year, the Public Defender began 
working on an overall anti-discrimination bill, which would create an 
Anti-Discrimination Commission to make decisions about grievances. The 
Public Defender won compensation for at least four of the families of 
victims killed during the 2001 shoot-out in Tivoli Gardens, West 
Kingston, between members of the community, the JCF, and the JDF. A 
class action lawsuit was pending at year's end, but parties involved 
believed that all outstanding cases would be settled within a year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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, although there 
continued to be widespread discrimination on the basis of political 
opinion in the distribution of scarce governmental benefits, including 
employment, particularly in the garrison communities (see Section 3).

    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. 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 
approximately $160 (J$10,000) and 6 months' imprisonment. The 
Government's Bureau of Women's Affairs operated crisis hotlines and 
shelters and managed a public education campaign to raise the profile 
of domestic violence.
    Rape was illegal and carried a penalty of up to 25 years' 
imprisonment with hard labor. During the year, the number of reported 
incidents of rape decreased by 8 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. During the year, in Kingston/St. 
Andrew, there were 208 arrests, of which 50 cases went to court and 25 
ultimately were convicted and sentenced.
    On August 8, the country's most prominent evangelical pastor, 
Bishop Herro Blair, delivered a sermon in Kingston in which he 
reportedly warned young women that current styles of dress invited 
rape. The Bureau of Women's Affairs rejected the claim as baseless.
    The law prohibits prostitution; however, it was widespread, 
particularly in tourist areas.
    There is no legislation that addresses sexual harassment, and it 
was a problem. There were reports of sexual harassment of women by the 
police, but some observers believed that women often did not report 
such incidents because there was no legal remedy.
    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 Government took steps to reduce gender bias in 
legislation. On February 17, Parliament passed the Family Property 
(Rights of Spouses) Act to provide for the equitable division of 
property between spouses following a divorce. On December 7, Parliament 
passed an amendment to the Domestic Violence Act that expanded the 
definition of a child to anyone under 18 years old and extended the 
provisions of the act to include couples living in separate domiciles.
    There was an active community of women's rights groups, including 
Women's Media Watch, the Women's Political Caucus, the St. Peter Claver 
Women's Housing Cooperative, the Women's Construction Collective, the 
Sistren Theatre Collective, Woman Inc., and the Centre for Gender and 
Development Studies at the University of the West Indies. Among the 
major concerns of these groups was the protection of victims of sexual 
abuse, participation of women in the political process, and legislative 
reforms affecting women.

    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. Public 
primary education was free, universal, and compulsory for students 
between the ages of 6 and 11, and the Ministry of Education reported 
that 99 percent of children in that age group were enrolled in school. 
However, economic circumstances obliged thousands of children to stay 
home to help with housework and avoid school fees. As a result, 
attendance rates at primary schools averaged 78 percent, although some 
rural areas reported attendance as low as 50 percent. More than 70 
percent of children between the ages of 12 and 16 had access to 
secondary school, and UNICEF reported that most children completed 
secondary education.
    Medical care was widely available, and boys and girls enjoyed equal 
access.
    There was no societal pattern of abuse of children; however, there 
were numerous reports of rape and incest, particularly in inner cities. 
NGOs reported that inner city gang leaders and sometimes even fathers 
initiated sex with young girls as a ``right.'' There were 409 cases of 
statutory rape--sex with girls under 16--reported, an 8 percent 
increase over the same period in 2003. The Government expressed concern 
about child abuse and acknowledged that incidents were underreported. 
The Child Development Agency (CDA) held training sessions to 
familiarize police officers with the rights of children and to prepare 
them to enforce the Child Care and Protection Act.
    Child prostitution and trafficking for the purposes of sexual 
exploitation were problems (see Section 5, Trafficking).
    In March, the House of Representatives and the Senate passed the 
Child Care and Protection Act, which replaced the Adoption of Children 
Act and the Juvenile Act. The Act generally provided for more support 
for the family unit and the improved safety of children, including 
prohibitions against trafficking in minors. It also established 
mechanisms, including a central child abuse registry and an Office of 
Children's Advocate, to monitor and defend the well being of children.
    On May 31, the Government commissioned the Ministry of Health's CDA 
as an executive agency to consolidate all children's services under one 
administrative umbrella, and to oversee the successful implementation 
of the Child Care and Protection Act.

    Trafficking in Persons.--The law does not prohibit specifically 
trafficking in persons; however, there were laws against assault and 
fraud, and other laws established various immigration and customs 
regulations. Trafficking in children was a problem, and there were 
reports that persons were trafficked primarily within the country.
    The Child Care and Protection Act passed during the year 
specifically prohibits the sale or trafficking of minors and provides 
that violators receive the maximum penalty under the law. The law 
subjected convicted traffickers to a fine or imprisonment with hard 
labor for a term not exceeding 10 years, or both.
    The International Labor Organization (ILO) estimated that several 
hundred minors were involved in the country's sex trade.
    The country was also a transit country for illegal migrants moving 
to the United States and Canada, some of whom were believed to be 
trafficking victims. Groups at a special risk for trafficking included 
rural migrants who sought work in cities and tourist areas, usually in 
the sex industry. Corruption among immigration officials in 
facilitating the unauthorized international movement of persons was a 
concern. In November, the Government instituted a passenger entry and 
exit system to enhance efforts to detect transnational trafficking.
    While there was no formal policy for protecting child trafficking 
victims, the Government enforced the Child Care and Protection Act. 
There were no government-funded shelters specifically for trafficking 
victims, but the CDA managed facilities for at-risk children. The 
Government provided funding to NGOs that worked to reintegrate child 
laborers who were victims of trafficking.
    The Ministry of Health designed a public awareness campaign to 
inform the public about the Child Care and Protection Act, which 
contains a provision that prohibits trafficking in minors. The Ministry 
of Education sponsored programs to encourage families to keep children 
in school.

    Persons With Disabilities.--No laws mandate accessibility for 
persons with disabilities, and such persons encountered discrimination 
in employment and denial of access to schools. Health care and other 
state services were reported to be universally available. Several 
government agencies and NGOs provided services and employment to 
various groups of persons with disabilities. The Statistical Institute 
of Jamaica reported that out of a disabled population of approximately 
163,000, about 14 percent was employed gainfully.

    Other Societal Abuses and Discrimination.--The Offenses Against the 
Person Act prohibits ``acts of gross indecency'' (generally interpreted 
as any kind of physical intimacy) between men, in public or in private 
and is punishable by 10 years in prison. Prime Minister Patterson 
stated that the country would not be pressured to change its anti-
homosexual laws.
    The Jamaica Forum for Lesbians, All Sexuals, and Gays (J-FLAG) 
continued to report allegations of human rights abuses, including 
police harassment, arbitrary detention, mob attacks, stabbings, 
harassment of homosexual patients by hospital and prison staff, and 
targeted shootings of homosexuals. Police often did not investigate 
such incidents. Some of the country's most famous dancehall singers 
gained the attention of international human rights groups during the 
year for their homophobic lyrics, which incited violence against 
homosexuals. A 2001 poll found that 96 percent of citizens were opposed 
to legalizing homosexual activity.
    On June 9, Brian Williamson, a prominent homosexual rights activist 
and founding member of J-FLAG, was found stabbed to death at his home 
in Kingston. Human rights groups believed that the brutality of 
Williamson's death indicated a hate crime, but the JCF maintained that 
the crime was a robbery. A suspect was remanded in custody at year's 
end.
    On June 24, a group of armed men, reportedly including famous 
dancehall artist Buju Banton, forced their way into a house in Kingston 
and beat two occupants while shouting homophobic insults. Human Rights 
Watch expressed concern that Banton may never face charges and warned 
that the artist's fame and the stigma attached to the homosexual 
victims hindered a thorough and expedient police investigation. At 
year's end, Banton had been arrested and released on bail; there was no 
information concerning the others involved.
    Male inmates deemed by prison wardens to be homosexual are held in 
a separate facility for their protection. The method used for 
determining their sexual orientation is subjective and not regulated by 
the prison system. There were numerous reports of violence against 
homosexual inmates, perpetrated both by the wardens and by other 
inmates, but few inmates sought recourse through the prison system.
    Homosexual men were hesitant to report incidents against them 
because of fear for their physical well being. Human rights NGOs and 
government entities agreed that brutality against homosexuals, both by 
police and private citizens, was widespread in the community.
    No laws protected persons living with HIV/AIDS from discrimination. 
Human rights NGOs reported severe stigma and discrimination for this 
group. Although health care facilities were prepared adequately to 
handle patients with HIV/AIDS, health care workers often neglected such 
patients.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
form or join a trade union, and unions functioned 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. Some 
companies laid off union workers then rehired them as contractors with 
reduced pay and benefits, a practice considered legal as long as 
workers receive severance pay.

    b. The Right to Organize and Bargain Collectively.--The law permits 
unions to conduct their activities without interference, and the 
Government protected this right in practice. An independent Industrial 
Disputes Tribunal (IDT) hears cases when 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 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, the 
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.
    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 approximately 6,000 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 performed them at 6- to 
9-month intervals.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
does not specifically prohibit forced or compulsory labor, including by 
children, but other than child prostitution, there were no reports that 
such practices occurred (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Child Care and Protection 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 CDA is charged with finding places of safety for 
children. However, according to CDA officials, resources to investigate 
exploitative child labor were insufficient. Children under the age of 
12 peddled goods and services or begged on city streets. There were 
also reports that underage children were employed illegally in fishing 
communities and in prostitution (see Section 5).
    In June, the ILO, the International Program on the Elimination of 
Child Labor (IPEC), and the Ministry of Labor and Social Security 
hosted a workshop as part of the National Program for the Prevention 
and Elimination of Child Labor. The resulting draft plan of action 
defined a clear path for future action and identified lead agencies to 
seek the resources necessary to develop the plan.

    e. Acceptable Conditions of Work.--The Government sets the minimum 
wage, after receiving recommendations from the National Minimum Wage 
Advisory Commission. During the year, the minimum wage was changed to 
$32 (J$2,000) per week and $1.20 (J$80) per hour for private security 
guards. The minimum wage did not 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.
    The law provides for a standard 40-hour workweek and mandates at 
least 1 day of rest per week. Work in excess of 40 hours per week or 8 
hours per day must be compensated at overtime rates, a provision that 
was observed widely. The law does not prohibit excessive compulsory 
overtime, and some employees, including security guards, regularly are 
required to work 12-hour shifts without overtime compensation.
    The Ministry of Labor's Industrial Safety Division sets and 
enforces industrial health and safety standards, mainly through factory 
inspections. Insufficient staffing in the Ministries of Labor, Finance, 
National Security, and the Public Service contributed to the 
difficulties in enforcing workplace regulations.
    Industrial accident rates 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.

                               __________

                                 MEXICO

    Mexico is a federal republic composed of 31 states and a federal 
district, with an elected president and a bicameral legislature. In 
2000, voters elected President Vicente Fox Quesada of the Alliance for 
Change Coalition in elections that observers judged to be generally 
free and fair. In 2003, there were federal elections to select members 
of Congress. The judiciary is generally independent; however, on 
occasion, it was influenced by government authorities, particularly at 
the state level. Corruption, inefficiency, disregard of the law, and 
lack of training were 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. The military 
played a large role in some law enforcement functions, primarily 
counternarcotics. There were approximately 5,000 military personnel on 
loan to the PFP during the year. Elected civilian officials maintained 
effective control over the police and the military; however, corruption 
was widespread within police ranks and to a lesser extent in the 
military. There have also been instances of state and local police 
involvement in kidnappings and extortion. 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.
    The country has a market-based economy and a population of 
approximately 105 million. Gross domestic product was expected to grow 
by 4 percent during the year. Leading exports included petroleum and 
manufactured and assembled products, including electronics and consumer 
goods. Average manufacturing wages increased by 1.2 percent during 
2003, less than the 3.98 percent rate of inflation in the same period. 
An estimated 25 percent of the population resided in rural areas where 
subsistence agriculture was common. Income distribution remained 
skewed: In 2002, the top 10 percent of the population earned 36 percent 
of total income, while the bottom 20 percent earned only an estimated 4 
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, Chiapas, and Oaxaca, a poor climate 
of respect for human rights presented special concern. State law 
enforcement officials were accused of committing unlawful killings. 
There were vigilante killings during the year. Disappearances continued 
to occur. Kidnapping became a larger problem, with an unofficial 
estimate of 3,000 kidnappings during the year, some with alleged police 
involvement. The police sometimes tortured suspects to force 
confessions. Prosecutors used this evidence in courts, and the courts 
continued to admit as evidence confessions extracted under torture. 
Impunity remained a problem among the security forces, although the 
Government continued to sanction public officials, police officers, and 
members of the military. Alleged police involvement, especially at the 
state level, in narcotics-related crime, continued, and police 
corruption and inefficiency hampered investigations.
    Narcotics related killings and violence increased, particularly in 
the Northern States. Prison conditions were poor. The police continued 
to arrest and detain citizens arbitrarily. During the year, judicial 
reforms continued to take effect; however, lengthy pretrial detention, 
lack of due process, and judicial inefficiency and corruption 
persisted. Indigenous people's access to the justice system continued 
to be inadequate. The authorities on occasion violated citizens' 
privacy. Human rights groups and the media reported that armed civilian 
groups in the State of Chiapas continued to commit human rights abuses.
    Three journalists were killed during the year in the Northern 
States of Baja California and Tamaulipas. Some journalists, 
particularly in the Northern States, practiced self-censorship in 
response to threats from narcotics traffickers. Corrupt members of the 
police sometimes violated the rights of illegal immigrants. Human 
rights workers continued to be subjected to attacks and harassment; 
however, reports of such attacks diminished. 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. Trafficking in 
persons, including children, remained a problem, and there were 
credible reports that police and other officials were involved in 
trafficking. There were credible reports of limits on freedom of 
association and worker rights. There was extensive child labor in 
agriculture and the informal economy.
    The peace process in Chiapas remained stalled at year's end. 
Sporadic outbursts of politically motivated violence continued to occur 
throughout the country, particularly in the Southern States of Chiapas, 
Guerrero, and Oaxaca.
    In June, Amnesty International (AI) visited the states of Guerrero, 
Oaxaca, and Veracruz. AI concluded that the Federal Government had 
taken positive steps, especially with its legislative proposals, but 
serious problems remained at the state and local level. In particular, 
AI remained concerned about the manipulation of the justice system 
against those who claim their rights under it, arbitrary actions by 
officials, and the presence of the army in indigenous communities.
    In April, Anders Kompass, the in-country representative for the 
U.N. High Commissioner for Human Rights, praised the Government for 
advances made in the promotion of 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.--There were no 
politically motivated killings by the Government or its agents; 
however, security forces killed several persons during the year.
    In January, municipal police in Zapotitlan Tablas, Guerrero State 
detained Socrates Tolentino Gonzales Genaro. He subsequently died in 
police custody; his mother was forced to sign an affidavit stating that 
he had committed suicide. The exhumation of his body in March revealed 
that he had been beaten severely before he died.
    In May, federal investigative agents allegedly beat street vendor 
Manuel Zarate Villaruel, who then died from his injuries. The PGR 
claimed that Zarate died from asphyxiation; however, the attorney 
general in Mexico City claimed that the beating caused Zarate to vomit, 
which in turn caused asphyxiation. In June, Mexico City police arrested 
seven AFI agents who remained in custody pending investigation at 
year's end.
    In July, reputed Institutional Revolutionary Party (PRI) supporters 
in Huatla, Oaxaca, beat Serafin Garcia to death on the eve of the 
Oaxaca gubernatorial election. Garcia was a member of a group opposing 
the PRI and was blocking the path of a PRI march. The event was 
photographed by a Mexico City daily. In December, Jacinto Pineda 
Casimiro was detained and accused of the killing.
    During the year, the media reported ``assassinations'' of 
indigenous leaders in Chiapas and Guerrero. In Chiapas, paramilitary 
groups were believed responsible for the deaths, and in Guerrero it was 
believed that the August killing of Maximiano Cristobal Lorenzo was 
politically motivated. There was no further information available on 
these cases at year's end.
    In September, the PRI mayor of San Jose Estancia Grande, Oaxaca, 
allegedly killed his rival PRD candidate, Guadalupe Avila Salinas, 
while she was campaigning. At year's end, the state Attorney General's 
office continued to search for the fugitive mayor.
    During the year, the bodies of 16 dead women were found in Ciudad 
Juarez according to media reports (see Section 5).
    In August, a federal judge sentenced former federal investigative 
agent Armando Muro Arellano to prison and also ordered prison terms for 
four other ex-AFI agents in connection with the 2002 death of Guillermo 
Velez Mendoza.
    In July 2003, law enforcement agents of the Chiapas State Attorney 
General's office (PGJE) accused Andres Vidales Segovia, a soldier 
assigned to the 31 Military Zone in Chiapas, and 3 others, for the 
killing Abelino Encino Guzman, an indigenous Tzeltal in Tenejapa, 
Chiapas. The investigation into the death continued at year's end.
    According to the Hidalgo State Human Rights Commission, the state 
attorney general determined that only 1 of the 4 police officers 
originally arrested was responsible for the killing of 22-year-old 
Fernando Garcia Morales, and at year's end, that officer (name not 
provided) was in jail pending judicial proceedings.
    There were no new developments and none were expected in the 2002 
shooting of Josue Ulises Cruz Banda by Mexico City police. Early in the 
year, the Mexico City Human Rights Commission (CDHDF) found that human 
rights violations had occurred, ordered the city secretary for public 
security to pay an unspecified sum of money to Mr. Cruz's family, and 
asked that mechanisms be put in place to evaluate course effectiveness 
regarding use of force. In addition, it ordered the city attorney 
general to adhere more closely to autopsy models in its manual on 
Prevention and Effective Investigations of Extralegal, Arbitrary, or 
Summary Executions.
    At year's end, charges remained pending against 3 of the original 
14 persons in the 2002 massacre of peasant farmers near Agua Fria, 
Oaxaca.
    In August, a court released for lack of evidence Vicente Pena 
Zuniga, Efrain Cruz Bruno, and Nicasio Bernardino Gomez, accused of the 
2001 killing of Fidel Bautista Mejia in Putla, Oaxaca.
    There were deaths in prison during the year (see Section 1.c).
    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. There were several instances in which 
members of security forces were apprehended working for or with 
narcotics traffickers. Throughout the country, but particularly in the 
northern border states, violence related to narcotics trafficking 
increased. Local and international press reports indicated a group 
known as the ``Zetas,'' composed of former soldiers, was working with 
drug trafficking organizations.
    There were no new developments and none were expected in the 
following cases: The 1997 killing of 45 persons in Acteal, Chiapas; the 
suicide case of Air Force Lieutenant Jose Raul Vargas Cortez; and the 
1995 case of the massacre of 17 indigenous farmers in Aguas Blancas.
    The National Commission for Human Rights (CNDH) reported it 
received 41 complaints against the military from January through 
August. The nature of the complaints was not specified.
    There were incidents of vigilante justice, and several occasions 
when authorities prevented such incidents. On November 23, two 
undercover agents of the PFP were killed and one seriously injured in 
the Mexico City district of Tlahuac. The agents were conducting an 
operation against narcotics trafficking; however, a mob believed they 
were attempting to kidnap children. Thirty-three persons were in 
custody at year's end.
    Investigations were ongoing at year's end into the March 2003 
lynching of Mariano Garcia Escamilla by residents of Tlayecac, in 
Morelos State.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, there were credible allegations of police 
involvement in kidnappings for ransom. Kidnapping became a larger 
problem with kidnappers targeting all economic classes of citizens. 
Unofficial estimates indicated 3,000 kidnappings occur per year in the 
country, with alleged police involvement in some cases.
    In January, federal authorities unearthed the remains of 12 men 
buried in the back yard of what apparently was a drug trafficker's 
safe-house in Ciudad Juarez. The head of the PGR's anti-organized crime 
unit (SIEDO) announced that members of the Chihuahua State Judicial 
Police (PJE) had carried out the forced disappearances and killings at 
the behest of the Juarez drug cartel. The authorities arrested 13 PJE 
agents and 4 more were at large at year's end.
    During the year, the bodies of 16 more women were found in Ciudad 
Juarez according to media reports (see Section 5).
    During the year, the Oaxaca State human rights commission opened an 
investigation into the April and June 2003 disappearances of Marcelino 
Santiago Pacheco, leader of the Organization of Indigenous Zapotec 
People (OPIZ), and his brother Anselmo Santiago Pacheco. At year's end, 
both men remained missing.
    There were no developments, and none were expected in the 2002 
disappearance case of Jesus Angel Gutierrez Olvera.
    Late in 2003, the Supreme Court ruled that the statute of 
limitations does not apply to cases from the ``dirty war'' of 60s, 70s, 
and 80s. The Court argued such crimes were continuing offenses until 
the victim was located. During the year, AFI agents arrested Miguel 
Nazar Haro, who directed the Federal Security Directorate, and 
Juventino Romero Cisneros, a former agent of the Federal Security 
Directorate, for the 1975 kidnapping of Jesus Piedra Ibarra, a member 
of a leftist urban guerilla group. At year's end, Nazar remained under 
house arrest awaiting trial. Romero remained imprisoned. In July, a 
judge denied Special Prosecutor for Investigating Human Rights Abuses 
Against Social and Political Movements of the Past (FEMOSPP) Ignacio 
Carrillo Prieto's request to issue an arrest warrant against former 
President Luis Echeverria for genocide. The Special Prosecutor appealed 
the decision, and on October 13 the Supreme Court agreed to review the 
case. In November, Wilfrido Castro Contreras, former Guerrero Judicial 
Police commander was imprisoned pending his trial for deprivation of 
liberty in the case of former guerilla Bernardo Reyes Felix.
    The military justice trial of Generals Francisco Quiroz Hermosillo 
and Arturo Acosta Chaparro, implicated in the death or disappearance of 
143 persons during the 1970s, continued during the year. However, the 
judge decided to drop all charges of murder and try them only for drug 
trafficking. In November, the military Supreme Court reactivated the 
case against General Arturo Acosta Chaparro, who was accused of killing 
22 campesinos during the 1970s.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the law prohibit such practices; 
however, torture, in particular, 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 obtained information through torture, 
prosecutors used this evidence in courts, and the courts continued to 
admit as evidence confessions extracted under torture. Many victims 
were afraid to report or follow through on complaints against the 
police, thereby hampering prosecution of the perpetrators.
    In July, the CNDH reported that in its 14 years of existence, it 
has received 84,689 complaints and issued 588 recommendations related 
to torture. From June 1990 through August 31, the CNDH found 904 cases 
to be human rights violations.
    During the year, the Attorney General's office (PGR) established 
procedures to comply with the Istanbul Protocol to investigate and 
prosecute claims of torture. On June 23, the Commissioner to Eradicate 
Violence Against Women in Juarez, Guadalupe Morfin, asked the PGR to 
apply these guidelines in the cases of: Cynthia Kiecker and Ulises 
Perzabal, accused of the 2003 killing of Viviana Rayas; David Meza, 
accused of having killed his cousin in Chihuahua in 2003; and Victor 
Garcia Uribe, accused of killing 8 women in Ciudad Juarez in 2001. 
According to Commissioner Morfin's office, Chihuahua State officials 
blocked the PGR from conducting medical and psychological exams under 
the Istanbul Protocol in the cases of Kiecker, Perzabal, and Mesa. In 
October, a court convicted Victor Garcia Uribe of the murder of eight 
women found in a Ciudad Juarez cotton field in 2001 and sentenced him 
to 50 years' imprisonment. That same month, the PGR concluded that 
Uribe had been tortured under Istanbul Protocol procedures. Cynthia 
Kiecker and Ulises Perzabal were released on December 17.
    There were reports police tortured protesters detained in May at 
the Third Summit of Latin America, the Caribbean, and the European 
Union in Guadalajara. The CNDH issued a report confirming the 
protestors' claims and issued recommendations to Francisco Acuna, 
Governor of Jalisco and to the Mayor of Guadalajara. At year's end, 
neither the governor nor the mayor had accepted the CNDH's 
recommendations.
    In May, Mario Medina Vazquez claimed he confessed to the killing of 
newspaper editor Roberto Javier Mora under torture (see Section 2.a.).
    In March 2003, AI published a report that accused all branches of 
the security forces of using torture. After detailing the defects in 
the police/judicial system that enable the use of torture, the report 
recommended that the Government condemn torture, reform national 
legislation to forbid torture, end the practice of arbitrary 
detentions, and admit only those confessions made in the presence of a 
judge and a qualified defense lawyer. Other recommendations concerned 
the Public Ministry, police, and judicial changes. In December 2003, 
the U.N.'s Diagnostic on Human Rights noted the frequent use of 
torture, especially in murder cases.
    The authorities rarely punished officials for torture, which 
continued to occur in large part because confessions are the primary 
evidence in many criminal convictions. Many human rights groups linked 
torture to the prevalence of arbitrary detention and claimed 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 extracting 
confessions from them by force. According to the Deputy Attorney 
General for Human Rights at the PGR, as of August, 50 percent of the 
torture complaints it had received occurred in the States of Mexico, 
Tlaxcala, and the Federal District.
    There were no developments in the case of 17-year-old Valentina 
Rosendo Cantu, allegedly raped by members of the 41st Infantry 
Battalion in 2002 when she was washing clothes by a creek.
    Many citizens distrusted the justice system, including law 
enforcement officials, and were reluctant to register official 
complaints.
    Prison conditions remained poor. Many prisons were staffed by 
undertrained, underpaid, and corrupt guards. Prisoners complained 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 exercised authority, displacing prison officials. 
Influence peddling, drug and arms trafficking, coercion, violence, 
sexual abuse, and protection payoffs were the chief methods of control 
used by prisoners against their fellow inmates. Prisons varied 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 in some of these areas. In September, the CNDH 
released a study on local and municipal jails that found a lack of 
investment in facilities, salaries and training, an unwillingness on 
the part of officials to solve problems, and extensive corruption 
within the jails.
    An investigation by the internal affairs division of the municipal 
police to determine the responsibility of the guards in the case of a 
20-year-old unidentified male, who claimed in 2003 that another inmate 
at the Aldama police station in Ciudad Juarez had robbed and raped him, 
was ongoing at year's end.
    The penal system consists of 448 facilities: 5 federal 
penitentiaries, 8 federal district prisons, 336 state prisons, and 99 
municipal and regional jails. 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 
press reports, the country's 448 penal facilities were overpopulated; 
182,530 prisoners were held in facilities with an official capacity of 
147,809.
    Health and sanitary conditions were poor, especially in rural 
poorer States such as Michoacan and Chiapas. Often prisoners must pay 
for their own prescription medicine. According to the CNDH, most 
prisons did not have any facilities for treating those requiring 
psychiatric care.
    There were at least five reported deaths in prison during the year. 
Mario Medina was killed by another inmate and his death resulted in the 
removal of prison officials in the State of Tamaulipas (see Sec. 2.a.). 
In August, Dennis Crane Hoffman committed suicide in Acapulco. Alberto 
Soberanes was killed in May, Miguel Angel Beltran in October, and 
Arturo Guzman in December in the federal prison La Palma.
    Female prisoners were held separately from men. Women comprised 
approximately 4.6 percent or approximately 8,000 of the total prison 
population. Of the 448 prison facilities in the country, 230 had female 
prisoners. In March, the CNDH noted that jailed female prisoners lived 
in worse conditions than male prisoners.
    In May 2003, the CNDH announced the results of a study that 
revealed the vulnerability of female prisoners across the country. The 
study found that female inmates engaged in prostitution under the 
direction of inmates and with the acquiescence of prison officials.
    Juveniles were held separately from adults. In July 2003, the CNDH 
reported that it had detected serious violations of basic rights in the 
majority of 54 juvenile reformatories in the country. The violations 
included overpopulation, physical abuse and mistreatment, and 
dormitories with metallic mesh that resembled cages.
    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.
    There were no developments in the May 2003 CDHDF recommendation 
against the General Directorate of Prevention and Social Readaptation 
regarding the torture and abuse in 2002 of inmate Martin Banuelos 
Gonzalez by six public servants at the Reclusorio Norte and the request 
to the Federal District Secretary of Government for an investigation to 
determine responsibility of the six officials for the abuse.
    The Government permitted independent monitoring of prison 
conditions by NGOs and human rights organizations; however, in 
practice, the CNDH and state human rights commissions conducted the 
majority of prison visits, and such visits occurred during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the police continued to arrest 
and detain citizens arbitrarily. 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 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.).
    The federal and state police are divided into preventive police and 
judicial police. The preventive police maintain order and public 
security in cities and towns. They do not investigate crimes and only 
assist prosecutors (Public Ministry) at their request. The judicial 
police, an investigative force, are an auxiliary to the Public Ministry 
and act under its authority and command. A recent academic study 
concluded that there were more than 350,000 police officers in the 
country and about 3,000 different forces at municipal, state, and 
federal levels.
    Police corruption was a problem. Police have been involved in 
kidnappings, armed robbery, and extortion, as well as protection of 
criminals and drug traffickers. From January to July, in Mexico City 
alone, 140 policemen were charged for various crimes, compared with 502 
in 2003. In April, the Governor of Morelos State dismissed all 552 
state policemen after the arrest of two top officers for allegedly 
protecting drug dealers.
    NGO sources reported that a great number of disappearances 
eventually were found to be cases of arbitrary detention by security 
forces (see Section 1.b.). Many human rights groups claimed that police 
or prosecutors attempted to justify arbitrary detention by securing a 
confession to a crime, sometimes using torture (see Section 1.c.). 
According to the Miguel Agustin Pro Juarez Human Rights Center (PRODH), 
incommunicado detention was a frequent practice (see Section 1.c.).
    In February 2003, the U.N. released a 22-page report made by a U.N. 
Working Group on Arbitrary Detention that visited the country in 2002. 
The Working Group found that the lack of procedural guarantees, the 
existence of an inquisitorial justice system, difficulties in obtaining 
adequate defense, lack of resources, and sentences disproportionate to 
the crime all contributed to the prevalence of arbitrary detentions.
    Between June 1990 and August 31, the CNDH received 1,703 complaints 
of arbitrary detention.
    On June 23, Isidro Baldenegro and Hermenegildo Rivas, Tarahumara 
indigenous anti-logging activists, were released from prison after 
prosecutors concluded that there was no basis for the weapons and drug 
charges against them. In March 2003, Chihuahua State police arrested 
them and accused them of illegal possession of firearms. On May 26, one 
state judicial police (PJE) official was arrested and charged with 
planting marijuana and weapons during the initial arrest. Three other 
PJE agents implicated in the case remained at large at year's end.
    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.). 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 in the 
criminal justice system persisted, although the Government continued 
its efforts to address it.
    Bail is available in cases that carry penalties of 5 years or less. 
Detainees have access to family members and to counsel.
    Some human rights groups have claimed that activists arrested in 
connection with civil disobedience activities were in fact political 
detainees. The Government asserted that the system fairly prosecutes 
those charged in sometimes-violent land invasions for common crimes, 
such as homicide and damage to property.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, on occasion, especially at the state 
level, it was influenced by government authorities. For instance, each 
state's executive branch can be key in selecting the president of the 
judicial branch. Governors nominate the presidents, who are then 
confirmed by the state legislatures. Corruption, inefficiency, 
impunity, disregard of the law, and lack of training continued to be 
major problems. Judicial reforms have begun to address some of these 
problems. Constitutional reforms, passed in 1999, were designed to 
streamline the administration of justice and repeal archaic laws. Human 
rights groups claimed that these reforms allow prosecutors to disregard 
defendants' allegations of violation of due process during criminal 
proceedings.
    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 2001, AI alleged that judges often 
were not present at hearings when defendants give testimony. Most 
often, the court's legal secretaries take testimony, and the judge 
evaluates the case based on written documents. Court officials may add 
notarized documents that are not authenticated into the case file, 
which become part of the ``case.'' These documents then become 
automatically authenticated. Once admitted, they are subject to 
contradiction, but in practice the only way to contradict the document 
was to call a witness to impugn it, or produce a contrary document of 
``equal'' value. 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 only by special motion.
    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 were open to the public, and it was 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 took 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.
    On November 25, Nuevo Leon became the first state in the country to 
hold oral trials for crimes carrying maximum penalties of 7 years' 
imprisonment.
    The Constitution provides for the right to an attorney at all 
stages of criminal proceedings; however, in practice the authorities 
often did not ensure adequate representation for many poor defendants. 
Defendants in pretrial detention did not have immediate access to an 
attorney to discuss privately issues arising during the hearings. 
Moreover, the public defender system was not adequate to meet the 
demand. Attorneys were 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 varied by 
region and agency. Federal prosecutors usually were paid better than 
state prosecutors. Defendants' services were housed either in the 
judicial or executive branch, and there were no autonomous public 
defender services.
    In the case of indigenous defendants, many of whom did not speak 
Spanish, the situation was often more complicated. The law provides for 
translation services to be available at all stages of the criminal 
process; however, in practice courts did not provide translators for 
indigenous defendants at all stages of criminal proceedings. 
Consequently defendants sometimes were unaware of the status of their 
cases, and prisoners were convicted without fully understanding the 
documents they had been required to sign.
    The CNDH, through the Fourth Inspector General's office, has a 
program to assist incarcerated indigenous defendants. The CNDH does not 
have authority to intervene in judicial proceedings, but can provide 
guidance and make recommendations on defense of rights. CNDH has a 
program for the liberation of indigenous prisoners that, in conjunction 
with other agencies such as the PGR and SSP, reviewed cases that merit 
release, such as commutation of a sentence.
    Judges continued to allow statements coerced through torture to be 
used as evidence against the accused (see Section 1.c.), and 
confessions were the primary evidence in many criminal convictions. A 
number of NGOs have 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 disavow such declarations.
    The law does not require civilian trials of soldiers involved in 
civilian 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 2002, 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 
Inter American Commission on Human Rights issued various 
recommendations condemning the practice of a special jurisdiction for 
members of the military involved in common crimes.

    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 search warrants; however, the CNDH received 59 complaints of 
illegal searches from January through August. 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 October, newspapers published transcripts of intercepted 
cellular telephone conversations between Democratic Revolution Party 
(PRD) legislators. The authorities had not identified those responsible 
for the incident by year's end.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom. While the overall state of freedom of expression improved 
under the Fox administration, threats, libel actions, defamation suits, 
and harassment of journalists by politicians, local authorities, 
police, and narcotics trafficking organizations continued. Journalists 
outside the capital or large cities were the most threatened, as the 
majority of harassment cases originated in states outside the capital 
and in the northern part of the country. Two newspaper editors and a 
columnist were killed during the year.
    The independent media were active and expressed a wide variety of 
views, particularly in the capital and other major urban centers. There 
were about 300 newspapers operating in the country of which 
approximately 10 were national newspapers. All were privately owned and 
operated. Approximately 130 foreign correspondents for international 
news agencies, newspapers and magazines operated in the country. Direct 
criticism of the Government by all types of media was common. However, 
while some positive developments occurred during the year, criminal 
defamation and libel laws, law suits to reveal journalists' sources, 
and a climate of impunity related to crimes against journalists limited 
freedom of the press.
    The Federal Government tolerated and did not attempt to impede 
criticism of the Government; however, local officials frequently 
reacted to criticism and unfavorable news articles by harassing 
journalists and suing them under criminal libel laws. Journalists and 
others advocated for legislative reform of the criminal libel laws. In 
addition, government officials at all levels often attempted to obtain 
the names of journalists' confidential sources.
    Broadcast media were privately held, with Televisa and TV Azteca 
accounting for more than 90 percent of the market. The Federal 
Government operated two TV stations broadcast in Mexico City and picked 
up by an assortment of small local stations and cable companies 
throughout the country. Various states minimally financed regional TV 
stations. Television news independence was enhanced by greater 
political pluralism, generational change in media leadership, and 
growing competition for advertisers and viewers.
    Most radio stations throughout the country were privately owned 
through concessions granted by the Government. The issue of access to 
the airwaves and the legalization of community-based radio stations was 
a concern as several stations were closed during the year despite 
pledges by senior officials in the Fox administration that the status 
of each station would be reviewed so that operating licenses could 
eventually be granted.
    Attacks on and killings of journalists continued to be the most 
serious problem for freedom of the press. The Mexican Network for the 
Protection of Journalists and Communication recorded 20 acts of 
aggression against journalists from January 1 to April 30 including 
killings, physical violence, verbal assaults, arrests, lawsuits, 
censorship, economic pressure, and other sophisticated administrative 
and bureaucratic forms of harassment. NGOs that monitor freedom of the 
press and the security of journalists usually received information 
indirectly regarding outright attacks and intimidation of journalists, 
which were underreported. There were no comprehensive nationwide 
statistics; however, on August 9, Jose Luis Soberanes, President of the 
CNDH, said that it had received 155 complaints of violations of 
journalists' human rights between 1999 and July.
    In May, a representative from the Chihuahua State Attorney 
General's Office demanded the names of sources from nine print and 
television journalists in Ciudad Juarez for stories on the deaths of 
women in and around that city. The journalists refused and filed a 
complaint with the CNDH.
    In June, Reporters without Borders expressed concern about recent 
attacks and threats against at least 15 reporters in the country. In 
September, more than 200 journalists sent a letter to the President 
demanding better security for journalists.
    The area along the northern border was the most dangerous place in 
the country for journalists, who were targeted by drug traffickers 
working with corrupt law enforcement personnel in the region. On March 
19, unknown persons killed Roberto Javier Mora, editorial director for 
the Nuevo Laredo-based daily El Manana. President Fox ordered federal 
authorities to coordinate with their state and local counterparts to 
investigate the killing. Six national and international press freedom 
organizations participated in a joint fact-finding mission to Nuevo 
Laredo to look into the death. The Committee for the Protection of 
Journalists (CPJ) and Reporters Without Borders believe that the 
killing resulted from the paper's coverage of narcotics trafficking and 
corruption in Nuevo Laredo. Two suspects arrested by police in March 
subsequently retracted their confessions after alleging that they had 
been tortured. In May, one of the suspects, Mario Medina Vazquez, was 
killed by another inmate. Although an investigation was initiated and 
the director of the prison fired, there were no other concrete results 
at year's end.
    On June 22, masked gunmen shot and killed Francisco Javier Ortiz 
Franco, a lawyer and co-editor of the Tijuana-based weekly newspaper 
Zeta, in Tijuana. By year's end, no arrests had been made; however, on 
August 18, prosecutors stated that they believed that the killing was 
in retaliation for an article that revealed details and identities 
behind a scheme to obtain fake police credentials for members of the 
Arellano Felix drug cartel.
    On August 31, unknown persons tortured and killed Francisco Arratia 
Saldierna, a columnist from the border State of Tamaulipas. Within 
hours of the killing, the secretary general of Tamaulipas characterized 
Saldierna's death as an ``isolated incident'' that soon would be 
solved; however, an investigation was ongoing at year's end.
    The widespread lack of investigation into crimes against 
journalists fostered a climate of impunity that discouraged 
investigation, provoked self-censorship, and jeopardized the physical 
safety of journalists and their families.
    On May 13, up to 20 local policemen detained, beat, and robbed 
Manuel de la Cruz, EFE's correspondent in Tuxtla Gutierrez, Chiapas. De 
la Cruz filed criminal complaints with the Chiapas attorney general's 
office, the state human rights commission, and local police.
    In August, Jose Martinez Mendoza author of a book that revealed 
inappropriate links between government bodies and a foundation headed 
by First Lady Martha Sahagun, received death threats and said that he 
had been under surveillance after publishing his book.
    AI reported that local authorities often used criminal charges on a 
state level to deter investigations and, during the year, issued legal 
summons to several journalists to reveal their sources.
    Attacks against the confidentiality of journalists' sources 
continued to undermine investigative reporting during the year. In 
August, Jose Luis Soberanes, president of the CNDH, warned against 
forcing journalists to reveal confidential sources of information.
    International press organizations claimed that the country's 
criminal defamation and libel laws violate the freedom of expression. 
The IAPA was extremely concerned about changes made to the Penal Codes 
in a number of states that provide for stiffer jail sentences in the 
case of convicted journalists. In February, the Chiapas State 
legislature raised the penalty for those found guilty of criminal 
defamation and libel from 3 to 9 years' imprisonment and fines from the 
equivalent of 100 to 1,000 days' pay, the highest in the country.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice. 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 reports police tortured protesters detained in May at 
the Third Summit of Latin America, the Caribbean, and the European 
Union in Guadalajara (see Section 1.c.).

    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 at the local level, 
particularly in the South. A generally amicable relationship among the 
various religions in society contributed to religious freedom; however, 
in some southern areas of the country, 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 may reject applications 
because of incomplete documentation, the registration process was 
routine. An estimated 6,247 religious associations were 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.
    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 49,466 such visas since 1995.
    There were incidents of violence between religious groups, 
principally in Chiapas, during the year. The situation in Chiapas was a 
result of a complex mix of economic, ethnic, political, and religious 
tensions. There was 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 regarded 
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 
resisted making financial donations demanded by community norms that go 
partly to local celebrations of Catholic religious holidays and resist 
participating in festivals involving alcohol. 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 June 22, a group that included local officials drove seven 
Protestant families from their homes in Las Margaritas Township because 
they asked local officials to ensure respect for their freedom of 
worship. The families joined approximately 300 to 400 Tojolabal 
Christians expelled from their farms in Las Margaritas Township. The 
Nuevo Matzan village council ordered 15 evangelical families to abandon 
their homes or face severe consequences. By year's end, state 
government officials in Chiapas had taken no action because they 
claimed that the families left voluntarily.
    In Chiapas, traditionalist local leaders denied approximately 150 
children access to the local public schools in 6 indigenous communities 
every year since 1994 because they were evangelicals. They received 
instruction in separate classrooms under a program that began in 2001 
to provide education for children who were marginalized due to their 
religious affiliation.
    According to the CNDH, from June 1991 to March 2003, it received 
1,110 complaints of discrimination on religious grounds, especially 
from members of the Jehovah's Witnesses, for their refusal to 
participate in national anthem and flag ceremonies in schools.
    There were numerous reports of Jehovah's Witnesses being fined, 
denied building extensions, evicted from their homes, and imprisoned 
for not participating in Catholic feast days, not contributing funds 
for construction of Catholic churches, and not contributing to Catholic 
religious festivals.
    In Uripitio, Michoacan State Alejandro Perez, a Jehovah's Witness, 
was denied access to drinking water because he did not contribute $600 
(6,000 pesos) for the construction of a Catholic church. By year's end, 
the local authorities had stopped pressuring Perez.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The law does not permit forced exile, and it was not practiced.
    In June, the ICRC noted that the emergency situation no longer 
existed among the internally displaced persons in Chiapas and 
terminated its humanitarian activities there.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees and asylum seekers. 
During the year, the Government participated in a range of UNHCR 
training programs. The Government also provided temporary protection to 
individuals who may not qualify as refugees under the 1951 Convention/
1967 Protocol.
    Corrupt police sometimes violated the rights of illegal immigrants. 
There also were credible reports that police, immigration, and customs 
officials were involved in the trafficking of illegal migrants. 
Migrants who transited a halfway house in southern Chiapas 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. 
There was an increase in the number of such gangs, as well as in the 
level of violence. Illegal immigrants rarely filed charges in cases of 
crimes committed against them because the authorities generally 
deported such persons who came to their attention. Many pending cases 
brought by illegal immigrants were subject to dismissal because the 
complainant was no longer present in the country.
    In February 2003, CNDH president Jose Luis Soberanes, in his annual 
report to Congress, recognized the government's lack of protection for 
migrants. The CNDH found problems at all levels of government, 
including corruption, impunity, and the complicity of immigration 
officials and local, state, and federal officials.
    In March 2003, the U.N. Special Rapporteur on Human Rights of 
Migrants, Gabriela Rodriguez Pizarro, reported that she found apparent 
complicity among traffickers, delinquents who prey on migrants, and the 
authorities who extort migrants. She criticized the lack of facilities 
at immigration detention centers in the south of the country, including 
the use of local jails. She also noted the precarious medical attention 
at migrant stations and the humiliating treatment meted out to migrants 
by 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 periodic, free, and fair elections held on the basis of 
universal suffrage. Presidents are elected every 6 years and cannot be 
reelected. While elections were open and generally fair, accusations of 
abuses continued to occur, most often in state and local elections. 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. In July 2003, federal elections were held to 
elect members of Congress. Observers, both international and domestic, 
judged the elections to be generally free and fair.
    In August 2003, Zacatecas became the first state to allow migrants 
to run for state office, including citizens who have never lived in, 
and were not born in, the country.
    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 6 political parties registered and 36 political groups. Parties 
must receive at least 2 percent of the vote in national elections to 
maintain their registration. 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.
    There were controversies over state and municipal elections.
    During the year, 10 states held elections for governor along with 
municipal elections. There were legal challenges to the conduct of the 
gubernatorial elections in Oaxaca and Veracruz and the mayoral election 
in Tijuana; however, the challenges were all denied. Consequently, on 
December 1, the three victors assumed their respective positions.
    Corruption was a problem at both the federal and state levels (see 
Sections 1.a. through 1.e., 2.a., 2.d., 5, and 6). The CNDH reported in 
May that Guerrero, Morelos, the Federal District, and Chiapas were the 
states that receive the most corruption complaints.
    Two years after the passage of the Law for Transparency and Access 
to Information, transparency in public administration, both at the 
federal and local levels had not been achieved. The implementation of 
procedures to facilitate access to public information and the lack of 
clarity in the process by which state officials make information 
available to public opinion remained areas of concern. However, on 
March 30, the Supreme Court of Justice and Federal Judiciary Council 
unanimously ruled that the general public can review court rulings and 
settlements made during the litigation process and ordered the 
placement of court decisions on the Internet. Many observers noted that 
the federal law allows individual states wide liberty in interpretation 
and development of procedures, thereby leading to a lack of uniformity. 
Fifteen states had Access to Information Laws but only 30 percent of 
these can actually provide access to information in a systematic 
manner.
    There were 28 women in the 128-seat Senate and 117 women in the 
500-seat lower house. There was one female justice on the Supreme 
Court. The State of Zacatecas elected a female governor. There was one 
female cabinet member (Director of Social Development) and two women in 
the extended cabinet (the Director of the National Women's Institute 
and the Director of the Institute for Indigenous Affairs).
    Many state electoral codes provide that no more than 70 to 80 
percent of candidates can be of the same gender. All political parties 
continued their efforts 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. Women candidates often led the ticket in districts where their 
parties had little chance of winning. According to statistics from 
2002, the PRD's membership was 48 percent female, its leadership was 27 
percent female, 26 percent of its representatives and 12 percent of its 
senators were female, and it had a female party president. The PAN 
utilized more informal methods to increase female registration. An 
estimated 24 percent of its leadership was female, and close to 17 
percent of representatives and 13 percent of its senators were 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 were female.
    There were no statistics available regarding minority participation 
in the Government.
    The Constitution provides for the right 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 domestic and international human rights groups 
generally operated without government restriction, investigating 
allegations of human rights abuses and publishing their findings on 
human rights cases. Government officials often were cooperative and 
responsive to their views. According to the Secretariat of Government's 
Directorate of Liaison with Social and Civil Organizations, in 2002 
there were 5,339 NGOs active in the country, which played an important 
and vocal role in the promotion of civil society. According to the 
latest statistics available from the Secretariat of Government's 
Directorate of Liaison with Social and Civil Organizations, there were 
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 March 2003, a decree creating a Commission for Government Policy 
on Human Rights was published in the Federal Register. The Commission 
convened every 3 months, was responsible for designing a government 
human rights policy, coordinating actions, and creating mechanisms for 
the implementation of recommendations handed down by the CNDH and other 
international human rights organizations with which the Government has 
obligations.
    Reports of harassment, attacks, and detentions of human rights 
workers diminished; however, they continued to occur.
    On January 4, AI reported that the president of the Center for 
Border Studies and Promotion of Human Rights (CEFPRODHAC), Arturo 
Solis, received death threats after calling on authorities to fully 
investigate the abduction and killing of Jose Antonio Cervantes Espleta 
in Reynosa, State of Tamaulipas. Also in January, General Jose 
Francisco Gallardo reported receiving a threatening telephone call 
after he had criticized the appointment of an army general to an anti-
terrorist unit with the PGR. Gallardo also reported that he had 
observed unknown vehicles monitoring his movements
    In August, a Mexico City judge ruled against the injunction 
(amparo) asked for by the family of human rights activist Digna Ochoa 
and upheld the July 2003 ruling of the Mexico City attorney general's 
office (PGJDF) that her death was a suicide.
    On July 21, the Mexico City human rights commission (CDHDF) issued 
a report that found irregularities and flaws in the police 
investigation of the case. For example, written descriptions of the 
scene of the crime didn't match photographs and the description of the 
injuries Ochoa suffered was incomplete. The CDHDF concluded that the 
irregularities did not ``generate certainty.''
    In August 2003, an unknown assailant killed human rights defender 
Grisdelda Teresa Tirado Evangelio near her home in Puebla. Tirado, a 
teacher and an IFE council member in Puebla, was one of the founders of 
an indigenous rights association and was involved in litigation of 
various agrarian disputes in the indigenous communities. Police were 
investigating to determine if Tirado was targeted for her human rights 
activity or the victim of a crime. On February 15, Alfonso Garcia Reyes 
and Amelia Cruz Sanchez were arrested and detained as the probable 
suspects in the crime according to the Puebla Human Rights Commission.
    The CNDH is the country's autonomous human rights ombudsman, whose 
president is chosen by the Senate for a 5-year term. In October, the 
Senate ratified Jose Soberanes for a new 5-year term. Each state also 
has a state human rights office (CEDH). In theory, the CEDH were also 
autonomous; however, each CEDH president was chosen by the state 
governor. In August, AI reported that the president of the Chiapas 
State human rights commission, Pedro Raul Lopez, had been suspended by 
the state congress over allegations that he had obstructed 
investigation into the commission's finances. AI and other NGOs alleged 
that Lopez was suspended because of his work on behalf of human rights. 
State authorities contended that he was fired due to financial 
irregularities. The CNDH issues an annual report to Congress on the 
state of human rights in the country. The CNDH made 62 recommendations 
as of September. The recommendations were based on investigations 
generated by complaints received. During the year, the CNDH promoted 
legislation to make its recommendations binding on the recipient 
agency.
    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. SEDENA reported it had 
graduated 250 officers from this course. These officers were 
responsible for training at the different unit levels within the Army 
and Air Force. The CNDH reported that between March 2002 and July 2003 
it had given 61 seminars on human rights to 15,724 members of the Armed 
Forces, including 1,200 flag officers. In addition, 12 military 
instructors were trained to teach human rights courses.
    In April 2003, the Navy adopted a ``Manual on Human Rights for the 
Mexican Navy,'' which complements the Disciplinary Law of the Mexican 
Navy.
    Both the Senate and the Chamber of Deputies have committees that 
monitor human rights and occasionally draft legislation concerning 
human rights. They played a significant role with respect to votes in 
Congress.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    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''; the Government continued to make 
progress enforcing these provisions. In March 2003, a Secretariat of 
Foreign Relations (SRE) study revealed that 90 percent of the 
population suffered some type of discrimination. Women, indigenous 
groups, and persons with disabilities were the most affected. 
Complaints of discrimination against a public official may be filed 
with the CNDH. If a complaint alleges discrimination on the part of a 
private party, then it must be filed with the judicial system.

    Women.--The most pervasive violations of women's rights involved 
domestic and sexual violence, which were widespread and vastly 
underreported. The law prohibits domestic violence and provides for 
fines equal to 30 to 180 days' pay and the detention of violators for 
up to 36 hours. According to a survey by the National Statistical 
Agency (INEGI), 47 percent of women age 15 and up have suffered at 
least one incident of physical, emotional, or sexual aggression.
    The DIF for the State of Mexico (DIFEM) reported that between 
January and September, it received 1,157 complaints of intra-family 
violence involving 2,075 victims, the majority of them women and 
children under age 10. According to the PGJDF, 40 women died as a 
result of intra-family violence during 2003-04. During the year, 11,396 
women called the hotline ``Vida sin Violencia'' (Life Without Violence) 
to report some form of violence against them.
    In 2001, the Fox administration created the National Women's 
Institute, an autonomous organization that promoted public policies 
favoring non-discrimination and gender equity. It also publicized 
violations of women's human rights to promote debate and change. During 
the year, the Institute made recommendations to the Secretary of Public 
Security (SSP) to enhance protection of women's human rights in prison. 
In addition, it ran a mock court program for law students and trained 
judges to help them understand the country's obligations under 
international law.
    The law prohibits rape, including spousal rape, and applies to both 
married and 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 rarely was invoked.
    The law does not forbid prostitution. However, pimping is illegal 
and it is also illegal for persons under the age of 18 to work in 
prostitution. Sexual tourism was a problem, and popular tourist 
destinations, such as Acapulco, Cancun, and Puerto Vallarta reported 
incidents of sexual exploitation of minors.
    In August 2003, AI and the Chihuahua Women's Institute reported 
that during the previous 10 years, over 300 women had been killed, of 
whom approximately 100 had been sexually assaulted, in Ciudad Juarez 
and other parts of Chihuahua State. Subsequently, in October 2003, 
President Fox named Guadalupe Morfin Otero as the head of the new 
federal Commission to Prevent and Eradicate Violence Against Women in 
Ciudad Juarez. With a limited budget, Morfin investigated the issues 
surrounding the deaths and disappearances and requested that the 
authorities apply Istanbul Protocol procedures in the cases of four 
persons charged with having killed women (see Section 1.c.). In 
January, President Fox appointed Maria Lopez Urbina as federal Special 
Prosecutor for Women's Homicides in Ciudad Juarez as part of the PGR's 
Office of Human Rights. During the year, she reviewed approximately 50 
cases and in June, she reported that her investigation had not turned 
up any evidence of a serial killer. The review revealed that 81 state 
and local officials had lost evidence, contaminated crime scenes, and 
had been slow to act to protect endangered women. Mario Alvarez, deputy 
attorney general, stated that Chihuahua State prosecutors were weighing 
criminal abuse of power charges against those officials. By year's end, 
Lopez Urbina had cited 130 Chihuahua public servants for negligence.
    During the year, the bodies of 16 more dead women were found in 
Ciudad Juarez. In March, an AI report reviewed progress made during 
2003 and recommended that the authorities take an integrated approach 
to prevent and investigate all forms of gender-based violence in 
Chihuahua State, investigate the allegations of torture made by 
suspects detained and interrogated by state judicial police, and 
respect the rights of the victims, their families, and human rights 
organizations.
    In April, a team of U.N. criminal justice experts returned to 
Ciudad Juarez to review progress made on September 2003recommendations. 
They found that no attempts had been made to implement the 
recommendations, except for some minimal training provided to state 
police. During their second visit, the U.N. experts urged the state to 
reopen all cases in which the accused perpetrators had alleged torture 
at the hands of state authorities.
    In April, several members of the lower house of Congress formed a 
special commission to follow developments. Marcela Lagarde, head of the 
commission and a legislator representing Mexico City, said that the 
commission would work for legal action against the former and current 
governors of Chihuahua and various officials from both administrations, 
due to the severe irregularities throughout the course of the state's 
investigations of the killings.
    In June, Special Prosecutor Lopez Urbina named 81 current and 
former Chihuahua State officials for negligence in investigating the 
cases of the disappeared and dead women. In October, she named 49 more 
officials. Chihuahua State authorities released the names of 54 of 
these officials and were responsible for any prosecution of them. In 
November, Chihuahua State attorney general, Patricia Gonzalez 
Rodriguez, suspended some of the staff in the state attorney general's 
office (PGJE) while investigations were conducted into how they handled 
the investigations of women's murders in Ciudad Juarez. At year's end, 
as a result of Lopez Urbina's recommendations, Gonzalez asked a judge 
for arrest warrants against three current and two former state 
officials. She also requested administrative sanctions be taken against 
15 more state officials.
    In August, the Alameda County, California, sheriff's office 
released its findings from DNA tests performed in May on the remains 
and family members of several dead or disappeared women from Chihuahua. 
The exams revealed that the remains presented by the state as those of 
victim Neyra Azucena Cervantes were actually those of a male. The 
victim's mother subsequently stated that she planned to pursue the 
matter with Chihuahua State authorities.
    The United Security Program, launched in Ciudad Juarez in 2003 to 
curb crime and protect women, was unsuccessful. Despite the presence of 
over 700 federal officers, the overall crime rate increased by more 
than 12 percent, and most officers had left the city by year's end.
    Trafficking in women for the purpose of sexual exploitation was a 
problem (see Section 5, Trafficking.).
    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. Reports of sexual 
harassment in the workplace were widespread. Statistics 2001 led the 
CDHDF to estimate that at least 80 percent of the women who work in 
Mexico City have experienced sexual harassment.
    Women also suffered harassment and discrimination from public 
officials. In March, the CNDH reported that between February 2000 and 
February, it received 3,528 complaints from women who alleged offenses 
by federal officials. The leading complaint was abuse of authority, 
followed by denial of or inadequate provision of medical services, 
denial of or inadequate provision of electrical services, threats, and 
denial of the right to file a complaint. The main entity receiving 
complaints was the Institute for Social Security (IMSS), which usually 
received complaints for negligence in providing medical care to women.
    Although the Constitution provides for equality between the sexes, 
neither the authorities nor society in general respected this principle 
in practice. The legal treatment of women's rights was 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 resided with the 
father, or there was 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 workforce generally were paid 
less than their male counterparts and were concentrated in lower-paying 
occupations.
    Labor law provides extensive maternity protection, including 6 
weeks' leave before and after childbirth and time off for breastfeeding 
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 violated 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. The Secretariat of 
Labor made safety and hygiene inspections in private factories and 
public institutions to protect the labor rights of workers (see Section 
6.e.).
    In January, the NGO Catholic Agency for Overseas Development 
alleged that in Guadalajara, electronic subcontractors recruited poorly 
educated, young women and subjected them to degrading interviews about 
their sexual histories and invasive physical examinations that include 
internal exams and pregnancy tests.
    In August, Ninett Torres Villareal had her scholarship from the 
Mexican Writers' Center withdrawn when the director of the Center 
discovered she was 6-months pregnant. The Gender Equity Commission in 
the Mexican Congress offered to intervene, and the scholarship was 
reinstated in September.

    Children.--The Government maintained 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 remained. 
Nine years of education are compulsory, and parents are legally liable 
for their children's attendance; however, SEP and the Sierra 
Neighborhood Foundation 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 
attended school at similar rates. In marginalized rural areas, national 
statistical agencies reported that 60 percent of girls attended primary 
school compared with 70 percent of boys. In July, press reports 
indicated that incompetent teachers are protected by the teacher's 
union from discipline. The press reported the case of a teacher who 
continued to hold his position while never showing up at his class and 
alleged that teacher's positions are ``sold'' through the union rather 
than competed openly. Primary education is compulsory, free, and 
universal. A 2000 study showed that 19 percent of students completed 
grade school and 19 percent completed the 9th grade.
    In July 2003, the CNDH reported that it had detected serious 
violations to basic rights in the majority of the 54 juvenile 
reformatories in the country (see Section 1.c.).
    The Government provided equal access to medical care for boys and 
girls.
    Trafficking in children for the purpose of sexual exploitation was 
a problem (see Section 5, Trafficking).
    In 2003, DIF received 1,372 complaints of child abuse.
    There were an estimated 1,200 street children in Jalisco State, 
half of whom were believed to be victims of sexual abuse. The children 
were concentrated largely in Guadalajara, Puerto Vallarta, and San Juan 
de los Lagos, and in areas with a heavy foreign tourist presence.
    Child labor was a problem, particularly among migrant farming 
families (see Section 6.d.).

    Trafficking in Persons.--Various laws prohibit aspects of 
trafficking in persons; however, trafficking was a serious problem, and 
there were credible reports that police, immigration, and customs 
officials were involved in trafficking (see Section 2.d.). In February, 
press reports charged that immigration officials in Chetumal, Quintana 
Roo State were helping a network to traffic persons into the southern 
part of the country. There were reports that persons were trafficked 
to, from, and within the country.
    Trafficking in persons is forbidden under the General Population 
Law, immigration laws, the Federal Organized Crime law, and federal and 
state penal codes, all of which were used to prosecute traffickers of 
undocumented migrants, women, and children.
    Child prostitution and pornography are felonies under the law; 
however, sexual exploitation was 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 sexual exploitation can be 
sentenced to 5 to 10 years' imprisonment. If convicted, parents or 
guardians automatically lose custody of their children. Accomplices to 
sexual abuse or exploitation may be imprisoned for 6 to 10 years. When 
physical or psychological violence was 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.
    The Government had 12 cases in progress against trafficking 
organizations in various states. As of September, the authorities had 
detained 664 persons for trafficking-related offenses. Through August, 
the Government reported the rescue of 2,747 victims.
    On February 26, the deputy chief of criminal investigations at the 
Chihuahua State judicial police was arrested and accused of raping a 
minor and of running a prostitution ring. Five minors formally 
complained against him, but the judge released him on bond several days 
later for lack of evidence.
    On March 19, seven police officers, two former police officers, and 
seven INM officials were arrested in Chihuahua State in connection with 
a large alien smuggling case. The police officers were released for 
lack of evidence, but the INM officials remain in custody and their 
court case was pending. It was unclear whether they had been involved 
in alien smuggling or trafficking because alien smugglers were often 
traffickers of persons, drugs, and arms.
    The Government has a Plan of Action to Prevent, Attend, and 
Eradicate the Commercial Sexual Exploitation of Minors. The program, 
which was administered through the DIF, supported by numerous executive 
and legislative branch entities, had begun specifics programs in 
various states and had supervised 64 operations during which 115 girls 
and 7 boys were rescued.
    The National Migration Institute (INM), the PGR, the DIF, the 
Center for Intelligence and National Security (CISEN), and the PFP were 
the key federal agencies devoted to combating trafficking, protecting 
victims, and prosecuting traffickers. In September, they launched an 
assessment of trafficking in the state of Baja California Norte and the 
city of Tapachula being conducted by the International Office on 
Migration (IOM). The project began in September and will be concluded 
in September 2005. The project, conducted jointly with INM (National 
Migration Institute), OAS, INMUJERES, and the Interamerican Commission 
on Women (ICW), includes training for immigration agents on both 
borders.
    The Government continued to cooperate with other countries. In 
August 2003, immigration officials from Nicaragua, El Salvador, 
Honduras, Guatemala, Ecuador, Colombia, and the United States met to 
develop strategies against trafficking and smuggling in persons. In 
March, the country signed an agreement with Guatemala for the 
protection of victims of trafficking on the southern border.
    As part of its Memorandum of Understanding with Guatemala, the INM 
began a program in which residency permits were issued to trafficking 
victims who agree to participate in prosecutions against traffickers.
    A 2003 book entitled ``Infancy as Sexual Merchandise'' estimated 
that there were 16-20,000 children involved in the sex trade.
    The country was a point of origin, transit, overwhelmingly from 
Central America, and destination for trafficked individuals. To a much 
lesser extent, persons from Brazil, Ecuador, China, Taiwan, India, and 
some countries in Eastern Europe transited the country. The poor and 
less educated were more at risk for trafficking.
    In late 2003 and early in the year, press reports indicated that 
women were being trafficked from Cancun to the United States for sexual 
exploitation.
    In February, law enforcement dismantled an organized crime network 
that trafficked women and forced them into prostitution in New York. On 
February 10, a judge in Tlaxcala issued warrants for the arrest of 16 
suspects in the investigation. Later in February, police arrested six 
members of the network in several cities. At year's end, parallel 
prosecutions were ongoing in both the United States and Mexico.
    Several NGOs, including the Bilateral Border Safety Coalition, the 
IOM, Casa Alianza, The Coalition Against Trafficking in Women, Sin 
Fronteras, and Las Mercedes assisted trafficking victims with education 
and prevention programs.
    The Government supported general prevention campaigns for children 
and women and administered assistance programs for children repatriated 
to the country. The legal framework exists to protect the victims of 
trafficking and provide social services to these victims. However, in 
practice illegal immigrants usually were deported.

    Persons With Disabilities.--Discrimination against persons with 
disabilities in employment, education, access to health care, and the 
provision of other services continued. 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 did not comply with the law. 
The Federal District also mandated access for children with physical 
disabilities to all public and private schools.
    The President's Office for the Promotion and Social Integration of 
Persons with Disabilities estimated that there were 267,000 new cases a 
year of persons with disabilities owing to accidents, births, or 
diseases. According to INEGI, there were 988 registered institutions of 
or for persons with disabilities. In Mexico City, 166 NGOs addressed 
problems affecting persons with physical disabilities.
    In June 2003, President Fox signed a new Anti-Discrimination Law 
passed by both houses of Congress that provides for access to health 
services, education, culture, transportation, and employment for 
persons with disabilities. NGOs claimed the law had little effect since 
many persons were not aware of its existence.
    The DIF had 62 Rehabilitation Centers in 31 states and the Federal 
District and more than 600 Basic Rehabilitation Units throughout the 
country.
    During the July 2003 congressional elections, the Federal District 
Electoral Institute (IEDF) provided ballots, ballot boxes, and a 
special ballot holder and marker for the vision and motor skill 
impaired voters. The same provisions were made for persons with 
disabilities in the various state elections that occurred during the 
year.

    Indigenous People.--The indigenous population has been long subject 
to discrimination, repression, and marginalization.
    In June, President Fox created the Consultative Council of 
Indigenous People, which was to meet four times a year to help direct 
governmental action on indigenous matters.
    The National Commission for the Development of Indigenous Peoples 
(NCDIP) estimated the indigenous population at 10.25 million; however, 
there were unofficial estimates of 12.7 million. Estimates from other 
organizations varied from 8 to 10 million. The NCDIP listed: 6 million 
native indigenous dialect speakers over 5 years of age and 4.2 million 
individuals who identified themselves as indigenous, but did not speak 
an indigenous dialect. Indigenous people were located principally in 
the central and southern regions and represented 37 percent of the 
population in the States of Oaxaca and Yucatan. However, these groups 
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 was 
negligible.
    According to a study by the Mexican Health Foundation, 81 percent 
of the indigenous population lived in poverty.
    According to the NCDIP, 66.5 percent of indigenous children less 
than 4 years of age resided in areas where the infant mortality rate 
was very high.
    Lack of resources and the fragmentation of indigenous communities 
continued to make enforcement of the 2001 constitutional reforms, which 
provided for additional rights and autonomy, extremely difficult.
    Indigenous communities continued to insist that they want to have 
the power to decide which commercial firms operate in their communities 
and which ones should close; however, only the Southern State of Oaxaca 
had a state Law of Indigenous Participation.
    Media reports indicated a state of heightened tension in Chiapas 
due to paramilitary activity. The state government, since taking power 
in 2002, has arrested 25 paramilitary leaders.
    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 troops in selected areas of Chiapas, 
and in Guerrero. Incidents of conflict in Chiapas between security 
forces and Zaptista Army of National Liberation sympathizers, and in 
Guerrero between the army and the Popular Revolutionary Army and the 
Insurgent's Revolutionary Army led to accusations of the use of 
excessive force; however, the confused circumstances of these clashes 
made those allegations difficult to substantiate.
    AI reported that on January 14, police used excessive force to 
evict indigenous people occupying the town hall in Tlalnepantla, 
Morelos. Police shot and killed Gregorio Sanchez and injured 12 others.
    Sporadic outbursts of politically motivated and land dispute 
violence continued to occur in the Southern States of Chiapas, 
Guerrero, and Oaxaca. Historic land disputes were also a cause of 
tension in the indigenous regions, especially in Oaxaca, Guerrero, and 
Chiapas (see Section 1.a.).
    In April, the BBC reported conflict in Chiapas between supporters 
of the Zapatistas and other Indigenous groups, occasioned by the 
refusal of the rebel supporters who lost their water service to 
cooperate in maintaining and paying for the area's water system. There 
were reports that the EZLN's campaign to extend ``autonomous 
townships'' had caused resentment from neighboring indigenous groups. 
In April, members of a dozen indigenous settlements reportedly wrote to 
federal authorities to ask that the Zapatistas leave them alone.
    On September 20, unknown assailants killed Tomas Sosimo Santos, a 
member of the indigenous opposition in La Angostura, Guerrero. An 
investigation into his death was ongoing at year's end.
    Judges often failed to sentence indigenous detainees within legally 
mandated periods (see Section 1.e.). The NDCIP tried to provide 
translators and bail assistance to indigenous defendants (see Section 
1.d.).
    In November, AI reported six examples of sexual abuse of indigenous 
women to indict the country's authorities for failure to provide proper 
forensic services to indigenous women and of failing to prosecute 
soldiers accused of raping indigenous women.
    Indigenous people did not live on autonomous reservations, although 
some indigenous communities exercised considerable local control over 
economic, political, and social issues. In the State of Oaxaca, for 
example, 70 percent of the 570 municipalities were 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 applied 
traditional practices to resolve disputes and to choose local 
officials. Quintana Roo had 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 tended to exclude women from 
the political process. Usages and customs also often infringed on other 
rights of women.
    The law provides some protection for indigenous people, and the 
Government provided 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 spoke only their native languages, and indigenous 
children faced discrimination for speaking their native tongue. In 
August, HRW reported that indigenous communities in Guerrero State 
lacked teachers for primary schools.
    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 reviewed and investigated 
violations of indigenous rights. More than 130 NGOs were dedicated to 
the promotion and protection of indigenous rights.
    After a June 2003 visit to several indigenous communities, the U.N. 
Special Rapporteur on the Situation of Human Rights and Basic Liberties 
of Indigenous Peoples, Rodolfo Stavenhagen, called for constitutional 
reform to resolve the situation in Chiapas and the crisis of persons 
displaced by conflict.
    At year's end, four municipal officers, Sergio Cabrera Carrasco, 
Tomas Gutierrez Lopez, Jesus Sanchez Gomez, and Arturo Santiago Lopez 
from Union Hidalgo, Oaxaca State remained detained pending disposition 
of charges for homicide and abuse of authority.

    Other Societal Abuses.--On September 23, President Fox called on 
the National Multi-Sectoral Council on HIV/AIDS (CONASIDA), and the 
secretaries of labor, education, and defense to conduct a rapid 
assessment of the prevalence of discrimination against HIV positive 
persons in the workplace, in the armed forces, and even among 
schoolchildren and to present a plan for corrective action.
    In August, CNDH issued a recommendation to the Secretariat of the 
Navy to have its physicians refrain from administering tests for 
detection of HIV without the consent of the patient. CNDH found that 
the Navy violated an employee's right to privacy when it performed the 
test without consent. Members of Congress alleged that the military 
routinely discharged HIV-positive members.
    According to the CNDH, the states that receive the most complaints 
from people suffering from HIV were the Federal District, Nuevo Leon, 
Jalisco, and Mexico. The most often-cited complaint was the denial of 
medical services to HIV patients.
    In May, Oscar del Real Lopez died in the Los Mochis prison in 
Sinaloa. According to the state's commission on human rights, he was 
denied medical attention because he was infected with the HIV virus.
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 and workers exercised this right in practice. 
Approximately 15 percent of the total work force was unionized, mostly 
in the formal sector, where approximately one-half the labor force was 
employed.
    In June, 51 employees of the Mexican Petroleum Company (PEMEX), the 
state oil monopoly, were fired for trying to form their own union. The 
Inter-American Court on Human Rights and the International Labor 
Organization were investigating these cases at year's end.

    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 ``white'' or company unions as an alternative to mainstream 
national or local unions. Representation elections were traditionally 
open, not secret. Traditionally, management and union officials were 
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 pro-union workers and in reprisals 
against them, were prevailing practice but were not required by law or 
regulation. Secret ballots were held when all parties agree.
    The law provides for the right to strike, and workers exercised 
this right in practice. Although few strikes actually occur, informal 
stoppages were 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 were 
rare. Informal ones were more frequent. There were 23 strikes during 
the year. According to the Secretariat of Labor and Social Welfare, in 
the 4 years that the Fox administration has been in office there were 
147 strikes nationwide.
    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 claimed that its 
members employed approximately 1.14 million persons as of November. 
According to INEGI, there were an average of 2,809 active maquiladora 
plants in the country as of September, a dramatic drop from the 3,901 
reported in 2003. By December, the maquiladora sector appeared to be 
experiencing a rebound. 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 was not privy, sometimes 
were used in the maquila sector and elsewhere to discourage the 
development of authentic unions. These contracts were 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 Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
forced labor was a problem. In August, a group of indigenous workers 
from Oaxaca, Guerrero, and Veracruz claimed to local police that they 
had been brought to the State of Chihuahua and forced to live and work 
in the fields under inhuman conditions. Several of the Northern States 
have experienced an influx of poor and often indigenous workers from 
other states, who were sometimes victims of abusive labor practices. 
Three such cases presented in Chihuahua during the year were under 
investigation by local authorities at year's end.
    Forced labor by children was a problem (see Section 6.d.).

    d. Prohibition of Child Labor 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 
remained a problem. Those between the ages of 14 and 16 may work only 
limited hours, with no night or hazardous work. 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.
    There were no reliable statistics on child labor in the rural 
areas. Most child labor was in the informal sector (including myriad 
underage street vendors), family-owned workshops, or in agriculture and 
rural areas. A study conducted by UNICEF and DIF found that urban child 
labor dropped by 17 percent from 1998-2003. The same study also found 
very little change in the number of hours worked and salaries earned by 
child laborers. One study by DIF and UNICEF concluded that 90,000 
children in the State of Michoacan worked in slave-like conditions.
    In May 2003, the Chamber of Deputies reported that at least 5 
million children, mainly indigenous, work in the agricultural sector, 
the majority in harsh conditions of exploitation. The Commission for 
Rural Development reported that minors were employed by large agro-
businesses, especially in Guanajuato, Sonora, Sinaloa, and Baja 
California and received salaries much less than those paid to an adult.
    During the first 4 months of the year, 700 unaccompanied minors 
were apprehended along the country's northern borders. Most were 
between the ages of 15-17 and were caught while acting as drug and 
alien smugglers.
    The Government, through DIF and programs for indigenous children, 
tried to provide education on site to the children of itinerant 
agricultural workers, who traditionally travel from place to place 
during the harvest season.
    Trafficking in children for sexual exploitation was a problem (see 
Section 5).

    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. For the year, the minimum daily wages, 
determined by zone, were: Zone A (Baja California, Federal District, 
State of Mexico, and larger cities) $4.12 (46.80 pesos); Zone B 
(Sonora, Nuevo Leon, Tamaulipas, Veracruz and Jalisco) $3.99 (45.35 
pesos); Zone C (all other states) $3.87 (44.05 pesos).
    The minimum wages did not provide a decent standard of living for a 
worker and family. Few workers (approximately 15 percent) earned only 
the minimum wage; most workers earned 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 LFT sets 6 8-hour days as the legal workweek, but with pay for 
56 hours. For most industrial workers, especially under union contract, 
the true workweek was 42 hours, although they were paid for 7 full 8-
hour days. This was one reason why unions vigorously defended the legal 
ban on hourly wages. Workers asked to exceed 3 hours of overtime per 
day or required to work overtime on 3 consecutive days must be paid 
triple the normal wage.
    The 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 were responsible for 
workplace enforcement in plants and offices.
    STPS and IMSS officials continued to report that compliance was 
reasonably good at most large companies. However, because smaller firms 
were far more numerous and more difficult to monitor, these officials 
were unable to draw any general conclusions about their compliance. 
There were not enough federal inspectors to enforce health and safety 
standards at smaller firms. There were special problems in 
construction, where unskilled, untrained, poorly educated, transient 
labor was common, especially at many small sites and companies.
    By September, the Secretariat of Labor had made 4,023 safety and 
hygiene inspections in private factories and public institutions; 
however, the 225 federal labor inspectors and approximately 350 state 
inspectors were too few to permit frequent inspections.
    Individual employees or unions 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.

                               __________

                               NICARAGUA

    Nicaragua is a constitutional democracy, with a directly elected 
president, vice president, and unicameral legislature. In 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 ostensibly 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 influence and corruption.
    The President is the supreme chief of the national defense and 
security forces. A civilian has led the Ministry of Defense since 1997; 
however, the Minister of Defense has limited authority over the 
military under the Constitution. The Ministry of Government oversees 
the National Police (NNP), which is charged formally with internal 
security; however, the police share this responsibility with the army 
in rural areas. The civilian authorities generally maintained effective 
control of the security forces. Some members of the security forces 
committed human rights abuses.
    The market-based economy is predominantly agricultural; seafood, 
apparel assembly, and tourism are also important. The country's 
population is approximately 5.4 million. A worldwide drop in coffee 
prices, the lack of an adequate legal framework for investors, a 
fragile banking system, the high level of external and domestic debt, 
and unresolved property disputes stemming from massive confiscations by 
the Sandinista government in the 1980s limited economic growth. 
Government officials reported 4.2 percent gross domestic product growth 
in real terms during the year. While official figures were unavailable, 
a November 2003 Gallup poll found 41 percent unemployment. During the 
year, the U.N. estimated unemployment at 30 percent. The economy 
remains heavily dependent on foreign aid and remittances from abroad. 
Wages have generally kept even with inflation. The Government generally 
respected the human rights of its citizens; however, serious problems 
remained in some areas. At year's end, there were ongoing 
investigations of members of the security forces accused of having 
committed unlawful killings. Police continued to beat and otherwise 
abuse detainees. Some detainees credibly alleged that they were 
tortured. Holding cell conditions remained harsh. Security forces 
arbitrarily arrested and detained citizens; however, the number of 
reports of arbitrary arrests and detentions decreased during the year. 
The Government effectively punished some of those who committed abuses; 
however, a degree of impunity persisted. The new criminal procedures 
code took effect for all new cases at the end of the year. The 
judiciary is subject to political influence and corruption. The 
weakness of the judiciary continued to hamper prosecution of human 
rights abusers in many cases. The office of Human Rights Ombudsman 
remained vacant for 6 months due to political disputes between the two 
major political parties. Violence against women, including domestic 
abuse and rape, remained a concern. Salary discrimination against women 
in the labor force is endemic. Violence against children and child 
prostitution continued. There were several documented reports of 
trafficking in women and girls for the purpose of sexual exploitation. 
Discrimination against indigenous people also occurred. Child labor 
continued to be a problem. The violation of worker rights in free trade 
zones continued.
                        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 officials; 
however, during the year, the police received 20 allegations of 
unlawful killings by police officers; each of these was referred to the 
IG of the police (IG). In seven cases, the IG's office exonerated the 
police officers of any wrongdoing. In 11 other cases, the IG handed 
down administrative punishments. The remaining two cases remained under 
investigation at year's end. All homicide cases involving police were 
automatically referred to the courts for review, but few verdicts had 
been handed down by the end of the year. There were 54 reported 
injuries inflicted on criminal suspects by police during arrests (see 
section 1.d.).
    On February 10, unknown persons killed radio journalist Carlos 
Guadamuz in what the public and media widely regarded as a political 
assassination (see Section 2.a.).
    On April 5, police officers Fernando Escobar and Victor Manuel 
Jarquin shot and killed Wilfredo Alberto Mereno in Chichigalpa while he 
was holding a knife to the neck of and threatening to kill his domestic 
partner. Mereno's brother claimed that the police killed Mereno without 
trying to negotiate with him and maintained that Mereno had no 
intention of harming his partner. However, the Nicaraguan Center for 
Human Rights (CENIDH) mounted an investigation during which several 
witnesses reported that Mereno was intoxicated and violent and that the 
police negotiated, unsuccessfully, with him for an hour; CENIDH 
concluded that the police officers acted correctly. CENIDH noted, that, 
had the officer who fired the fatal shots been armed with a service 
pistol rather than the automatic rifle that many police officers carry, 
Mereno might have survived. Both the IG and the court system also 
concluded that the officers had acted properly under the circumstances.
    On May 4, unknown assailants killed four police officers in 
Bluefields (see Section 5).
    Although officer Javier Somarriba was dishonorably discharged from 
the police force for his June 2003 beating of Saturnino Varela 
Escalante, which led to Varela's death in police custody, the courts 
declared Somarriba not guilty in December 2003.
    Both the police IG and the courts found officer Dimagio Valverde 
not guilty in the August 2003 killing of Marvin Jose Miranda.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law makes the use of torture a punishable crime; 
however there were credible reports that police beat or physically 
mistreated detainees, often to obtain confessions. The IG's Office 
recorded 1,336 complaints of mistreatment by police and found 528 to 
have merit. The IG punished 781 officers involved in these cases. Among 
the complaints were 54 instances in which police seriously wounded 
criminal suspects while attempting to arrest them.
    The IG's Office reported that it received a total of 632 complaints 
of human rights violations by police officers during the year, 
including unlawful killings (see Section 1.a.) and complaints forwarded 
by the Office of Civil Inspection for Professional Responsibility, and 
found 199 to have merit. The IG's Office punished a total of 295 
officers for violation of human rights. Of those punished, the police 
discharged 10 officers dishonorably, remanded 63 to the courts on both 
human rights and corruption charges, and gave the rest lesser 
punishments, including demotion, suspension, and loss of pay.
    On February 21, several police officers allegedly entered the home 
of Mayra Turcios Mojica in Masachapa without a warrant to arrest her 
18-year-old son. When Turcios Mojica protested, the officers threatened 
to arrest her and her 13-year-old daughter. One of the police officers 
knocked the girl unconscious by striking her in the head. The IG 
investigated and concluded that the officers had been in pursuit of an 
armed robbery suspect and had taken him into custody outside of the 
Mojica household. Therefore, they did not need a warrant. The IG found 
no evidence of the abuse or rights violations described by Turcios 
Mojica and concluded that the officers had acted properly.
    In April, Jose Silva of Chaguitillo accused police of shooting at, 
detaining, and beating him as they attempted to break up a scuffle. One 
of the officers reportedly wounded Silva in the leg, foot, and 
buttocks. Silva claimed that the police later tried to prevent him from 
going to a hospital. The Internal Affairs Division of the NNP 
ultimately determined that voluntary police officer Marvin Huerta 
Orellana was responsible for mistreating Silva. The NNP removed 
Orellana from the ranks of the voluntary police and referred the case 
to the local criminal court in Sebaco, which found Orellana not guilty 
on all charges.
    No criminal charges were ever filed against officer Marcos Vasquez 
for the May 2003 unlawful arrest and beating of Humberto Torres 
Mendieta. Vasquez also successfully appealed his removal from the 
police for the beating and was reintegrated into the police force, 
albeit at a lower position.
    In the case of the September 2003 rape allegedly committed by 
police officer Andres Montes, both the police IG and the court system 
found insufficient evidence to punish or convict Montes.
    In the case of the September 2003 police beating of Octavio de la 
Rocha, the police IG concluded that one officer had used excessive 
force and put him on restricted duty for 30 days. The criminal case 
against the officer was still awaiting trial at year's end.
    Prison conditions were difficult. According to government 
statistics, the prisons, with an official capacity of 5,358, had a 
total inmate population of 5,601 in December, up from 5,306 in December 
2003. Detainees were held separately from convicted prisoners (see 
Section 1.e.).
    Prison guards received human rights training from the Human Rights 
Ombudsman (PDDH), funded by international donors, and generally treated 
prisoners well.
    The prison system remained underfunded, and medical supplies ranged 
from inadequate to nonexistent. The Ministry of Health continued to 
provide some medical care, although it was unclear if this had made an 
impact on prisoner's access to health care. For all 8 penitentiaries 
and 5,601 prisoners, prison authorities maintained a staff of only 28 
medical specialists, including doctors, psychologists, and nurses. 
Eleven medical personnel were located in Tipitapa, the country's 
largest prison near Managua, and there were at least two in each of the 
other seven facilities. Prison authorities reported that 30 percent of 
prisoners slept on metal bunks or mattresses on floors. Several 
churches and nongovernmental organizations (NGOs) donated foodstuffs, 
beds, and medicine to help alleviate shortfalls. The quality of prison 
food remained poor, and malnutrition remained a problem in local jails 
and police holding cells. Prison officials calculated that the daily 
expenditure per prisoner for food was about $0.50 (7.2 cordobas). Many 
prisoners received additional food from visitors. 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 
throughout 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 
100 prisoners. The authorities occasionally released detainees when 
they could no longer feed them. Only Managua had a separate prison for 
women; outside Managua, women were housed in separate wings in prison 
facilities and were guarded by female custodians. As of December, 
females made up 6.1 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 prisoners' rights.
    As of December, 0.7 percent of the prison population was between 
the ages of 15 and 18. All youths were housed in separate prison wings 
and were on different schedules than adults for mealtime and 
recreational activities.
    In 2002, 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 often failed to inform the 
detainees why they were being detained. Approximately half of those 
surveyed alleged police mistreatment, said that they were detained 3 
days or more before seeing a judge, and were not aware of being 
assigned a defense attorney. One quarter said they were incarcerated 
with adults.
    In July, Julio Cesar Lopez Martinez died in the Modelo prison in 
Tipitapa. Prison authorities initially claimed that Lopez died of 
cardiac arrest induced by extreme intoxication, but the medical 
examiner ruled that Lopez died of cerebral hematoma resulting from a 
severe beating. The Lopez family blamed other prisoners for the killing 
and accused prison authorities of ignoring threats to Lopez's life and 
then attempting to cover up his death. CENIDH investigated the case and 
concluded that Lopez's death could have been prevented and that the 
prison authorities had failed to protect him. Upon receipt of the 
medical examiner's report, the prison authorities opened an 
investigation into the death; however, no information on the outcome of 
the investigation was available at year's end.
    The Government permitted prison visits by independent human rights 
observers.

    d. Arbitrary Arrest or Detention.--Arbitrary arrest and detention 
by the police decreased under the new Criminal Procedures Code. 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. Under the Code, a prosecutor must 
accompany police making an arrest, and detainees have the right to an 
attorney as soon as they are arrested.
    The NNP is a single, unified force responsible for law enforcement 
throughout the country. Although the NNP has had difficulties solving 
some high profile crimes and has not been immune to corruption, it is 
generally regarded as one of the more effective and honest state 
institutions. The IG's Office investigates all allegations of police 
abuses and has been more willing to punish offenders than have the 
courts. Police officers received regular human rights training.
    The NNP continued to reduce the law enforcement role of voluntary 
police, private citizens who help fill staffing gaps in several 
precincts. Several voluntary police were implicated in human rights 
abuses during the year. The IG 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 most cases never 
reach a final resolution (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 IG's office normally applies administrative restrictions, such as 
suspension with pay or confinement to precinct. At year's end, the IG 
reported that 18 officers involved in cases in which the police had 
used deadly force had been remanded to the courts, but had no 
information on how these cases were adjudicated.
    The IG'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 NNP 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. Police 
trainees must receive human rights instruction to graduate from the 
police academy and become officers. In addition, police officers must 
be re-certified in human rights annually. Canadian police and the 
Inter-American Commission of Human Rights (IACHR) trained the 
instructors teaching the human rights courses. The army included human 
rights training in its core-training curriculum (see Section 4).
    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.). During the 48 hours, the suspect does not 
have access to bail or to visits from family members. The number of 
provisionally convicted prisoners awaiting trial continued to drop. 
Although the number of prisoners in jail awaiting trial was not 
available, statistics from the Department of Prisons indicated that 
14.7 percent of all prisoners being held were awaiting final verdicts, 
compared with 26 percent in 2002.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was highly susceptible to 
corruption and political influence. Arcane legal codes also hampered 
the work of the judiciary. Judges' political sympathies and their 
acceptance of bribes or influence from political leaders 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 not only administers the judicial system, 
but also nominates 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, the Attorney General's Office, rather than the police, 
investigates crimes committed by and against juveniles. The military 
code requires that the civilian court system try members of the 
military charged with common crimes. The civil and criminal courts 
continued to expedite the judicial process for those in prison awaiting 
a final verdict. Human rights and lawyers' groups continued to complain 
about the delay of justice caused by judicial inaction. Judges were 
susceptible to corruption and political influence. Rulings in favor of 
those who are politically connected remained the most visible 
manifestation of judicial corruption. Both the PLC and Sandinista 
(FSLN) parties used the judiciary for political purposes. The FSLN 
especially used its control of the judiciary to impede the resolution 
of property claims.
    In July, the Supreme Court, evenly divided between Sandinista and 
Liberal magistrates because of a 2003 deal between the two political 
parties, ended an 8-month deadlock over lower level judicial 
appointments and divided 16 appeals court positions among judges with 
political loyalties either to Arnoldo Aleman or Daniel Ortega. As in 
the past, the Supreme Court ignored lists of experienced and 
politically neutral candidates proffered by civil society and the 
Bolanos Administration.
    Also in July, the FSLN-dominated judiciary dismissed all charges or 
threw out the defendants' convictions in each of three different 
corruption cases against associates of former President Aleman. Both 
the media and government officials alleged that the verdicts were part 
of an ongoing deal between Aleman and Ortega.
    In August, PLC substitute judge Moises Rodriguez convicted 
Alejandro Fiallos of corruption charges based solely on limited witness 
testimony. Local legal experts described the judge's actions as, at 
best, without basis, and at worst grossly illegal. At the time of his 
conviction and arrest, Fiallos was the Managua mayoral candidate of 
President Bolanos' Alliance for the Republic party and there was 
widespread public and media speculation that Aleman and Ortega agreed 
upon his conviction to remove a rival to their parties' candidates in 
the mayoral race. Fiallos appealed the conviction and was released on 
bail after 8 days' incarceration. The CSE ruled that his mayoral 
candidacy could continue as long as his appeal was pending. In 
November, after the municipal elections, a Sandinista judge rejected 
Fiallos' appeal and sentenced him to 45 days' imprisonment and the loss 
of his political rights for 1 year. Fiallos fled the country before he 
could be arrested and remained in hiding at year's end.
    In December 2003, Sandinista judge Julia Mayorga convicted Henry 
Ruiz and the other members of the board of directors of the Augusto 
Cesar Sandino Foundation (FACS) on charges of document fraud and 
illicit association to commit a crime and sentenced them to 1 year's 
imprisonment. For years, Daniel Ortega and his allies had used the FACS 
as a tool of FSLN patronage, but Ruiz and a new board, elected in 2003, 
sought to root out the corruption in the organization. In response, the 
former director, Edwin Zablah, a close associate of Ortega, filed a 
criminal lawsuit against Ruiz and the other board members. Under the 
law, many civil suits can be tried as criminal cases. In December 2003, 
Judge Mayorga convicted the members of the board, and in July, another 
Sandinista magistrate, Adela Cardoza, upheld the conviction on appeal 
and removed Ruiz and the rest of the board from their positions. In 
October, three Supreme Court judges loyal to Aleman and three loyal to 
Ortega rejected the appeal of this decision made by Ruiz and the other 
defendants. The court's decision left the threat of a year of prison 
time hanging over the heads of Ruiz and the others and left the FACS in 
the hands of Zablah.
    At the end of the year, former President Aleman remained under 
house arrest for money laundering, fraud, and other corruption charges; 
however, press reports indicated that Aleman and Ortega were 
negotiating a political deal to erase Aleman's conviction.
    The Supreme Court's (CSJ) campaign to reduce incompetence and 
corruption in the judiciary continued during the year. Since the 
campaign began in 1997, the CSJ has removed 168 judges--more than one-
half of the 300 judges in the system. However, the Supreme Court's 
disciplinary commission, which is charged with overseeing judges' 
ethics and conduct, was chaired by Rafael Solis, a corrupt Supreme 
Court justice with close ties to the FSLN.
    The December 2002 Criminal Procedures Code established an 
accusatory, as opposed to an inquisitorial, system of justice; more 
transparent, it relies on prosecutors, rather than judges, to file 
charges. At an arraignment, a judge decides whether the available 
evidence merits sending the case to trial. At the trial stage, the 
judge takes a neutral presiding role and both sides present their cases 
to a jury. Initially applied only to the most serious offenses, in 
December the system became responsible for all new criminal cases. The 
new system provided greater transparency by allowing the accused 
greater access to the process; reduced substantially the case backlog; 
and shortened the average time for a verdict to 15 days as the result 
of better coordination between all parts of the law enforcement 
process. There remained a need for more personnel in the system, 
including public defenders.
    During the year, the Napoleonic legal system continued in use for 
some cases. Police had to present a detained suspect before a judge 
within 48 hours. The judge then had to hold a preliminary hearing 
within 10 days. These constitutionally mandated deadlines were usually 
observed. If a judge ruled that there was sufficient evidence 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 five-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 was 6 months, many suspects were held without trial for 
longer periods.
    In criminal cases, the accused has the right to legal counsel, and 
defendants are presumed innocent until proven guilty. The law provides 
for the establishment of a Public Defender's Office, staffed during the 
year by 47 public defenders, to represent indigent defendants. The 
district court of Managua maintained a staff of 12 public defenders. In 
courts other than district courts, where public defenders were not 
available, a more archaic system provided for the appointment of 
attorneys to represent indigent defendants from a standard list by the 
presiding judge. However, many attorneys paid a small fine rather than 
represent such clients because the State did not pay for attorneys for 
the indigent. Under the new Code, the number of indigent defendants who 
went to trial without an attorney decreased as the judges assumed an 
oversight role in court proceedings.
    The country still lacked an effective civil law system. As a 
result, private litigants often filed their cases as criminal 
complaints. Often the effect of a criminal proceeding in these matters 
was 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 diverted resources from an 
overburdened Prosecutor's Office that otherwise could be directed 
toward genuine criminal matters. There were no reports of political 
prisoners.
    In 2000, the Government opened property tribunals to handle cases 
concerning properties seized during the Sandinista regime in the 1980s. 
In 2002, the Supreme Court consolidated these tribunals into a single 
tribunal. The property tribunal has been extremely vulnerable to 
political pressure.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the government generally 
respected these rights in practice. However, several constitutional 
provisions potentially qualify freedom of the press. The 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, implying the potential for 
sanctions against the press; however, the government did not invoke 
these provisions to suppress the media. The independent media were 
active and expressed a wide variety of views without restriction. The 
news medium with the largest national audience is radio; however, polls 
showed that television is the primary source of news in the cities. 
There are 210 chartered radio stations in the country, 52 am stations 
and 158 fm stations; listeners receive a wide variety of political 
viewpoints, especially on the 74 stations based in Managua. There are 
10 Managua-based television stations, 8 of which carry news 
programming, some with noticeable partisan political content. In 
addition, there are 63 cable television franchises that offer services 
in most large and medium-sized cities.
    The Bolanos Administration attempted to standardize the way 
government 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.
    On February 10, William Hurtado, a former member of the Sandinista 
state security apparatus in the 1980s and a self-proclaimed militant 
Sandinista, shot and killed journalist and radio personality Carlos 
Guadamuz in Managua. A former Sandinista militant, Guadamuz had broken 
with Daniel Ortega and the FSLN leadership after they passed him over 
to be the party's 2000 mayoral candidate for Managua. Subsequently, 
Guadamuz used his radio program to criticize Ortega and other FSLN 
leaders on a wide range of issues, and they expelled him from the 
party. On April 19, a court convicted Hurtado and sentenced him to 18 
years in prison. However, despite evidence that others were involved in 
planning the killing, the short trial failed to address the reasons for 
the murder or implicate anyone other than Hurtado.
    In August, Sergio Leon Corea, the correspondent for La Prensa in 
Bluefields, alleged that police officers were harassing and threatening 
him and had broken into his home in search of information related to 
his reports on police involvement with drug trafficking on the Atlantic 
coast. Stating that the police IG's office had failed to follow up on 
earlier complaints he had made, Corea asked CENIDH to investigate. 
CENIDH's investigation was inconclusive, but the case nevertheless 
prompted the organization to alert the IACHR regarding the threats and 
dangers facing journalists in the country.
    Also in August, Mirna Velasquez, a journalist for La Prensa in 
Managua, filed a complaint with CENIDH alleging that substitute Judge 
Carlos Mario Pena had blackmailed and threatened her and her family in 
an effort to coerce her to stop writing about judicial investigations 
of his actions. A series of Velasquez articles, published in 2003 when 
Pena was named to his position in Managua's criminal court, revealed 
that he was under investigation for involvement in migrant smuggling. 
In August, Velasquez published an article that reported that his 
judicial superiors were once again investigating him. Subsequently Pena 
allegedly informed Velasquez that he had gathered a great deal of 
personal information on her and her family, including information 
linking them to drug trafficking. Velasquez accused Pena of blackmail 
and conducting an illegal investigation of her and her family. Pena 
denied the accusations, and the case remained under investigation at 
year's end.
    On November 9, the former PLC mayor of El Ayote, Eugenio Hernandez 
Gonzalez, shot and killed Maria Jose Bravo Sanchez, a journalist for La 
Prensa, outside of the vote-counting center in Juigalpa in front of 
dozens of witnesses. Hernandez was arrested shortly after the killing 
and at year's end was in jail awaiting trial. Friends and family of 
Bravo Sanchez stated that the journalist had received several death 
threats from prominent local PLC members prior to the municipal 
elections held 2 days before her killing.
    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 association, and the Government 
generally respected these rights in practice.
    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 marched without 
registering.
    For several days in May, thousands of university students organized 
protests in Managua, Jinotepe, Leon, Esteli, Matagalpa and other cities 
regarding the Government's failure to increase the education budget. 
During many of these protests, some of the students became violent, 
injuring police and bystanders, throwing Molotov cocktails and firing 
homemade mortars, damaging property, and disrupting traffic on roads 
and highways. The violence sparked confrontations with police, who 
often arrested violent participants, usually releasing them the next 
day. During each such violent protest, several persons, sometimes 
including police, were taken to local hospitals and treated for tear 
gas inhalation and other injuries. One police officer in Jinotepe was 
killed by a mortar round fired by protesting students. Police 
repeatedly affirmed the students' right to protest as long as they 
remained peaceful.
    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 the National Assembly must approve. 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 has traditionally 
enjoyed a close relationship with the Government. Its relationship with 
the Bolanos Administration was more distant. The Roman Catholic Church 
is the most politically active religious denomination and has 
significant political influence. At times, there have been allegations 
that government officials have given financial assistance to the 
Catholic Church. However, the predominance of the Catholic Church did 
not have a negative impact on the freedom to practice other religions.
    For a more detailed discussion, see the 2004 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 
right of citizens to return to the country is not established in the 
Constitution, but, in practice, the Government did not restrict its 
citizens' return. A 2002 amendment to the Constitution affirmed 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 
in other countries at least 4 years prior to their election or 
appointment.
    Exile was not practiced. There were no reports of political 
violence against any citizens returning from civil war era self imposed 
exile.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees and asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. National elections were held in November 2001. The 
Constitution distributes power and authority among the four co-equal 
branches of government. The President heads the Executive Branch and 
appoints a Cabinet. The President 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 
two autonomous regions. The outgoing President and the presidential 
candidate receiving the second highest number of votes are each given 
seats in the National Assembly; however, outgoing President Aleman was 
removed from his seat when he was convicted on money-laundering 
charges. Members elected concurrently with the President and Vice 
President in 2001 are scheduled to complete their 5 year terms on 
January 9, 2007. Because of political disputes with the President, at 
the end of the year PLC and FSLN deputies in the National Assembly had 
begun to enact constitutional changes that would transfer many of the 
President's powers to the Assembly.
    According to the Constitution, the Supreme Electoral Council (CSE) 
is supposed to be an independent fourth branch of government. However, 
the CSE was highly politicized and subject to political influence. The 
CSE did not function properly throughout the year, paralyzed by 
internal political disputes and a top-heavy bureaucracy. It verged on 
bankruptcy, even after firing 50 percent of its workers. It could not 
pay the remaining employees for months in 2003, and many of them went 
on strike, suspending the issuance of national identity cards that are 
required to vote. This strike continued throughout the year. 
Nevertheless, CSE magistrates raised their own annual salaries by 100 
percent to as much as $155,494 (2,332,500 cordobas), roughly 60 percent 
more than the salary of government ministers. Many observers feared 
that CSE would have problems conducting upcoming municipal and national 
elections unless the situation was reversed. In 2002, the CSE prevented 
regional election results from being implemented for many months. As a 
consequence, the CSE retained little public confidence; in a pair of 
July polls, 95 percent of respondents had little or no confidence in 
the CSE as an institution and only 49 percent had any confidence that 
it could manage upcoming municipal elections in November. Those 
elections were in fact marred by serious problems, including poor CSE 
maintenance of the voting registry that made it difficult for many 
persons to find their correct polling precincts and prevented others 
from voting at all. There were also credible allegations that the CSE 
invalidated results in key precincts to ensure that a number of close 
races were won by the PLC and FSLN.
    In 2001, generally free and fair national elections were held under 
the auspices of the CSE. Voters elected Enrique Bolanos Geyer of the 
PLC president with 56 percent of the vote; FSLN 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 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.
    In October, in what was widely considered a political decision, the 
Controller General's Office, which was controlled by supporters of 
former President Aleman and Ortega, released a long-awaited report 
accusing President Bolanos of fund raising violations during his 2001 
electoral campaign. The case involved the alleged misuse of government 
funds and foreign government donations. The controllers charged that 
Bolanos refused to answer fully their questions posed during a 2-year 
investigation and recommended that he be fined and that the National 
Assembly remove him from office. Bolanos refuted the accusation and 
noted that of the 30 PLC leaders investigated in the case, only he had 
been charged with any crime. Both the Organization of American States 
(OAS) and foreign governments expressed concerns that the political 
charges against the president and the efforts to remove him from office 
amounted to a threat to the constitutional order. At year's end, the 
charges remained, and it was possible that the National Assembly could 
take them up at any time.
    The Government continued its anti-corruption campaign during the 
year, but its efforts were hampered by the corrupt, politicized 
judiciary, which threw out a large number of corruption cases (see 
Section 1.e.). There was also a widespread public perception of 
corruption and political deal making in many state institutions, 
including the judiciary, the National Assembly, the CSE, the Controller 
General's Office (Controloria), and the Office of the National 
Prosecutor (Fiscalia).
    No law provided for public access to government information. In 
practice the Government sometimes provided such access for citizens and 
non-citizens. Because no formal procedure for requesting information 
existed, when access was denied a great variety of reasons were given. 
No appeal procedure existed.
    There are no legal impediments to the participation of women, 
indigenous people, and other minorities in government and politics. 
Women held ministerial, vice ministerial, and other senior positions in 
government, including 21 out of 90 National Assembly seats. In 
addition, 4 of the 16 CSJ justices were female, and in 2002, the 
Magistrates of the CSJ elected Alba Luz Ramos as president, the first 
woman president in the history of the Court. Women held approximately 
70 percent of the judgeships in the country. Two members of the 
National Assembly claimed 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
    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 
often were cooperative and responsive to their views. The largest 
groups to deal with general issues of human rights were the Sandinista-
influenced CENIDH and the pro-Aleman Permanent Commission on Human 
Rights in Nicaragua. Many such human rights groups focused most of 
their attention on controversial economic rights, such as access to 
employment, social security, healthcare, and education. Other groups 
focused on a particular area of human rights, such as Casa Alianza, 
which primarily concentrated 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 
academy, at various police headquarters, and with army units throughout 
the country. The military academy instituted human rights training as 
part of their core curriculum, and some military officers received 
internationally sponsored human rights training. The OAS Technical 
Cooperation Mission (TCM) focused on the municipalities affected most 
adversely by the 1980-90 civil war and worked on conflict resolution, 
reconciliation, improving local government, and extending legal 
infrastructure. The TCM and Catholic Relief Services helped maintain 
departmental and local 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.
    The Ombudsman's PDDH, the autonomous government-financed human 
rights office, struggled with budget shortfalls and political 
negotiations between the PLC and the FSLN over naming a new Ombudsman 
to lead it after the end of the term of the first Ombudsman, Benjamin 
Perez, midway through the year. The office remained vacant until 
December, when the PLC and FSLN, ignoring the views of civil society 
and rejecting more qualified candidates, selected Omar Cabezas to be 
the new Ombudsman. Cabezas is a former Sandinista guerrilla accused of 
involvement in extrajudicial killings both as a guerrilla in the 1970s 
and as a state security official in the 1980s. Cabezas was also 
involved in the planning of the forced resettlement of thousands of 
indigenous people on the Atlantic Coast in the 1980s, which led to the 
deaths of hundreds of persons.
    There are also special ombudsmen for children's issues, women's 
issues, and indigenous affairs. Under Perez' leadership, the PDDH 
investigated human rights violations and demonstrated independence from 
the administration, pursuing cases even if they contradicted government 
policies. However, the Aleman administration cut the budget of the 
Ombudsman's office by nearly 40 percent and its original budget has 
never been restored. The PDDH is subject to political pressure. Many of 
the cases it receives include economic and social issues, such as 
access to health, education, and social security, as well as human 
rights issues. Government institutions have been unresponsive in many 
of these cases.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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. 
In 2003, the most recent year for which statistics were released, the 
government's Women's Institute and United Nations office in Managua 
reported that 51,343 women suffered domestic abuse, and that women 
filed 49,266 charges with the police. 106 women left home out of fear 
of their spouses. The Women's Institute and the U.N. office also 
reported that 90 percent of all cases of violence and sexual abuse 
against women took place in the home and that 78 percent of the abusers 
were the fathers and stepfathers of the victims.
    The law criminalizes domestic violence and provides up to 6 years' 
imprisonment for those found guilty of such violence. The law also 
provides for the issuance of restraining orders in cases in which women 
feared for their safety. The NNP, as well as local human rights groups, 
confirmed that while police sometimes intervened to prevent domestic 
violence, prosecutors rarely prosecuted perpetrators because they 
alleged that victims fail to press charges or follow through on 
testifying in court. Cases that reached the courts usually resulted in 
not guilty verdicts due to judicial inexperience and lack of legal 
training.
    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; this penalty is increased to 3 to 20 years if the victim is 
less than 10 years of age or if the perpetrator is a parent or guardian 
of the victim. According to the most recent statistics from the NNP, 
the police received 1,234 rape complaints during 2003 and 1327 during 
the year, compared with 1,348 reported instances of rape in 2002. Many 
women were reluctant to report abuse or file charges due to the social 
stigma attached to rape. The police managed 24 women's commissariats, 
with at least 1 in each of the country's 17 departments, with a total 
staff of approximately 100 persons. 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, a lack of funding limited the staff size. The commissariats 
provided both social and legal help to women and mediated spousal 
conflicts. They also investigated and helped prosecute criminal 
complaints and referred victims to other governmental and 
nongovernmental assistance agencies. The commissariats reported 10,423 
cases of domestic violence and 2,245 cases of sexual infractions for 
2003 and a total of 17,281 cases of domestic violence (including sexual 
infractions) for the year. All of these statistics are far higher than 
the figures for 2002. It is not clear that there was an actual increase 
in the rate of domestic abuse or if the soaring numbers were due to 
other factors, such as the increased confidence that victims have in 
reporting their abuse to the women's commissariats and the increased 
number of commissariats. Although the Government did not have shelters 
for victims of domestic violence, a few NGOs in a handful of cities 
provided short-term shelter to battered women.
    By year's end, the IACHR had not ruled on the complaint of 
Zoilamerica Narvaez that the Government had denied her due process in 
2002 by dropping sexual molestation, harassment, and rape charges 
against former President Daniel Ortega.
    Prostitution is legal and common. According to a number of sources, 
including the Director of Police Criminal Investigations and the 
Director of Police Economic Investigations, prostitutes worked without 
a pimp, since prostitution is legal but pimping is not. Statistics from 
the women's commissariats showed few cases of pimping. A number of 
studies supported this, including an intensive analysis done during 
2003 by the University of Central America in the tourist city of 
Granada, in which all the under age prostitutes interviewed told the 
researchers that they operated on their own. In Managua most 
prostitutes worked on the streets, clandestinely in nightclubs and 
bars, or offered sexual services in massage parlors. In several raids 
on these businesses, police did not find underage workers, although 
there were reports that some workers are below the age of 18. In towns 
along the Pan American Highway, women and girls sold sexual services to 
truck drivers and other travelers, who were often foreigners driving 
north from Costa Rica. In port cities such as Corinto, the primary 
clientele were sailors. Corinto was unusual in that prostitutes 
received medical examinations and a card certifying if they were free 
of disease. In addition, prostitutes in Corinto reportedly often worked 
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 did not have access to medical screening or 
treatment. In September, the National Assembly passed a tourism law 
that specified that any traveler engaging in sex tourism would be 
prosecuted to the fullest extent of the law and specifically prohibited 
the promotion of sex tourism. According to the new law, any 
organization that promotes sex tourism will lose its operating license. 
The law prohibits sexual harassment in the workplace; however, it 
continued to be a widespread problem. Penalties are negligible, and the 
Government did little to enforce the law. Although the Constitution 
provides for equality between the sexes, discrimination against women 
persisted. According to a 2000 poll, women comprised approximately 61 
percent of the public sector labor force, a number much larger than in 
the private sector. 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 constituted the majority of workers in the 
traditionally low-paid education and health service sectors.
    Women were generally underpaid, but the majority of women had some 
type of employment. A 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 had some type of job, higher than the 
national average.
    There were many NGO and government programs that targeted 
discrimination against women, mostly by analyzing the status of women 
in the workplace. Among the most prominent NGOs working on women's 
issues were Casa Alianza, the Women's Network, and the Rainbow Network.

    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 to children's 
programs or primary education. The National Council for the Development 
of Children and Adolescents, a broad group of government ministries and 
agencies concerned with youth, is responsible for the Government's 
policy on youth and developed an ambitious 10-year National Action Plan 
for Children and Adolescents. A constitutional provision known as the 6 
percent rule automatically allots 6 percent of the annual budget to a 
university education consortium, vastly disproportionate to 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 was not 
enforced; a 2000 Ministry of Labor survey reported that 49.1 percent of 
children and adolescents do not attend school. Another 18.6 percent 
said their work interfered with their school attendance. As a result, 
the survey classified 22.1 percent of the population as illiterate. 
According to the 2001 census, primary school enrollment rates for boys 
and girls were estimated at 75 and 80 percent respectively. Juvenile 
offenders under the age of 17 comprised less than 1 percent of 
incarcerated offenders. This low figure was largely attributed to the 
leniency given to juvenile offenders by the Children's Code, which 
rarely gives jail time to juveniles. During the year, 65 minors died as 
a result of violent crime. During the same period, victims of rape 
included 259 children under the age of 13 and 627 between the ages of 
13 and 17. These numbers did not include additional cases of incest 
(13) and statutory rape (574). There were an estimated 3,502 reported 
cases of physical and sexual assault committed against minors and 535 
cases of child kidnapping. The NNP estimated that about 62 percent of 
sexual abuse victims were under the age of 18 and that 33 percent were 
younger than 13. The Child and Family Law provides that juvenile 
prisoners cannot be held in adult facilities or be held for more than 
24 hours without being charged (see Section 1.c.). Child labor was a 
problem (see Section 6.d.).

    Trafficking in Persons.--The law specifically prohibits trafficking 
in persons and assigns a penalty of up to 10 years in prison. There was 
little documented evidence of a substantial trafficking problem within 
the country; however, there was some evidence that the country was a 
source area for trafficking in women and children to other countries 
for purposes of sexual exploitation. Child prostitution was a problem.
    During the year, officials from the Government, NGOs, and other 
organizations characterized trafficking as a small, but growing problem 
throughout the region. The Government, NGOs and media periodically 
reported cases of individual women trafficked to brothels in Guatemala 
and Mexico by well organized criminal bands operating throughout 
Central America, although few cases were fully documented by the 
authorities and there were no reliable statistics on the scale of the 
problem. The two main types of trafficking involved women moved from 
rural areas to urban nightclubs and massage parlors and women from 
urban areas, lured to brothels in neighboring countries by offers of 
legitimate employment.
    The law does not make prostitution illegal, though it bans its 
promotion. The law defines statutory rape as sexual relations with 
children 13 years old and younger; thus, there is no legal prohibition 
on prostitution by juveniles 14 and older.
    The Government continued its awareness campaign with border police 
and immigration officials and worked with the ILO to improve the 
ability of officials at entry points to Honduras to identify and 
question young women not accompanied by family members. In addition, 
the Government operated a 56-member Anti-Migrant Smuggling and Anti-
Trafficking in Persons Unit within the police. The women's 
commissariats of the police conducted a nationwide trafficking 
awareness campaign at high schools, presenting high-risk youth with 
pamphlets and presentations warning them against the dangers of 
trafficking. According to the Ministry of Labor, strip clubs were 
inspected several times each year to ensure that they employed no 
underage workers. The Foreign Ministry's consular officers in 
neighboring countries assisted with the repatriation of victims.
    In late 2003 and early in the year, members of civil society and 
the Government formed a national coalition against trafficking in 
persons. The coalition is designed to coordinate action against 
trafficking in persons by training and empowering national institutions 
to find and combat trafficking activity. During the year, it carried 
out awareness campaigns, worked to improve coordination between the 
Government and civil society in repatriation cases, and launched a 
major survey designed to provide the first reliable statistics on the 
extent of trafficking.
    In July, the Ministry of Government opened an anti-trafficking in 
persons liaison office as a primary point of contact for anyone 
interested or involved in fighting the problem. The office is also 
intended to coordinate the activities of the national anti-trafficking 
coalition. Also in July, the National Assembly ratified the 2000 U.N. 
Protocol to Prevent, Suppress and Punish Trafficking in Persons, 
Especially Women and Children, Supplementing the U.N. Convention 
Against Transnational Organized Crime.
    In October 2003, the National Council for Attention and Protection 
of Children (CONAPINA), a quasi-governmental institution composed of 
high-level state, non-state, and international actors and charged with 
national policy on children, approved a National Strategy Against 
Commercial Sexual Exploitation of Children and Adolescents, including 
trafficking of children. The highly detailed plan was integrated with 
CONAPINA's 10-year national policy on children and developed as a 
national consensus. It designates the Ministries of Family, Health, and 
Education as the principal governmental organizations to create and 
enforce policies against trafficking in persons and other forms of 
commercial sexual exploitation. The plan encourages the participation 
of local government and civil society for its implementation. It sets 
out 12 clearly defined objectives and 9 strategies for implementation, 
including prevention, victim protection, victim attention, and 
prosecution of traffickers. The plan also has detailed measures for 
evaluating progress.

    Persons With Disabilities.--There was discrimination against 
persons with disabilities in employment, education, access to health 
care, and in the provision of state services. Despite some efforts, the 
government's role in helping the disabled was minimal and often has 
been criticized. Despite an ongoing lobbying campaign by NGOs, the 
Government has not legislated or otherwise mandated accessibility to 
buildings for the disabled.
    The National Council for Rehabilitation of the Ministry of Health 
addresses the needs of the estimated 535,000 citizens with some type of 
disability, few of whom received medical treatment. Through its clinics 
and hospitals, the Government provided care to war veterans and other 
disabled persons, but the quality of care was generally poor. During 
the year, the Government launched a public relations campaign calling 
for greater integration of persons with disabilities in society. The 
law obligates companies to contract persons with disabilities, not to 
let such disabilities affect salaries, and to consider disabled persons 
equal to other workers. However, this law rarely was enforced. 
Advocates for persons with disabilities contended that many national 
and local government officials either were unaware of the country's 
laws on equal opportunity or made no effort to put them into effect. 
They also criticized the requirement of the new national Civil Service 
Law that took effect during the year that all government employees be 
``physically and mentally able'' for contradicting constitutional 
provisions stating that all persons are equal before the law.

    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 
Northern and Southern Autonomous Atlantic Regions (RAAN and 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.

    Indigenous People.--Indigenous people constitute approximately 5 
percent of the country's population and live primarily in the RAAN and 
RAAS. These regions constitute 47 percent of the national territory, 
but include 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).
    There were no new developments in the lawsuit brought against the 
Government in July 2003 by the Yatama political party before the IACHR 
alleging that the Government violated the rights of the Miskito and the 
Sumo by disqualifying Yatama in the 2000 municipal elections. However, 
Yatama was able to run in the November municipal elections and its 
candidate won in Puerto Cabezas, the capital of the RAAN.
    During the year, representatives of indigenous communities that 
were forcibly relocated and whose property was destroyed or confiscated 
by the Sandinista regime in the 1980s called on the Government to 
provide them with some form of aid or compensation for their suffering. 
In return, they offered to refrain from initiating legal procedures 
against the state at the national and international levels. No 
information on any government response to the appeal was available at 
year's end.
    Although the law requires the Government to consult indigenous 
people regarding the exploitation of their areas' resources, 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. In 
August and September, a wide range of local government officials and 
NGOs in the RAAN declared a 6-day ``state of emergency'' in the 
province, shutting down schools, closing government offices and the 
main provincial airport. They sought to draw attention to regional 
claims that the central Government not only ignored the people of the 
Atlantic Coast when making decisions that affected them, but also 
neglected to maintain or improve infrastructure in the region, 
including roads, bridges, docks, and electricity. The protest ended 
when the Government signed an agreement promising to meet most of the 
local demands.
    Government health care exists in the Atlantic Coast towns of Puerto 
Cabezas, Siuna, Bonanza, Rana, and Bluefields, but a majority of 
indigenous people in rural areas had no access to modern health care, 
and deteriorating roads made medicine and health care almost completely 
inaccessible in many communities. 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.
    On May 4, unknown assailants entered the police station in 
Bluefields and killed four policemen in the station. Despite the high 
profile nature of the incident, a handful of arrests, and rampant 
public and media speculation on who was responsible for the killings, 
by year's end the NNP had made no progress in investigating the case. 
Speculation was widespread that drug traffickers, perhaps with the 
collaboration of some elements within the police, were responsible for 
the killings. The incident demonstrated how the lack of a government 
presence, ethnic tensions, poverty, and drug-based economic opportunity 
have created an ungoverned space on the Atlantic Coast. International 
drug traffickers increasingly took advantage of the situation.
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 
reaffirms this right. 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 recognizes cooperatives into which many 
transportation and agricultural workers are organized. Representatives 
of most organized labor groups criticized 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 was unionized. Unions are 
independent of the Government, although most were affiliated with 
political parties to varying degrees.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to bargain collectively, and the 
Labor Code reaffirms this right. The Government generally sought to 
foster resolution of pressing labor conflicts through informal 
negotiations rather than through formal administrative or judicial 
processes. According to the Code, companies engaged in disputes with 
employees must negotiate with the employees' union if the employees are 
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 were 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 the 
process is necessary to avoid purely political bad-faith strikes in the 
highly politicized environment of labor relations that has existed in 
the country for several decades. Observers contend that the process is 
inappropriately lengthy and so complex that there have been few legal 
strikes since the 1996 Labor Code came into effect; however, an ongoing 
strike of government workers against the Supreme Electoral Council went 
through the approval process relatively rapidly in 2003 (see Section 
3). 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. Because the administrative process of 
getting the Ministry of Labor to rule a strike legal is so lengthy and 
complex, unions sometimes declared strikes without completing the 
process. In these cases, the Ministry of Labor consistently ruled the 
strikes illegal and employers took advantage of the situation by firing 
the striking workers based on the Ministry's ruling.
    There were several allegations of violations of the right to 
organize, most commonly that employers fired employees who were trying 
to form a union. The Ministry of Labor investigated these allegations 
and concluded that employers generally acted within the law, taking 
advantage of the extensive administrative requirements necessary to 
declare a strike legal or organize a union. Notwithstanding the 
legality of employer actions, the result was to weaken significantly 
the Sandinista Workers Central (CST), an important union politically 
associated with the FSLN in the Free Trade Zones (FTZ).
    In July, the CST and the Sandinista Mayor of Leon settled their 
November 2003 disagreement over the labor rights of city workers and 
signed, ratified, and implemented a new collective agreement for the 
city's 1,500 workers.
    There are 18 enterprises operating in the government-run FTZ, 
employing 31,446 workers. There are no special laws or exemptions from 
regular labor laws in the FTZs. In addition, there are 13 authorized 
private FTZs, with many more under construction, but the 59 enterprises 
currently operating in these zones employ some 30,044 workers, for a 
total of 61,090 workers in all FTZs. Many workers in the FTZs are 
represented by one of 27 different union organizations associated with 
5 different labor confederations; however, less than 10 percent of FTZ 
workers are actual union members. While some of these unions have real 
collective bargaining power, others are primarily symbolic. The 
overwhelming majority of the workers in the FTZs are women. Fifteen 
thousand workers, or about 25 percent of those in the FTZs, belong to 
the labor NGO Maria Elena Cuadra Women's Labor Movement (MEC), which 
has a presence in 95 percent of the factories. While not a union, MEC 
is a strong independent advocate for the rights of women laborers. 
Union organizing efforts have encountered strong employer opposition in 
the FTZs. The Ministry of Labor and the management of the government-
owned corporation that oversees the FTZs have worked, with some 
success, to settle the resulting labor conflicts.
    In May, the Ministry of Labor ruled that King Yong, a Taiwanese 
company in the Free Trade Zones, violated the law when it fired 
employees in March and April for attempting to organize a CST branch. 
The company insisted that it had operated within the law, and the case 
was pending before the courts at year's end.
    In December, the CST filed a series of complaints with domestic and 
international human rights and labor organizations alleging that 
between August and November the Ministry of Labor colluded with the 
management of the FTZ garment factory Nicotex to deny legal status to a 
CST branch in the factory. According to the complaint, the Ministry 
delayed the granting of legal status to the union and provided 
management with a list of employees who had signed documents for the 
formation of the union. The company then allegedly pressured dozens of 
would-be union members to renounce their signatures, leaving the union 
with insufficient members to qualify for legal recognition. When the 
Ministry subsequently denied the union legal status, the company fired 
its directors and several dozen other workers. The Ministry denied the 
charges of collusion, and the case was unresolved at year's end.
    The dispute between union organizers and management at the FTZ 
garment factory Presitex that began in 2003 continued throughout the 
year. Several suits and counter-suits between the union leaders and the 
company remained pending before the courts, and the CST took the case 
to the ILO, which had not made any pronouncement by year's end.
    The November 2003 lawsuit filed by the CST against KB Manufacturing 
in Granada for unpaid overtime between 1999 and 2002 remained pending 
at year's end. The CST and the company were negotiating the issue as 
part of their efforts to reach a collective agreement on wages and 
working conditions.
    Fines levied by the Ministry of Labor against employers violating 
the Labor Code did not serve as effective deterrents. The maximum fine 
is only $620 (10,000 cordobas), and there is no collection mechanism; 
companies rarely paid the penalty assessed.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor but does not specifically address 
forced or compulsory labor by children, and such practices occurred 
(see Section 6.d.).

    d. Prohibition of Child Labor 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. Children from 14 to 16 years of age may work legally with 
parental permission. The law limits the workday for such children to 6 
hours and prohibits night work. In October 2003, the President signed 
an amendment to the labor Code to strengthen its child labor 
provisions. The new law made it more difficult to obtain permission for 
children aged 14 to 16 to work, raised fines for violators, and 
permitted inspectors to close facilities employing child labor. 
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.
    The Government reported that child labor occurred in both urban and 
rural areas. The majority worked in the informal sector, often for 
family ventures. In Managua over 6,000 children work on city streets, 
selling merchandise, cleaning automobile windows, or begging. The 
Ministry of Labor continued to report that some children were forced to 
beg by their parents, and that some parents rented their children to 
organizers of child beggars. Thousands of children also spent their 
days scavenging in garbage dumps, in an attempt to salvage items to use 
and sell. In rural areas, children worked on farms and in abandoned 
mines. Child prostitution was a serious problem (see Section 5).
    The ILO, foreign governments, and a wide variety of domestic and 
international NGOs worked with the Ministries of Labor and the Family 
to curb the most egregious cases of child labor and get the children 
back to school. Some of these programs targeted children working in 
garbage dumps and coffee farms and shifted thousands of children from 
work to school or prevented them from going to work in the first place.

    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. Each key sector of the 
economy has a different minimum wage, which must be reviewed every 6 
months. A new minimum wage scale took effect in May, raising the 
minimum wage by 8 to 10 percent, varying by sector. As a comparison, 
inflation for the year was 9.8 percent. The majority of workers earned 
well above the statutory minimum rates. By sector, the minimum monthly 
wage was as follows: Agriculture, $41.53 (669.30 cordobas) plus food; 
fisheries, $64.34 (1,036.6 cordobas); mining, $77.73 (1,251.55 
cordobas); industrial manufacturing, $55.74 (897.55 cordobas); 
electric, gas, and water utilities $79.62 (1,282.02 cordobas); 
construction, $98.01 (1,578 cordobas); restaurants and hotels, $60.12 
(968.59 cordobas); transportation, $79.62 (1,282.02 cordobas); banking, 
$98.01 (1,578.04 cordobas); community and social services, $60.12 
(968.59 cordobas); and central and municipal government (includes 
health and education employees), $54.72 (881.10 cordobas). The national 
minimum wage did not provide a decent standard of living for a worker 
and family. In every sector, the minimum wage falls below the $141 
(2,065 cordobas) that the Government estimates an urban family must 
spend each month for a basic basket of goods.
    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. This provision was routinely ignored, although 
employers claimed that workers readily volunteered for these extra 
hours for the extra pay. The 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 and 
working conditions often do not meet international standards. Workers 
in some factories in the free trade zones have complained of poor 
working conditions, being forced to work unpaid overtime and of being 
told when they may and may not go to the toilets. During the year, the 
Ministry of Labor, in conjunction with NGOs and foreign donors, 
provided training and resources to workers and employers in identifying 
and resolving workplace hygiene and safety issues. The Code gives 
workers the right to remove themselves from dangerous workplace 
situations without jeopardizing their continued employment. Between 
January and August, 12 workers died as a result of work-related 
accidents. Inspectors from the Ministry of Labor investigated 7 of the 
12 cases, but no results of these investigations were available.
    The enactment of a 2001 law aimed at foreign companies prompted the 
filing of lawsuits on behalf of thousands of individuals claiming to be 
banana workers affected by exposure to the pesticide DBCP in the 1970s 
and 1980s when its use was legal. In 2002, a judge issued the first 
decision on one suit, a $489 million (7.599 billion cordobas) judgment 
on behalf of 583 plaintiffs. None of the companies named as defendants 
participated in the short evidentiary process that led to this 
judgment, and the court, citing the law, refused to hear their legal 
arguments or accept contrary evidence. The court also apparently did 
not consider a non-binding opinion circulated earlier that year by the 
acting Attorney General that cited apparent constitutional flaws in the 
law. In May 2003, the claimants filed suit in a foreign court seeking 
enforcement of the decision. In October 2003, the court judge dismissed 
the case. In December 2003, one of the companies named as defendants 
filed suit in a foreign court against some of the plaintiffs, alleging 
abuse of power and malicious prosecution. The companies have alleged 
that the plaintiffs have falsified their numbers and their medical 
records. In February, more than 1,000 individuals claiming to be former 
banana workers staged a march to the capital to draw attention to their 
claims. At year's end, several hundred lawsuits claiming over $10 
billion (155.4 billion cordobas) in damages were pending in the 
country's courts and in foreign courts.

                               __________

                                 PANAMA

    Panama is a representative democracy with an elected executive 
composed of a president and two vice presidents, an elected 78-member 
unicameral legislature, and an appointed judiciary. In May, voters 
elected President Martin Torrijos of the Democratic Revolutionary Party 
(PRD) in generally free and fair elections, observed by domestic and 
international organizations. The Constitution provides for an 
independent judiciary; however, the judicial system was subject to 
corruption and political manipulation.
    The Panamanian Public Forces consist 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 Ministry of Government and 
Justice oversaw the PNP, the SMN, and the SAN; the Ministry of the 
Presidency supervised the SPI. Security forces responded to civilian 
authority, had civilian directors, and had internal review procedures 
to deal with misconduct. There were occasional reports that some 
members of the security forces committed human rights abuses.
    The market-based economy, which uses the U.S. dollar as its 
currency (calling it the Balboa), was based primarily on a well-
developed services sector that accounted for approximately 80 percent 
of gross domestic product. The country had an estimated population of 
3.1 million. While the economy experienced 0.8 percent real growth in 
2002, it grew 4.1 percent in real terms in 2003. In November, the 
legislature's budget commission estimated growth for the year at 6.1 
percent. Unemployment was officially estimated at 12.8 percent for 
2003; however, private economists believed that it may be several 
points higher. Through June, inflation averaged 0.45 percent.
    The Government generally respected the human rights of its 
citizens; however, despite some improvements, there continued to be 
serious problems in several areas. Overall prison conditions remained 
harsh, with reports of abuse by prison guards. Prolonged pretrial 
detention was a problem. The judiciary was subject to corruption and 
political manipulation, and the criminal justice system was inefficient 
and often corrupt. Despite these shortcomings, the Supreme Court ruled 
repeatedly that the statute of limitations would not bar cases 
involving killings and disappearances during the 1968-89 military 
dictatorship. The media were subject to political pressure, libel 
suits, and punitive action by government officials. Women held some 
high positions in the Government, including the presidency for most of 
the year; however, discrimination against women persisted, and violence 
against women remained a serious problem. Trafficking in persons was a 
problem despite improved anti-trafficking laws and publicity and a 
government crack down on traffickers. Discrimination against indigenous 
people and minorities continued to be a problem. The Government 
improved its treatment of refugees and its attention to the persons 
with disabilities. Child labor was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
politically motivated killings by the Government or its agents; 
however, security forces were suspected of unlawfully killing several 
persons during the year. At year's end, the PNP's Professional 
Responsibility Office (DRP) reported that it had opened and was 
investigating four cases of killings involving PNP officers during the 
year. The media reported at least one case of spousal killing by a PNP 
officer (see Section 5). At year's end, the investigation continued 
into the 2002 killing of a 13-year-old indigenous Wounaan girl, Aida 
(or Ayda) Chirimia, in the Darien village of Biroquera, reportedly 
within the local national police compound. At year's end, one PNP 
officer remained dismissed in connection with the killing.
    In August, the Fourth Superior Prosecutor requested that two off-
duty PNP officers be tried for homicide in the 2001 killings of two men 
whose bodies were found on the beach in Punta Chame. In October, the 
Second Justice Tribunal set December 2005 as the start of the trial. 
The officers remained in jail.
    In August, former President Moscoso signed a document in which the 
country accepted responsibility before the Inter-American Commission on 
Human Rights (IACHR) for certain crimes committed during the 1968-89 
military dictatorship, thereby opening the possibility of a dialog 
regarding compensation between the Government and the families of 
victims. In October, the Torrijos administration informed the IACHR 
that it interpreted this dialog as a mechanism to work individually 
with those victims' families who had exhausted all legal remedies 
before the country's courts.
    In March, the Supreme Court overturned the decision of the Second 
Superior Tribunal by ruling that the prosecution of members of the 
former National Guard in the death of leftist leader Heliodoro Portugal 
was not barred by the statute of limitations. Heliodoro Portugal 
disappeared in 1970. In 2000, his family identified his remains by DNA 
as those found in an unmarked grave on the grounds of a former military 
base in Panama City. At year's end, the Second Superior Court ordered 
the detention of Ricardo Garibaldo for his involvement in the 
disappearance and death of Portugal and the 2002 petition before the 
IACHR regarding the Portugal case remained pending.
    As of September, the Office of Truth Commission Continuation, 
originally established as the Truth Commission for 6 months in 2001 to 
investigate killings and disappearances believed to have occurred under 
the 1968-89 military dictatorship, solicited the opening or reopening 
of 16 cases and continued to pursue 17 other cases of killings during 
the 1968-89 military dictatorship.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    As of September, the Office of Truth Commission Continuation 
solicited the opening or reopening of 18 cases and continued to pursue 
7 other cases of disappearances during the 1968-89 military 
dictatorship.
    During the year, there were no reports of kidnapping, rape, or 
harassment by Colombian insurgents in Darien or Kuna Yala Provinces.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and the public 
security forces generally performed in a professional and restrained 
manner. However, prison guards occasionally abused inmates, and 
according to the PNP's DRP, as of mid-August, there were 16 reported 
cases of police abuse against prison inmates.
    During the year, police generally exercised restraint in their 
treatment of street protesters (see Section 2.b.).
    Prison conditions remained harsh and, in some cases, life 
threatening, due largely to budget constraints. By December, the prison 
system, which had an official capacity of 7,348 persons, held 11,517 
prisoners. Most prisons were dilapidated and overcrowded. 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 often shared 
cells with sentenced prisoners due to lack of space.
    Medical care for prisoners was inadequate. AIDS, tuberculosis, and 
other communicable diseases were common among the prison population. 
During the year, the La Joya and La Joyita prisons continued to have 
water shortages. 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 mid-August, 8 inmates had died.
    There were some improvements in the prison system. The General 
Penitentiary Inspection Directorate (DGSP) hired 75 new civilian 
corrections officers (or ``custodians'') and began using all civilian 
custodians within El Renacer prison. In August, the Department of 
Corrections closed the Pacific island penal colony of Coiba, where 
conditions had been particularly harsh.
    The DGSP largely depended on 1,425 PNP officers to supply both 
internal and perimeter security at all prisons. There were only 440 
custodians for the entire prison system. As a result, regular PNP 
officers still were used to fill staffing gaps. PNP officers sometimes 
were untrained for prison duty and found the assignment distasteful, 
which contributed to tension and abuses within the prison system. 
Civilian custodians handled inmates within Nueva Esperanza, Tinajitas, 
El Renacer, and the central women's prison, which used only female 
officers. 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.
    Abuse by prison guards, both PNP and civilian, was a recurrent 
problem. Police officials acknowledged that they received and 
investigated 16 cases as of mid-August.
    The main prisons in Panama City included La Joya (a maximum-
security facility), La Joyita, Tinajitas, the Feminine Center (women's 
prison), and the Juvenile Detention Center. An additional facility, El 
Renacer, held inmates generally accused of less serious crimes. In 
March, the Ombudsman's Office recommended that the Government begin the 
process of closing La Chorrera prison because of the overcrowded 
prison's extremely unsanitary conditions. By August, the Government had 
reduced the number of prisoners in La Chorrera from 548 to 379.
    In Nueva Esperanza prison in Colon province, both male and female 
pavilions had separate sections for inmates convicted of administrative 
felonies and those convicted of violent crimes.
    There were prisons of significant size in David, Santiago, and 
other towns. Small jails attached to local police stations around the 
country sometimes held prisoners for the entire length of their 
sentences, but the police who guarded them lacked the necessary 
custodial training to prevent abuses.
    Female prisoners were held separately from male prisoners, and 
juveniles were held separately from adults. 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. 
Juvenile pretrial and custodial detention centers throughout the 
country suffered from inadequate resources to provide for education or 
adequate supervision of children, although a nongovernmental 
organization (NGO) provided secondary school instruction to some minors 
in custodial detention.
    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. During the year, conditional releases 
decreased due to resistance from the autonomous Attorney General's 
office.
    The Government generally allowed prison visits by independent human 
rights observers. The Ombudsman's office had a well-established prison 
visit program, and the Government generally allowed staff from the 
Ombudsman's office to speak with prisoners without monitoring. 
Prisoners expressed fear of retaliation if they complained. Justicia y 
Paz, the Catholic Church's human rights monitoring group, brought 
prison abuses to the attention of the authorities. The Association of 
New Men and Women of Panama, a gay and lesbian rights group, noted 
difficulty in gaining access to prisoners to provide AIDs education and 
training.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions. 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. 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. Police arrested and detained children for minor infractions 
during neighborhood sweeps (see Section 5).
    The PNP falls under the civilian authority of the Minister of 
Government and Justice. There were approximately 15,000 police officers 
with an estimated total budget of $147,820,000. Although its primary 
mission was law enforcement, the PNP was detailed for prison and border 
security. 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 and performed 
criminal investigations in support of public prosecutors. 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. In June, the Human Rights Ombudsman's 
office hosted a 3-day course on human rights and penitentiary 
procedures for PNP agents working in prisons.
    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 director of the PTJ or the PNP review 
panel, as appropriate, has the final authority to determine the 
disposition of each case.
    The PNP deputy director and the 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. As of 
late September, the Ombudsman received 58 complaints against the police 
for abuse of authority (see Section 4). At year's end, the PNP Office 
of Professional Responsibility received 543 complaints (including 132 
cases of physical mistreatment), an average of 10 complaints per week, 
an increase from 9 per week in 2003. Through mid-August, the office 
penalized 60 officers. Penalties included reduction in rank, and in 
severe cases, criminal prosecution. There were 16 dismissals as of mid-
August.
    The PTJ received complaints from the public, and officers could 
make anonymous complaints of corruption and other problems. By early 
September, the PTJ Office of Professional Responsibility had conducted 
136 investigations, which resulted in the dismissal of 17 agents. The 
majority of open cases were for mishandling official property such as 
misplacing guns or radios (53), misconduct or improper behavior (25), 
corruption (15), abuse of authority (15), and negligence (10).
    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. In May, PNP narcotics 
officers arrested the entire PNP uniformed shift at the substation in 
San Carlos, including the police captain, for off-loading boats from 
Colombia that carried illegal narcotics.
    The Constitution 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. While 
the law provides for bail, in practice judges often declined to grant 
bail.
    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, by December, 
6,701 prisoners, or about 58 percent of the prison population, were 
pretrial detainees. The average period of pretrial custody was 24 
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. As of mid-
August, the Government had granted 35 work permits and 14 school 
permits to prisoners.

    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 9 Supreme Court magistrates to 10-year 
terms, subject to National 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. This system continued to have serious shortcomings 
outside of Panama City: 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. As of 
October, the number of local sentences imposed by corregidores in 
Panama City alone was 1,152. Affluent defendants still tended to pay 
fines while poorer defendants went to jail, which contributed to prison 
overcrowding (see Section 1.c.).
    The 1998 judicial reform program started by the Inter-American 
Development Bank and the Government finished at year's end.
    The Constitution provides that persons charged with crimes have the 
right to counsel, to be presumed innocent until proven guilty, to 
refrain from incriminating themselves or close relatives, and to be 
tried only once for a given offense. If not under pretrial detention, 
the accused may be present with counsel during the investigative phase 
of the proceeding. Judges may 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. Thirteen additional public 
defenders have been hired since 1992; there were 49 nationwide, with a 
similar number of assistants. In 2003, the Government appointed seven 
prosecutors to comply with a new law regarding delinquent minors. A 
heavy workload continued to undermine 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 
continued to cause a backlog in trial dates, which 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.
    In November, a constitutional reform signed by President Torrijos 
and ratified by the National Assembly went into effect, permitting 
wiretapping with a court order issued by a competent court that 
identifies a specific objective.
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. During the year, 10 journalists were 
charged with criminal libel according to the Ombudsman's office.
    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. Seven 
national daily newspapers, 5 national broadcast television stations, 2 
educational television stations, 1 religious broadcast television 
station, and more than 120 radio stations provided a broad choice of 
informational sources; all were privately or institutionally owned 
except for 1 government-owned educational television station. The law 
prohibits newspapers from holding radio and television concessions, and 
vice versa. The media carried a wide variety of political commentaries 
and other perspectives, both local and foreign.
    In the run-up to the national elections in May, government 
advertising continued to be distributed along partisan lines and 
clearly favored certain newspapers despite their modest circulation. In 
October, the Torrijos administration centralized the purchase of 
advertising for the central government's non-autonomous entities under 
the Secretariat of Communication, which began using its discretion to 
purchase advertising on the basis of circulation, purchasing 
advertising in all the major newspapers for some topics.
    Domestic and foreign journalists worked and traveled freely 
throughout the country. The law requires directors and deputy directors 
of media outlets to be citizens.
    A 1999 law eliminated ``gag laws'' dating from the military 
dictatorship; 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. A 2002 report 
by the Ombudsman's office found that government officials brought 52 
percent of the criminal libel suits against journalists and the media. 
In November, Constitutional reforms removed judges' ability to jail or 
fine persons for contempt without a trial, but did not reform criminal 
libel.
    In March, police arrested editorialist and former president of La 
Prensa, Roberto Eisenmann and charged him with criminal libel in a case 
brought against him by the Attorney General. The charges stem from a 
January 30 column in which Eisenmann accused Sossa of ``protecting 
criminals and filing charges against journalists.''
    In August, former President Mireya Moscoso included many 
journalists, including Roberto Eisenmann, among a list of individuals 
pardoned for various crimes. This pardon reduced significantly the 
number of journalists charged with libel and related crimes. At year's 
end, as many as 30 cases against journalists continued, including that 
of former Agricultural Minister Linnette Stanziola Apolaya against 
journalists Rafael Berrocal and Sady Tapia.
    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. Despite occasional public protests over the content of radio 
programs, no stations were fined.
    The Government did not restrict access to the Internet.
    In March, the Disciplinary Commission of the University of Panama 
summoned Law and Politics Professor Miguel Antonio Bernal to provide a 
statement on April 6 in connection with Bernal's public criticism of 
the university rector and university academic policies. On April 6, 
Bernal left the hearing site before the hearing began after he received 
shouted insults from more than 20 administration personnel. In August, 
President Moscoso included Bernal on her presidential pardons list. At 
year's end, Bernal continued in his position at the university.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.
    In October, over 28 persons were injured in Bocas del Toro, 
including 24 police officers, when anti-riot police attempted to open 
roads closed by residents protesting the local private utility company. 
The 22 protestors initially detained in the incident claimed after 
their release that police brutally beat them in detention and media 
published pictures of their injuries. Preliminary investigation by the 
Ombudsman's office indicated that protestors tied up police, took and 
set fire to their equipment, and tried to set fire to officers. Cases 
filed with the Public Ministry by both sides continued at year's end.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion provided that ``Christian morality and public order'' are 
respected, and the Government generally respected freedom of religion 
in practice.
    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 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice. A 9:00 
p.m. curfew for unaccompanied minors in the Panama City area remained 
in effect, and enforcement became strict under the outgoing 
administration's Operation Hard Hand policy.
    The Constitution prohibits exile, and there were no reports of 
forced exile.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided some protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
sometimes granted refugee status or asylum. 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.'' While the 1998 decree provides for a meeting 
every 3 months to determine status, by August the Moscoso Government's 
Refugee Commission only met once, reviewed approximately 10 refugee 
cases, and granted asylum to 2 persons. The Torrijos Government's 
Refugee Commission received training from the United Nations High 
Commissioner for Refugees (UNHCR) and met twice within 2 months and 
reviewed 32 cases, granting asylum in 14 cases and deferring 8 to 
permit the presentation of additional evidence.
    The Government cooperated with the office of the UNHCR and other 
humanitarian organizations in assisting refugees. In April, the UNHCR 
and the Government agreed to the establishment of a permanent UNHCR 
office in the country, and the Government granted the UNHCR unimpeded 
access to refugees and UNHCR project sites. The UNHCR operated out of a 
Panama City office and a regional office in Darien to monitor and to 
aid displaced Colombians.
    The 1998 decree only grants 2 months' temporary protection to 
``displaced persons'' in the case of a large influx. The 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.
    According to the UNHCR, there were approximately 821 Colombians 
under temporary protective status in the country. The Government did 
not permit displaced Colombians to move or work outside of their 
assigned villages. The Government generally remained reluctant to 
classify displaced Colombians as refugees, but began to work with the 
Government of Colombia and UNHCR on steps to regularize the status of 
Colombians displaced for several years under other immigration 
categories. Some Colombians have lived in the country for years without 
formal refugee status. In Jaque, central Darien, and Kuna Yala, the 
Government, along with the UNHCR, provided displaced Colombians with 
food, medical care, and access to public services, including schools 
and clinics. The Catholic Church and NGOs assisted the displaced 
Colombians with infrastructure and income generating projects. The 
International Committee of the Red Cross provided some limited 
assistance to the approximately 40-50 displaced Colombians living in 
the remote Alto Tuira border area. In February, the Government, the 
Colombian Government, and the UNHCR successfully conducted a voluntary 
and transparent repatriation of 24 Colombians from Boca de Cupe.
    The authorities continued to refuse entry to Colombians who arrived 
by air and could not show that they had at least $500; however, 
according to UNHCR, Colombians arriving by air to claim refugee status 
generally had $500.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. The Constitution provides for direct popular 
election by secret ballot of the President, the vice president, 
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. The 
Government respected the rights of its citizens to join any political 
party, and vote for candidates of their choice. However, the law 
requires new political parties to meet strict membership and 
organizational standards to gain official recognition and participate 
in national campaigns.
    In May, Democratic Revolutionary Party (PRD) presidential candidate 
Martin Torrijos defeated Solidarity Party (PS) candidate Guillermo 
Endara, Arnulfista candidate (PA) Jose Miguel Aleman, and Democratic 
Change (CD) candidate Ricardo Martinelli, winning 47 percent of the 
popular vote. Domestic and international observers characterized the 
elections as generally free and fair; however, at least one local 
contest was marred by reports of vote buying. The PRD gained a majority 
of 42 seats in the National Assembly.
    In November, several constitutional reforms became effective. The 
reforms required political parties to be structured democratically, 
permitted independents to campaign for the National Assembly, increased 
the autonomy of the Electoral Tribunal, and limited the immunity of 
representatives in the National Assembly by permitting the Supreme 
Court to prosecute criminal cases against representatives. Beginning in 
2009, the reforms would reduce the number of vice presidents from 2 to 
1 and cap the number of National Assembly members at 71.
    Public perceptions of executive and legislative corruption were 
consistently high. In the lead-up to the May election, polls identified 
corruption as one of the greatest national problems. Extensive 
legislative immunity, granted by the Constitution, continued to hinder 
judicial follow-up of accusations of corruption against National 
Assembly members. The Torrijos administration established a National 
Anti-Corruption Commission under the presidency, audited accounts on an 
agency-by-agency level, rescinded improperly granted diplomatic 
passports, dismissed employees for malfeasance, and brought charges 
against officials for petty corruption.
    Immediately upon taking office on September 1, the Torrijos 
Administration revoked a Moscoso Administration implementing decree 
that impeded enforcement of the Transparency Law intended to provide 
public access to information from and about public entities. In May, 
the Supreme Court had invalidated on constitutional grounds several of 
the decree's most restrictive articles. In November, the Torrijos 
administration decreed that cabinet meeting minutes are exempt from 
public release under the Transparency Law. In late October, the 
Solicitor General interpreted the Constitution narrowly in advising the 
Ministry of the Presidency on the disclosure of statements of 
officials' assets by notaries, indicating that notaries are only 
authorized to disclose the statements to the Comptroller General, the 
Ministry of Economy and Finance, and authorities with jurisdiction.
    Women held 11 of 78 National Assembly seats. Two women held 
positions in the 13-member Cabinet under the Torrijos Administration, 2 
female judges were on the Supreme Court, and an Afro-Panamanian woman 
was the Solicitor General. There was 1 Afro-Panamanian in the Cabinet. 
There were dedicated seats for two Kuna Yala comarca and three Ngobe-
Bugle comarca legislators in the National Assembly. In addition to the 
five dedicated seats, Bocas del Toro elected one Ngobe legislator to 
the National Assembly. Neither the Madugandi nor the Embera-Wounaan 
reserve had its own dedicated legislators.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights organizations, 
including both religious and secular groups, operated without 
government restrictions, investigating and publishing their findings on 
human rights cases. Government officials were generally cooperative and 
responsive to their views.
    In November, constitutional reforms went into effect requiring an 
Ombudsman's Office under the direction of an Ombudsman named by the 
legislature to a five-year term. Prior to the reforms, the Ombudsman 
and Ombudsman's office were only authorized by statute. During the 
year, the Ombudsman's office received complaints from citizens 
regarding abuses or violations committed by public servants or 
government institutions, collected information, observed elections, 
confronted accused public institutions or employees, provided human 
rights training, and conducted studies to promote international human 
rights standards. Although the Ombudsman had no coercive authority, he 
could confront public institutions and employees with their misdeeds. 
In 2001, the legislature elected attorney Juan Antonio Tejada Espino as 
Ombudsman for a 5-year term.
    As of mid-September, the Ombudsman's office received 652 complaints 
against the Government. Of this number, 565 were against public 
institutions (58 of them against the PNP), and 87 were against 
businesses operating under a government concession. The Ombudsman 
improved its comprehensive web site and extended office hours for 
receiving complaints.
    As of mid-September, the Office of Truth Commission Continuation 
solicited the opening or reopening of 16 cases of killings and 
continued to pursue 17 other cases of killings during the dictatorship 
(see Section 1.a.). As of mid-September, the Office of Truth Commission 
Continuation solicited the opening or reopening of 18 cases of 
disappearances and continued to pursue 7 other cases of disappearances 
during the dictatorship (see Section 1.b.). In December, President 
Torrijos announced that he was not extending funding to the Office of 
Truth Commission Continuation when it expired at year's end, and that 
cases of killings and disappearances during the 1968-89 dictatorship 
would continue to be handled through the judicial process.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
birth status, social class, sex, disability, or political views. A 2002 
law specifically prohibits discrimination and any kind of ``right of 
admission'' to any public or commercial establishment and sets fines 
from $250 to $1,000. However, societal prejudices persisted. Cases of 
discrimination were difficult to prove, and legal remedies for victims 
were complicated, time-consuming, and costly. Many commercial 
establishments continued openly to operate a ``right of admission'' 
policy, which discriminated against dark-skinned persons.

    Women.--Domestic violence against women continued to be a serious 
problem. The Family Code criminalizes rape, spousal rape, and family 
violence (including psychological, physical, or sexual abuse). 
Convictions for domestic violence were rare because victims generally 
chose spousal therapy over prosecution. Abusers were commonly convicted 
of unintentional killing in cases of spousal death. By October, the PTJ 
registered 1,167 cases of domestic violence. The PTJ also received 469 
cases of rape and 88 cases of attempted rape by October. At year's end, 
the PNP's DRP reported that its office investigated 38 cases of 
domestic violence and 5 cases of rape committed by officers during the 
year. The media reported at least one case of spousal killing by a PNP 
officer (see Section 1.a.).
    In Panama City, the Support Center for Abused Women (CAMM) operated 
one temporary shelter for abused women and children funded by the 
Government and the European Union, but the shelter did not serve women 
abused outside of the domestic context. CAMM also provided domestic 
violence victims with health and legal services, counseling services 
for women and their domestic abusers, and a hotline.
    Spouses or other family members frequently were the perpetrators. 
The Foundation for the Promotion of Woman (FUNDAMUJER) and the Center 
of Colon Women (MUCEC), 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 5, Trafficking).
    The law prohibits sexual harassment in cases of established 
employer/employee and teacher/student relations. The extent of the 
problem was difficult to determine because convictions for sexual 
harassment were rare and pre-employment sexual harassment was not 
actionable.
    The law prohibits discrimination on the basis of sex. The 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, 
competent caseload management would require 80 family judges; however, 
only 16 of the legally mandated 20 family judges served during the year 
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, according to a 2002 study. There were 
credible reports of irregular hiring practices based upon age and 
``appearance.'' Female politicians noted discrimination within their 
own parties, where they were generally given the least desirable ballot 
positions during party primaries.
    Through the National Directorate of Women, the Ministry of Women, 
Youth, Family, and Childhood 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.
    Prostitution was legal and regulated. Studies of prostitutes over 
the past decade, including a 2002 International Organization of Labor 
(ILO report), point to domestic violence, initiation of sexual 
relations before age 18, poverty, broken homes, and teenage maternity 
as the major risk factors for prostitution. In August, the Comunidad 
Apostolica Hosanna began a program to remove women from prostitution 
and provide them with social services. At year's end, the program had 
removed two women from prostitution and was working with eight other 
women.

    Children.--The Government is committed to children's rights and 
welfare. Education is compulsory through the 9th grade and the 
Constitution establishes free public education through high school. 
Children did not always attend school due to traditional attitudes, 
financial and economic constraints, lack of transportation or secondary 
schools, and insufficient government resources. The problem was most 
extreme in Darien Province and among indigenous groups. According to 
the 2000 Census, 65 percent of children nationally between the ages of 
15 and 19 had some schooling beyond sixth grade, but only 18 percent of 
children ages 15-19 had schooling beyond sixth grade in the Embera and 
Ngobe-Bugle comarcas.
    The Government furnished basic health care for boys and girls on an 
equal basis 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. In November and 
December, the Government held health fairs to provide children with 
vaccinations and medical checkups. According to the Government, from 
September to December, the Ministry of Health also provided 75,000 
persons with medical, dental, and optometric care through health 
caravans that reached rural and indigenous areas.
    By October, the PTJ registered 364 cases of child abuse and 
neglect. Sexual abuse, including incest, accounted for 135 of these 
cases. Lack of reporting remained a problem, often because of parental 
involvement or complicity. Sexual abuse of children was reported in 
both urban and rural areas, as well as within indigenous communities. 
Neglect of children also was a problem. Malnutrition and inadequate 
medical care were generalized problems, most severe among rural 
indigenous groups.
    Inadequate resources and training available to the family courts 
continued to result in controversial decisions, including the return of 
children to abusive situations. By July, the 5 juvenile penal courts in 
Panama and Colon provinces reported 1,241 new cases against juveniles. 
Gang recruitment of minors by young adults was an increasing problem. 
Police arrested and detained children for minor infractions during 
neighborhood sweeps.
    Trafficking in children and child labor were problems (see Sections 
5, Trafficking and 6.d.).

    Trafficking in Persons.--The law prohibits trafficking in women and 
children; however, there were reports that persons were trafficked to, 
from, or within the country. The magnitude of the problem was difficult 
to determine because the country was a transit point for illegal 
economic migrants who were not forced into prostitution or debt bondage 
but used similar smuggling routes. Both the Ministry of Government and 
Justice and the autonomous Attorney General's office had key roles in 
combating trafficking. The Ministry of Youth had a strong role in the 
prevention and the protection of victims.
    On March 31, the Government enacted a law that included stronger 
penalties, better legal definitions of trafficking and pornography, and 
proscriptions against Internet predation and the promotion of sex 
tourism. The law also enhanced investigation capability by eliminating 
the need to initiate a complaint for an investigation, delaying the 
running of the statute of limitations in cases involving minors, and 
permitting undercover operations and the monitoring of suspects' 
computers in sex crime cases. Unfortunately, the autonomous Attorney 
General failed to convene CONAPREDES, the institution under the law 
that would have provided additional funding to combat trafficking and 
to provide victim's assistance. However, during the year the PTJ 
created a specialized section for child sexual exploitation and the PTJ 
and Public Ministry extended anti-trafficking efforts to the provincial 
level.
    At year's end, the PTJ's specialized section had begun 24 formal 
investigations and transferred 7 cases to the Prosecutor's office for 
prosecution. The Prosecutor's office also initiated its own 
investigations, including a case involving suspected trafficking to 
Europe. Information sharing between the Government and neighboring and 
other countries increased, with the PTJ receiving three leads from 
Interpol and six leads directly from other countries.
    The country was a destination point for trafficked women. There was 
some evidence that rural children were trafficked internally to work as 
domestic servants in urban areas. Colombia was the primary country of 
origin for trafficked women, followed by the Dominican Republic. 
Although many Colombians and Dominicans came willingly to the country 
apparently intending to become prostitutes, anecdotal evidence 
suggested that some were forced to continue as prostitutes.
    The country was a transit point for Colombian sex workers to other 
Central American countries and the United States. Some of these women 
were assumed to be trafficking victims, but evidence of total numbers 
was lacking. Alien smuggling was a more prevalent problem. Most aliens 
transiting the country using smuggling networks were Ecuadorian, 
Peruvian, Colombian, Chinese, and Indian nationals who arrived from 
Ecuador, Peru, or Colombia in route to the United States. There was 
limited anecdotal evidence that some were trafficked for debt bondage, 
including Chinese debt bondage within Panama.
    The PNP and the Immigration Department conducted raids every 2 to 3 
months on bars and brothels. By mid-November, the Immigration 
Department under the Torrijos Administration had conducted raids on two 
nightclubs and initiated deportation proceedings for 30 Colombians 
working illegally as prostitutes. For the first time, the Immigration 
Department also fined the noncompliant clubs. Immigration officials and 
the PNP also conducted ad-hoc investigations and raids based on tips 
and other leads but did not generally work cooperatively with the PTJ 
Sex Crimes Unit. The Immigration Department also suspended issuance of 
the ``alternadora'' visa, believed linked to the prostitution of 
Colombian sex workers.
    Commercial sexual exploitation of minors was a problem. ILO studies 
indicated there were at least 100 minors who were victims of commercial 
sexual exploitation. Commercial sexual exploitation was primarily an 
internal issue except that perpetrators included foreigners, and there 
was limited evidence of international trafficking networks of minors to 
or through Panama. NGO and government efforts in prevention and 
education were limited by lack of resources and coordination problems. 
During the year, the Government prosecuted and convicted several 
persons for prostituting children.
    The March 31 law includes provisions to increase protection of 
trafficking victims from traffickers and specifies that victims will 
not be criminally responsible for prostitution or immigration crimes. 
The law also provides for indemnification of victims of trafficking, 
even if they return to their native country for costs of medical and 
psychological treatment, temporary housing, legal fees, and emotional 
suffering.
    In November, the Ministry of Youth, the Ministry of Government, and 
the First Lady's Office launched a campaign to combat child sexual 
tourism. In November, the Ministry of Youth held a workshop with 40 
local officials in the Darien province and a forum with 124 
participants in Panama City on child commercial sexual exploitation. In 
December, the Ministry of Youth also trained 16 officials in Veraguas 
province in combating child commercial sexual exploitation. The 
Ministry of Youth provided shelter and other services to victims of 
commercial sexual exploitation, using substitute families, its own 
shelter, and the shelter of a nongovernmental organization it 
subsidized.

    Persons With Disabilities.--There was substantial discrimination 
against persons with disabilities in employment, education, access to 
health care, and in the provision of other state services, but the 
Torrijos administration took steps to decrease discrimination. The law 
mandates access to new or remodeled public buildings for persons with 
disabilities; however, the Government generally failed to enforce these 
provisions in practice.
    While the 2000 Census counted 52,197 persons with disabilities, the 
new National Secretariat for Social Integration of the Disabled found 
estimates by international organizations of 280,000 disabled persons 
probable. The Secretariat coordinated and provided technical assistance 
to government and civil society efforts to decrease discrimination 
against and increase inclusion of the disabled. In October, the 
Government installed a Council for the Social Integration of the 
Disabled to support the Secretariat. The Council involved civil society 
and more ministries (such as the Ministry of Public Works) and worked 
to include the needs of the disabled in ministerial budgets. The 
Ministry of Education was responsible for educating and training minors 
over the age of four with disabilities, while the Ministry of Women, 
Youth, Family, and Childhood provided training to children under four 
and protected the rights of the disabled. Children with disabilities 
generally were separated from the general population; however, the law 
requires schools to integrate children with special needs into the 
student body.
    The Ministry of Labor was responsible for placing workers with 
disabilities in suitable jobs, but placement remained difficult despite 
a 1999 law requiring mandatory employment of at least two percent 
disabled personnel. 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 meant to serve the public be accessible to persons with 
disabilities, with fines for the public sector from $100 to $500 for 
noncompliance. A national law with similar requirements for new 
construction projects generally was not enforced, but the Secretariat 
began a campaign to increase voluntary compliance. Awareness of 
disability issues increased under the Torrijos administration, and 
commercial establishments increasingly provided and enforced 
handicapped parking spaces. However, basic services such as 
handicapped-accessible sidewalks and bathrooms were largely 
unavailable.

    National/Racial/Ethnic Minorities.--The country is racially 
diverse, with the majority of the population mestizo, Afro-Panamanian, 
or indigenous. Minority groups generally have been integrated into 
mainstream society with overall success; however, discrimination 
against the country's newer immigrants, especially Chinese, sometimes 
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 if they assimilated.
    Middle Eastern and Indian residents, like the Chinese, also 
suffered from racially motivated discriminatory treatment. All three 
groups often worked in the country's retail trade, particularly in 
urban areas. Legal and illegal immigrants, especially Chinese, were 
accorded fewer legal protections than 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 as sole proprietorships and 
sometimes encountered bureaucratic difficulties in practicing their 
professions.
    Racism against blacks occurred, although it generally was expressed 
in subtle terms. Afro-Panamanians comprised at least 14 percent of the 
population; however, blacks were underrepresented in the highest 
positions of political and economic power. Many Afro-Panamanians 
remained clustered in the economically depressed province of Colon and 
poorer neighborhoods of Panama City.
    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 
discriminated against citizens with darker skin through preferential 
hiring practices in the private sector and manipulation of government 
resources in the public sector. The predominantly Afro-Panamanian city 
of Colon, 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).

    Indigenous People.--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. According to the 2000 Census, indigenous people 
numbered approximately 285,000 (approximately 9 percent of the 
population) and had the same political and legal rights as other 
citizens. There are indigenous reserves for five of the country's seven 
native groups, including the Embera-Wounaan, Ngobe-Bugle, and Kuna. 
Tribal chiefs govern each reserve. The much smaller Bri-Bri 
(approximately 2,500 members) and Naso (approximately 3,000 members) 
tribes, residing near the border with Costa Rica, did not have 
officially recognized enclaves.
    The Ministry of Government and Justice maintained an Office of 
Indigenous Policy. Federal law is the ultimate authority on indigenous 
reserves, but local groups had considerable autonomy. For example, the 
Government recognized traditional Kuna marriage rites as the equivalent 
of a civil ceremony. Laws protect intellectual property rights of 
indigenous artwork and establish regulations for artisan fairs. Despite 
legal protection and formal equality, indigenous people generally had 
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 was 
widespread.
    Kuna Yala leaders have succeeded in enforcing their territorial 
boundaries and maintaining their cultural integrity. There were two 
Kuna-Yala and four Ngobe 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.
    Due to their often poor mastery of Spanish, indigenous populations 
often misunderstood their rights and failed to employ legal channels 
when threatened. In addition, legal tribunals were unavailable in 
indigenous areas. The problem was exacerbated by government inattention 
to indigenous problems. The Kuna comaraca Madugandi complained of 
encroachment by settlers who were deforesting the comarca. The Ngobe 
were under threat due to the isolation of their reserves, encroachment 
by settlers, and generalized poverty. The Embera-Wounan struggled to 
protect their intellectual property in medicinal plants. Indigenous 
workers frequently 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 quality 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.).
    In August, violence erupted between a group of Embera-Wounan and 
nonindigenous settlers in a land dispute in the district of Chiman, 
less than 200 miles east of Panama City. The PNP posted approximately 
55 frontier police in the area to avoid further armed conflict. At 
year's end, the situation had stabilized and the additional police had 
been removed from the area.

    Other Societal Abuses and Discrimination.--The law prohibits 
discrimination against persons with HIV/AIDS in employment and 
education, but discrimination was common in practice due to ignorance 
of the law and of HIV/AIDS. The Government provided treatment for HIV/
AIDS in at least 80 percent of cases through the Ministry of Health and 
Social Security; however, the Government had problems maintaining 
retroviral medication in stock. In December, the First Lady, President 
Torrijos, and two government ministers participated in an HIV/AIDS 
awareness event.
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. The Labor Code establishes the minimum 
size of unions at 40 workers and permits only one ``establishment 
union'' per establishment to represent the workers of that 
establishment, but umbrella unions based on skill groups may also 
operate in the same establishment. The Code provides that if the 
Government does not respond to a registration application within 15 
days, the union automatically gains recognition with all rights and 
privileges under the law. Associations of unions complained that such 
automatic registration did not function in practice. 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 
code also allows labor leaders to keep their union positions if fired 
from their jobs. Approximately 10 percent of the total employed labor 
force was organized.
    As of September, the Government had not made any additional 
payments to 270 public sector electricity and telecommunications 
workers whose dismissal the Inter-American Court of Human Rights had 
found improper in a 2001 ruling.
    The Government and political parties exercised political, 
ideological, and/or financial influence over some unions.

    b. The Right to Organize and Bargain Collectively.--The law 
provides all private sector and most public sector workers with the 
right to organize and bargain collectively, and private worker unions 
exercised it widely. The Labor Code establishes a conciliation section 
in the Ministry of Labor to resolve private labor complaints and 
provides a procedure for mediation.
    Public workers had an association consisting of 19 public workers 
associations, but it did not strike or negotiate collective bargaining 
agreements because only approximately 8 percent of government workers 
were protected from arbitrary dismissal as certified career employees. 
At year's end, the Ombudsman's office reported that it had received 
over 200 complaints of unjustified dismissal from public employees. The 
law grants some public employees a limited right to strike, except for 
those in areas vital to public welfare and security, such as the police 
and health workers. At least 25 percent of the workforce must continue 
to work to provide minimum service in the case of administrative 
workers, and 50 percent must continue to provide service in the case of 
workers providing ``essential public services,'' such as 
transportation, firefighting, telecommunications, and mail.
    The law governing the autonomous Panama Canal Authority prohibits 
the right to strike for its 8,400 employees, but does allow unions to 
organize and to bargain collectively on such issues as hours and safety 
and provides for arbitration to resolve disputes.
    Employers in the retail industry 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 ``three-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 workers 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 
subsequently lay them off.
    Employers, following a 2000 Supreme Court ruling, increasingly 
negotiated directly with unorganized workers before unions formed or 
had a majority presence in the workplace.
    Unions and collective bargaining are permitted in export processing 
zones (EPZs). A strike is considered legal only after 36 workdays of 
conciliation are exhausted; otherwise, striking workers can be fined or 
fired. A 1998 ILO observation 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. The Government responded that it 
considered the time limits reasonable and that the parties may have 
recourse to arbitration. The same labor laws governing EPZs applied to 
the more recent Call Centers. There were approximately 1,000 EPZ 
employees and several times more Call Center employees. Minimum wage 
provisions applied in the EPZs and Call Centers, and wages were 
generally higher in the Call Centers than in the economy as a whole. In 
the EPZs, workers could agree to take the Labor Code's compulsory 
Sunday rest period on another day and to overtime compensation based on 
a straight 25 percent differential, compared to a complex and costlier 
system under the Labor Code.
    In July, the Government created a special economic area in the 
former Howard Air Force Base Area. The law creating the area contains 
provisions intended to create greater labor flexibility similar to the 
minimum wage and required rest day provisions in the EPZs.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory labor by adults and children.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law and Constitution prohibit the employment of children under 14 years 
of age except children age 12 and over performing light farm work, and 
also prohibits the employment of children under age 15 if the child has 
not completed primary school. However, child labor was a problem in 
some provinces and some economic sectors.
    Children under age 18 legally cannot work more than 6 hours per day 
and cannot work at night. The law 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, melons, and 
tomatoes. Farm owners often paid according to the amount harvested, 
leading many laborers to bring their young children to the fields to 
help with the work.
    The problem of child labor in agricultural areas fell most heavily 
on indigenous families, who often migrated out of their isolated 
reserves in search of paid work (see Section 5). These frequent 
migrations interrupted schooling. The Government claimed that due to 
insufficient staff, it often was unable to enforce child labor 
provisions in rural areas (see Section 6.e.).
    Child domestic labor was a problem. According to the 2000 census, 
over 6,000 children between the ages of 10 and 17 worked as domestic 
servants. A 2002 ILO study found that 47 percent of children working as 
domestic servants were 13 years old or younger and that 76 percent 
received less than minimum wage. Government enforcement of domestic 
laborer violations was weak traditionally because the place of work is 
a private residence; however, the Torrijos Administration began 
training its personnel how to request a warrant and proceed in domestic 
labor cases.
    Children continued to work for tips as grocery baggers in urban 
supermarkets, many during late hours; however, there was some evidence 
that supermarkets began employing more children closer to the legal 
work age. 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.
    Many children worked in the informal sector of the economy. An ILO 
survey of children and adolescents in two areas of Panama City found 
that the majority of child workers were self- employed. The most common 
jobs were grocery baggers (54 percent), garbage pickers (11 percent), 
bus assistants (10 percent), and street vendors (9 percent).

    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 $0.82 per hour to $1.56 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. In August 
2003, the Government raised the base minimum wage by an average of 4 to 
5 percent, depending on sector, region, and company size, as part of a 
legally required review of the minimum wage. Public workers do not fall 
under the Labor Code and were not included in the group of 
beneficiaries. 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.
    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 Ministry of Labor 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 and approximately 20 
construction workers died during the year. In 2001, the Ombudsman's 
office published a special report on the use of chemical pesticides in 
the banana industry, where poisoning by chemical agents was a recurrent 
problem and workers often worked, slept, or ate without proper 
protection. The situation improved, but problems continued, especially 
in remote areas. Complaints of health problems also continued in the 
cement and milling industries.
    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.

                               __________

                                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. In April 2003, voters elected Nicanor Duarte 
Frutos of the Colorado Party as President in generally free and fair 
elections. Duarte was inaugurated in August 2003. The Congress consists 
of a 45-member Senate and an 80-member Chamber of Deputies. An alliance 
of five opposition parties and dissident members of the governing 
Colorado Party controlled the Chamber of Deputies, while the five 
opposition parties in coalition controlled the Senate. The Constitution 
provides for an independent judiciary; however, the courts remained 
inefficient and subject to corruption and political pressure.
    The National Police has responsibility for maintaining internal 
security and public order and reports to the Ministry of the Interior. 
On several occasions during the year, especially in response to unrest 
and land invasions in the countryside, the Government called on the 
military to assist the police in maintaining public order. 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 was approximately 6.2 million. An 
estimated 45 percent of the workforce was employed in agriculture, 
which provided 21 percent of the gross domestic product (GDP) and more 
than 90 percent of export earnings. In 2003, real GDP grew 2.6 percent 
after falling by nearly a third over the preceding decade.
    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 abuse of 
convicted prisoners and other detainees continued. The Human Rights 
Ombudsman prosecuted cases of human rights abuses committed during the 
1954-89 Stroessner regime, and members of a commission charged with 
investigating these abuses were named and began work. Prisons were 
overcrowded and violent. Other problems included arbitrary arrests and 
detention, lengthy pretrial detention, corruption and inefficiency in 
the judiciary, and infringements on citizens' privacy rights. The 
Government continued its steps to reduce illegal military conscription, 
and treatment of conscripts improved; however, recruitment and 
conscription of minors has not been completely eliminated. Police used 
force against illegal but peaceful demonstrations. Continuing problems 
included violence and discrimination against women, trafficking in 
persons, discrimination against persons with disabilities and 
indigenous people, inadequate protections of worker rights, as well as 
child labor and child abuse.
                        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 
politically motivated killings by the Government or its agents; 
however, the police and military were responsible for some killings 
involving the use of unwarranted or excessive force. There were reports 
that police officers killed persons while acting outside the scope of 
their duties and of deaths in custody.
    In May, police officer Carlos Francisco Meyeregger was arrested for 
shooting and killing an assistant prosecutor in Paraguari. The 
prosecutor had attempted to question the officer about allegations that 
he was involved in the theft of livestock.
    In June, authorities arrested four police officers, Angel Cantero, 
Mauro Luis Benitez Amarilla, Edgar German Insfran, and Jose Dolores 
Amarilla Jara, and charged them with the murder of two brothers, 
Roberto Orlando and Javier Glitz Velazquez. According to the 
indictments, the killings were related to the officers' involvement in 
drug trafficking.
    There were no developments in the case of Adrian Martinez, a member 
of the National Police, who was arrested in September 2003 and charged 
with killing two 15-year-old boys.
    In August, police officer Roque Fretes Benitez was convicted of the 
2002 murder of Cynthia Celeste Fretes Leguizamon and sentenced to 12 
years in prison.
    No new information was available on the investigation into the 2002 
police killing of rural demonstrator Calixto Cabral.
    There were no new developments in the pending trial of police 
officer Adan Ramirez Olazar in the 2002 killing of Roberto Carlos 
Paniagua Jara.
    Police used force to disperse illegal protesters on several 
occasions, particularly in connection with land invasions, resulting in 
deaths and injuries on both sides (see Section 2.b.).
    There were no new developments, and none were expected, in the case 
of former President Raul Cubas who was freed from house arrest in June 
2003, while facing charges over the deaths of seven demonstrators in 
1999. Although a judge declared that Cubas bore no responsibility for 
the deaths, the charges formally remained in place.
    In 2002, lawyers from the Committee of Churches, a nongovernmental 
organization (NGO), petitioned the Foreign Ministry to continue 
prosecuting a motion to extradite former President Stroessner from 
Brazil to stand trial for a murder committed in 1977. The petition 
remained pending. In an unrelated case, in September, a judge requested 
Stroessner's extradition from Brazil and summoned the former head of 
the armed forces and 30 other retired military officers for questioning 
in relation to the disappearances of three political figures between 
1976 and 1978. There has been no response to the extradition request, 
which the Government neither endorsed nor opposed.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Political figures Juan Arrom and Anuncio Marti, accused of 
kidnapping Maria Edith Bordon de Debernardi, remained in Brazil, where 
they were granted political asylum in 2003. Brazil rejected the 
government's request for their return. In October, Interpol authorities 
in Spain detained Marti, who was traveling to a conference in Madrid 
with a Brazilian travel document. The Government requested Marti's 
extradition, but Spanish authorities allowed Marti to attend the 
conference and return to Brazil. Arrom and Marti accused police, with 
the complicity of a cabinet minister, of kidnapping and torturing them 
over a 2-week period in early 2002. Carmen Villalba, an accused 
accomplice arrested in 2003, escaped from the women's prison at Buen 
Pastor but was recaptured.
    The Supreme Court maintained documents related to abuses committed 
during the Stroessner regime in an Archives of Terror that were 
available for research by academics and the general public. During the 
investigation of the alleged Arrom/Marti abduction, authorities 
discovered additional documents that were added to the Archives.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; 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 April, an air force colonel accused his superior and a fellow 
officer of beating him for refusing to obey an alleged order to falsify 
a weapons inventory. A military investigation found the charges 
unsubstantiated.
    In July, Ramon Benitez Irala, accused of involvement in a fight at 
a street party in Hernandarias, was shot when police raided his 
apartment. The officers held him incommunicado in a cell for 8 days and 
refused to allow him to be treated for three bullet wounds. The 
officers were not charged.
    In September, the Inter-American Court of Human Rights found the 
Government liable for a fire in 2000 at the Panchito Lopez juvenile 
detention facility and imposed a fine of $5 million.
    There were no developments, and none were expected, in the case of 
Elvio Riquelme, who claimed in September 2003 that four policemen 
tortured him in the course of questioning.
    Police used force to disperse illegal protesters on several 
occasions, especially in connection with land invasions in the 
countryside, resulting in deaths and injuries on both sides (see 
Section 2.b.).
    The Constitution allows the Human Rights Ombudsman (Defensor del 
Pueblo) to prosecute and seek monetary compensation in cases of human 
rights abuses stemming from the 1954-89 Stroessner regime. Since his 
appointment in 2001, the Ombudsman, Manuel Paez Monges, has ruled that 
596 of 1,646 victims who filed petitions pursuant to a Senate 
resolution were entitled to compensation, and awards in the resolved 
cases ranged from $583 to $17,500 (3.5 to 105 million guaranies). In 
August, the country inaugurated a Truth and Justice Commission to 
investigate and document human rights abuses between 1954 and October 
2003. The Government requested that the U.N. release confidential 
documents relevant to the Commission's investigation.
    There were several reports, most recently in November and December, 
of members of the military harassing and beating civilians living near 
a military base in Puerto Falcon and, in two cases, leaving unexploded 
ordnance in civilians' backyards. The reason for such incidents was 
unclear.
    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 held over 2,500 for most of the year. A majority of those held were 
awaiting trial. Regional prisons generally held approximately three 
times more inmates than originally planned.
    There was also a makeshift maximum-security facility for housing 
dangerous offenders, or those considered to be high escape risks, in 
solitary confinement. Inmates were held in a facility not designed for 
prison use nor officially recognized as a prison.
    Security was a problem throughout the prison system. For example, 
there were approximately 130 guards for over 2,500 prisoners at Tacumbu 
Prison. Inmates frequently had weapons, particularly at the Emboscada 
prison in Minas. In February, an appeals court ordered that two inmates 
at Tacumbu receive protective detail after several attempts had been 
made on their lives within the institution. Escapes and escape attempts 
were frequent. In August, two inmates were shot to death by guards as 
they attempted to escape from Tacumbu. In September, 10 inmates escaped 
from the Itapua facility in Encarnacion, severely injuring a guard who 
confronted them. There were a number of instances of prisoners killing 
other prisoners. In January, violence in the Tacumbu and Emboscada 
prisons left six inmates dead from knife wounds. Corruption among 
prison guards remained a problem. In September, two guards were accused 
of assisting a group of 10 prisoners to escape from Tacumbu.
    Female prisoners generally were held in separate facilities from 
male prisoners. Although some smaller institutions held prisoners of 
both sexes, it was government policy to hold them in separate wings. In 
December, 19 women who had been moved from the Buen Pastor women's 
prison to the higher security Emboscada men's prison for alleged 
misconduct were returned to Buen Pastor after complaining that they had 
been subjected to inhumane conditions and abuse, including forced 
prostitution with male inmates. At year's end, the Senate Human Rights 
Committee was investigating the allegations of abuse and conditions at 
the prison.
    Juvenile prisoners generally were held separately from adults; 
however, in smaller, regional prisons outside the capital, adults and 
juvenile prisoners continued to be held together. In November, the 
Human Rights Committee of the Senate complained that 260 detainees aged 
18 to 20 who were transferred from the Panchito Lopez juvenile 
detention facility to the Tacumbu Prison were not properly separated 
from adult prisoners. Despite the Committee's involvement, conditions 
remained unsatisfactory at year's end.
    Pretrial detainees generally were held separately from convicted 
prisoners.
    The Government permitted independent monitoring of prison 
conditions by human rights organizations. Amnesty International and 
diplomatic representatives were granted access to prisons for announced 
and unannounced visits.

    d. Arbitrary Arrest or Detention.--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; however, arbitrary arrest and detention were 
problems. 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. In practice, the authorities did not always comply with 
these provisions. A few defendants alleged that police arrested them 
and held them incommunicado for days.
    The main police agency is the National Police, which is under the 
authority of the Minister of Interior. The police were inadequately 
funded, poorly trained, and generally corrupt. The Government took 
steps to control and punish human rights violations committed by police 
officers; however, the police enjoyed impunity for many of their 
actions. There were reports that police were involved in narcotics 
trafficking and provided support to the more notorious kidnapping 
rings. On October 28, the National Police Chief announced the dismissal 
of 60 police officers for acts of corruption, citing the dismissals as 
an example of a zero tolerance policy with regard to police corruption.
    The overall crime rate fell, and police made arrests in a number of 
high-profile cases, such as kidnappings. A new 911 system for reporting 
emergencies to police generated positive results.
    The Penal and Criminal Procedures Code provides that, after making 
an arrest, police have up to 6 hours to notify the Prosecutor's Office, 
at which point the Prosecutor's Office has up to 24 hours to notify a 
judge whether it will prosecute the case.
    The average time from arrest to trial was approximately 240 days. 
The Constitution permits detention without trial until the accused 
completes the minimum sentence for the alleged crime, which often 
occurred in practice. The law allows judges to utilize ``substitute 
measures,'' such as house arrest, in place of bail for most crimes; 
however, judges frequently set relatively high bail, and many accused 
persons were unable to post bond. Pretrial detainees constituted 
approximately 75 percent of the prison population. Supreme Court 
justices and staff and many criminal court judges made periodic visits 
to the prisons to identify and release improperly detained individuals.
    The law grants accused criminals the right to counsel; however, the 
Government lacked the resources to provide counsel to poor defendants, 
and many continued to go to trial without representation. The 
Government permitted defendants to hire attorneys at their own expense. 
Inmates were allowed regular visits from family members, including 
conjugal visits.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, courts remained inefficient and subject 
to corruption and political influence. Politicians and other interested 
parties often pressured judges, although the judiciary was not allied 
with any one political group.
    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 come within four functional areas: Civil and 
commercial, criminal, labor, and juvenile. The military has its own 
judicial system.
    The Constitution stipulates that all defendants have the right to 
an attorney, at public expense if necessary; however, 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.
    The Penal Procedures 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.
    In late 2003, as the first step in an effort to combat corruption 
in the judicial system, four justices of the Supreme Court resigned 
under pressure, and two were impeached and removed for corruption. 
Following a public consultation process, in which several civil society 
organizations vetted the nominees, the Senate chose, and the President 
appointed, six new justices as replacements.
    In July, the Attorney General suspended Judge Hugo Sosa Pasmor and 
ordered him to go before a review board. Sosa had ordered financial 
crimes charges dropped against several individuals accused of looting 
Banco Oriental during its failure in 2001 and never declared a conflict 
of interest stemming from his friendship with one of the defendants.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits police entry into 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 
abused their authority by entering homes or businesses without warrants 
and harassing private citizens. There were allegations that some 
government offices occasionally spied on individuals and monitored 
communications for partisan or personal reasons. In September, 
authorities arrested three police officers in Fernando de la Mora for 
extortion and running a protection scheme with small businesses.
    Over the past several years, the Government has established review 
procedures for military conscripts to prevent enlistment of minors and 
to investigate and report on abuses and conditions. During the year, 
the Government required all military officers responsible for 
recruiting to ensure that all conscripts met the legally minimum 
mandated requirement age of 18 for military service. The armed forces 
also had a human rights office responsible for helping NGOs investigate 
alleged uses of forged documents and illegal recruiting practices. In 
October, the Government's Inter-Institutional Committee on Human 
Rights, including judges, attorneys, legislators, and NGO 
representatives, visited military bases around the country to inspect 
conscripts' records and did not identify any minor soldiers. Although 
there were continued reports of mistreatment of conscripts during the 
year, the Inter-Institutional Committee reported that treatment and 
conditions improved considerably.
    The Constitution provides for the deferral of military service for 
conscientious objectors, but there is no legal framework to guide the 
military's treatment of those claiming the status. Approximately 
112,000 conscripts have been recognized as conscientious objectors 
since 1993. The Human Rights Commission of the Chamber of Deputies 
reported that it received 20 claims of conscientious objector status 
per day.
    In May, the Government expropriated land in Marquetalia invaded a 
year earlier by squatters from San Lorenzo and turned it over to the 
squatters.
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 and did not restrict academic 
freedom.
    The print and electronic media were independently owned; some media 
outlets were tied closely to political parties or business entities. 
Many media outlets clearly reflected personal business or political 
interests, and ethical and professional standards were low. The media 
commonly criticized the Government and freely discussed opposition 
viewpoints.
    In July, members of the youth wing of the Colorado Party, led by 
Raul Sanchez, beat and choked Daniel Duarte, a photographer from the 
daily La Nacion, when he attempted to take a photograph at one of their 
meetings. The parties reached a private settlement, and no criminal 
charges were filed.
    In August, policeman Alfredo Mino beat a photographer from the 
Ciudad del Este daily Vanguardia when the photographer took his picture 
as a reporter questioned him about a search he had performed without 
obtaining a warrant.
    Application of libel law was irregular. Judges were biased toward 
plaintiffs and frequently ruled in their favor regardless of the merits 
of a case. Several political figures sued journalists for libel or 
defamation during the year. A prominent Senator from the ruling 
Colorado Party, who sued the leading daily newspaper, ABC Color, for 
defamation, was awarded $100,000 (6.0 million guaranies). It was the 
fifth time in 5 years the Senator had sued the newspaper. Other 
political figures used police or private security officers to threaten 
or intimidate journalists.
    On several occasions, politicians and prosecutors issued public 
death threats to journalists who revealed embarrassing information 
about them, typically related to corruption.
    The Inter-American Court of Human Rights awarded $35,000 in damages 
to journalist Ricardo Canese, who was imprisoned without trial in 1992 
after losing a libel suit by then-presidential candidate Juan Carlos 
Wasmosy.
    The Government did not restrict use of the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly, and the Government generally 
respected this right in practice; however, in some cases, police used 
violent force against illegal but 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 opposed these restrictions. The law also requires that 
organizers notify the Asuncion police 24 hours before any rally 
downtown. In addition, the law 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. The Constitution prohibits closing roads as a 
form of protest; however, demonstrators did so on many occasions during 
the year.
    Several campesino organizations held demonstrations throughout the 
year. Members blocked several national highways, and campesinos invaded 
and occupied numerous rural properties, calling on the Government to 
expropriate farmland for redistribution. Although the Government sought 
to avoid violent confrontations, violence between security forces and 
protesters erupted on several occasions, which resulted in deaths on 
both sides.
    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 unregistered churches existed.
    For a more detailed discussion, see the 2004 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. 
Authorities frequently prohibited those accused of crimes from leaving 
the country and, on occasion, barred those convicted of crimes from 
traveling abroad after completing their sentences. The Constitution 
expressly prohibits exile, and the Government did not use it. Several 
individuals accused of offenses have fled the country and referred to 
themselves as exiles. In June, Lino Oviedo, the former general now 
imprisoned for coup plotting in the late 1990s, as well as several of 
his associates, returned from self-imposed exile.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol. In practice, the Government provided 
protection against refoulement, the return of persons to a country 
where they feared prosecution. The Government granted refugee status or 
asylum. The Government cooperated with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees and asylum seekers. In October 2003, a new 
National Commission for Refugees, an office of the Foreign Ministry 
created with the assistance of the UNHCR, adjudicated its first asylum 
applications.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. The Constitution and the Electoral Code mandate 
general elections every 5 years with voting by secret ballot.
    In the April 2003 presidential and congressional elections, 
multiple parties and candidates contested the country's leadership 
positions. Five parties won representation in Congress, and the 
opposition Liberal Party won several of the departmental governorships. 
Debate in Congress was free and frank, and the Congress often rejected 
the executive branch's proposals. The Senate was under the control of 
the opposition parties, and an alliance of five opposition parties and 
dissident members of the governing Colorado Party controlled the 
Chamber of Deputies.
    Observers from the Organization of American States characterized 
the April 2003 elections as free and fair. There were no reports of 
systematic nationwide irregularities, although Transparency Paraguay, 
an NGO, cited irregularities at several polling stations. Turnout was 
approximately 70 percent. For the first time in a national election, 
about half of the electorate cast ballots on electronic voting 
terminals, which were less prone to manipulation than paper ballots. 
The highest electoral court ruled that future elections would be 
conducted with electronic machines at all stations.
    There were several reports of political intimidation of prosecutors 
attempting to investigate official corruption. In June, Cuidad del Este 
prosecutor Amilcar Ayala reportedly received death threats related to 
his investigation into smuggling and falsification of video games. The 
prosecutor's office stated that it believed the threats came from 
corrupt officials in Customs, but no formal investigation took place. 
Ayala himself has been implicated in corruption cases.
    Miguel Corrales, a member of the Chamber of Deputies, threatened to 
use his position as a congressional representative on the Magistrates' 
Review Board to impeach a prosecutor who ordered Corrales' son to take 
a breathalyzer test. In response to political pressure, Corrales 
requested an indefinite leave of absence--tantamount to resignation--
from the board.
    The Government signed a number of agreements with civil society 
organizations to promote transparency in the public sector. The 
Ministry of Finance signed agreements with three local NGOs and the 
National Council for the Implementation of the National Integrity 
System to strengthen the Council's work. NGOs obtained information 
regarding the government's royalty transfers to local governments to 
promote greater oversight of the use of such transfers. However, in 
another case, Transparency Paraguay, which had been asked by the 
Government to promote transparency and provide oversight of procurement 
by the national oil company, removed itself from monitoring the company 
after it had difficulties in gaining access to information.
    There are no legal impediments to women's participation in 
government and politics. There were 11 women in Congress (4 of 45 
senators and 7 of 80 national deputies), 1 woman on the Supreme Court, 
1 woman elected as a departmental governor, and 3 women headed 
government ministries. The Electoral Code requires that 20 percent of 
each party's candidates in their internal primaries for elective office 
be women.
    Members of indigenous groups are entitled to vote, and the 
percentage of indigenous people who exercised this right continued to 
grow. The national electoral court estimated that 50 percent of the 
approximately 40,000 indigenous people eligible to vote did so in the 
2003 general elections. The court attributed the increase to its voter 
education campaign and political parties' voter assistance initiatives. 
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
    Domestic and international human rights groups generally operated 
without government restriction, investigating and publishing their 
findings on human rights cases; however, the Government 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), Luna Nueva (a group 
dedicated to the protection of children's rights), and Peace and 
Justice Service or 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.
    In October 2003, Ombudsman Paez Monges was re-appointed for a 
second 2-year term as the country's human rights advocate.
    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.
    The Human Rights Office of the Foreign Ministry organized an inter-
ministerial roundtable on human rights that met periodically throughout 
the year. It served as a forum for human rights officials from various 
ministries to coordinate their efforts and focused principally on 
combating trafficking in persons.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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 is punishable only by a fine. Thousands of women were 
treated for injuries sustained in violent domestic altercations. In 
recent years, there has been a trend toward the increased reporting of 
complaints, although statistics were unreliable.
    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, although the law does not 
include this provision. The Secretariat of Women's Affairs' 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. 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. The NGO Kuna Aty also offered services to 
abused women. No shelters for battered and abused women were available 
outside of Asuncion.
    The law makes rape, including spousal rape, illegal and provides 
penalties of up to 6 years in prison. The Government generally 
prosecuted rape allegations that were reported; however, many rapes 
went unreported because victims feared their attackers or were 
concerned that the law did not provide adequate respect for their 
privacy.
    The law prohibits the sexual exploitation of women, but the 
authorities did not enforce the prohibition effectively. Prostitution 
by adults is legal for persons over the age of 18, and exploitation of 
women, particularly underage prostitutes, remained a serious problem.
    The Labor Code prohibits but does not criminalize sexual 
harassment, and it remained a problem for many women in the workplace. 
Claims of abuse may be filed with the courts and the Ministry of 
Justice and Labor, but most complaints were settled privately.
    Women generally enjoyed the same legal status and rights as men. 
Sex-related job discrimination was 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 higher illiteracy rates than men. In 2003, an estimated 7 
percent of women were illiterate, compared with 5 percent of men. In 
addition, maternal mortality rates were high, and as many as 65 percent 
of such deaths were related to poor health 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 the Women's Education and Research 
Service, which focused on women, 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.
    Public schooling was provided through the age of 17, and education 
was compulsory until the age of 14. According to UNICEF, the rate of 
enrollment for children between the ages of 6 and 14 was 88 percent in 
2003; the rate of enrollment for children between the ages of 15 and 17 
was 31 percent. Boys and girls legally are entitled to equal access to 
education; at all ages, enrollment among girls was slightly greater 
than enrollment among boys. Rates of enrollment in urban areas were 
slightly higher than rates of enrollment in rural areas. The greatest 
area of inequality was between indigenous and non-indigenous children; 
only 59 percent of indigenous children between the ages of 6 and 14 
were enrolled in school. According to UNICEF, the national literacy 
rate was 94 percent.
    A 2003 survey reported that 42 percent of children age 14 or 
younger lived in poverty, and 11 percent of those suffered from chronic 
malnutrition, with both figures trending upward. Boys and girls 
generally had equal access to medical care.
    Abuse and neglect of children was a problem. A local NGO attributed 
a rise in the number of complaints of mistreatment of children to the 
increased awareness of child abuse and neglect.
    Sexual exploitation of children also was a problem. In its most 
recent 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.
    The 2001 Child and Adolescent Law created a Child and Adolescent 
Secretariat and required municipalities to create a new office to 
promote the rights of children and adolescents. The Secretariat, 
although now funded, has not been effective; however, since 2001, the 
number of municipalities with Child and Adolescent offices increased 
from 60 to approximately 120.
    There were reports of trafficking in girls for the purpose of 
sexual exploitation (see Section 5, Trafficking).
    There continued to be reports of the conscription of underage youth 
(see Section 1.f.), and, at year's end, an NGO and members of Congress 
were seeking to investigate allegations that the problem persisted.

    Trafficking in Persons.--The Constitution proscribes and the Penal 
Code criminalizes trafficking in persons; however, there were sporadic 
reports of trafficking to, from, and within 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 
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.
    The Secretariats of Women's Affairs and of Children and Adolescents 
were responsible for combating trafficking, and the Secretariat for 
Repatriations had a mandate to assist women who were trafficked abroad; 
however, the Secretariats' small budgets limited their effectiveness. 
The Government's primary focus was on the repatriation of its own 
citizens.
    The country was a source for trafficked persons, and trafficking 
also took place within the country. Anecdotal evidence suggested that 
several hundred women and children were trafficked abroad annually. 
There were no estimates available on the extent of trafficking within 
the country. Most victims came from the rural interior of the country, 
particularly the departments of Alto Parana, Canindeyu, and Caaguazu. 
Within the country, victims were trafficked primarily to the two 
largest cities, Asuncion and Ciudad del Este; the most significant 
foreign destinations were Argentina and Spain; smaller numbers of 
victims went to Brazil. Trafficking victims within the country worked 
in the sex industry. Underage girls reportedly also were forced to work 
as domestic servants, both domestically and in neighboring countries. 
Studies showed that most of the girls trafficked were working as street 
vendors when traffickers targeted them and that 70 percent of victims 
had drug addictions.
    In February, police in Ciudad del Este broke up a Taiwanese-run 
network that smuggled underage women between the country and Brazil. 
Authorities arrested six Taiwanese nationals.
    In March, police arrested several Chinese nationals attempting to 
smuggle a group of Bolivian women into the country.
    In June, Spanish police discovered more than 50 Paraguayan women 
working at brothels. The women claimed to have been trafficked by a 
group of men in Villarica promising them work in Spain as supermarket 
clerks. Two of the women escaped and returned home, where they reported 
the incident to the local police. Two of the traffickers were convicted 
and sentenced to 6 years in prison.
    On several occasions, Argentine police rescued Paraguayan women 
from Buenos Aires brothels, where they had been forced to work as 
prostitutes.
    The Ministry of Foreign Affairs organized several interministerial 
roundtables to discuss trafficking in persons, and sponsored the visit 
of the U.N. Commission on Human Rights' Special Rapporteur on the sale 
of children, child prostitution and child pornography. In October, the 
city of Asuncion sponsored a daylong conference on trafficking, 
featuring presentations by government ministries, NGOs, and 
international organizations.
    The Itaipu Binational Authority, a public utility company jointly 
owned by the country and Argentina, supported the NGO Children's and 
Adolescents' Care and Assistance Center, which ran a hotline and 
shelter for trafficking victims in Ciudad del Este. The International 
Labor Organization continued work on a study of child sexual 
exploitation in the tri-border area.

    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 provided appropriate funding. 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 
persons with disabilities, and the vast majority of the country's 
buildings, both public and private, were inaccessible.
    The Ministry of Health noted that half of all children with 
disabilities did not attend school because public buses could not 
accommodate them. Many bus drivers reportedly refused boarding to 
persons with disabilities or required them to be accompanied.
    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. The patients were 
not fed adequately, in many cases receiving only bread or crackers and 
tea. Parasitic and skin infections were widespread and rarely treated. 
Children were housed with adults in the facility and were subject to 
sexual assaults from older patients. President Duarte made several 
unannounced inspections of the hospital and replaced a series of 
hospital directors for incompetence and corruption. In March, a team 
from the Inter-American Human Rights Commission inspected the hospital. 
The First Lady took a strong interest in the hospital, overseeing 
kitchen renovations and the donation of clothing and bedding.

    Indigenous People.--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 
(numbering more than 89,000, according to 2002 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. Weak 
organization and lack of financial resources limited access by 
indigenous people to the political and economic system. The 
Constitution also protects the property interests of indigenous people, 
but these rights were 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. 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.
    In August, CODEHUPY reported that armed men forcefully evicted 43 
families of the Kelyenmagategma community from their lands in the 
Department of Presidente Hayes and that a private company seized their 
land. It further reported that the families had not found new homes and 
were living without shelter. In October, the Inter-American Court of 
Human Rights ruled that the Government should take steps to protect and 
assist the community, conduct a criminal investigation, and return the 
families to their ancestral lands. The Government provided security 
personnel to protect the community and building materials to construct 
basic shelter and met with the community to discuss a possible criminal 
investigation and the eventual return of the families to their 
ancestral lands.
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, 
and workers exercised this right in practice. The Constitution contains 
several provisions that protect fundamental worker rights, including an 
anti-discrimination 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 requested recognition eventually received it.
    The Constitution prohibits anti-union discrimination, but the law 
was not always enforced. The harassment of some union organizers and 
leaders in the private sector continued. Fired union leaders may seek 
redress in the courts, but the labor tribunals were slow to respond to 
complaints. A number of cases involving union leaders fired as many as 
9 years ago remained pending in the courts. Although the courts 
typically favored employees in disputes, backlogs in the judicial 
system delayed cases for several years. As a result, most employees 
could not afford the time and expense of seeking judicial redress. 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.
    There were also complaints that management created parallel or 
``factory'' unions to compete with independently formed unions. There 
were several cases of workers who allegedly chose not to protest due to 
fear of reprisal or anticipation of government inaction.

    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, 
covering approximately 10 percent of private sector employees and 60 
percent of public sector employees; however, the agreements typically 
did little more than reaffirm 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 Ministry of Labor 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.
    There are no export processing zones. Maquiladora factories, which 
assemble imported parts for re-export, operated 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 Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, cases of 
abuse of national service obligations (compulsory military service for 
all males, unless exempted as conscientious objectors) occurred, as 
there were reports of conscripts forced to work as construction workers 
for military officers in their privately owned businesses.

    d. Prohibition of Child Labor 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 14 and 
15 years of age may work only in family enterprises, agriculture, or 
apprenticeships. The Labor Code prohibits work by children under 14 
years of age.
    According to 2001 census data, 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. In supermarkets, boys as young as age 7 bagged 
groceries and carried them to customers' cars. They were not employees 
of the stores and received no compensation other than tips. In August, 
several such boys died in a supermarket fire. 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. In rural areas, children as young as 10 years of age often worked 
beside their parents in the field; according to Coeti, 88 percent of 
rural children in the labor force worked at home or with family 
members. Local human rights groups did not regard families harvesting 
crops together as an abuse of child labor.

    e. Acceptable Conditions of Work.--The executive, through the 
Ministry of Justice and Labor, 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 adjusted 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 has been approximately $162 
(972,000 guaranies) per month since 2002. However, the Ministry of 
Justice and Labor 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 their health or safety without jeopardy to their continued 
employment, but they may not do so until the Ministries of Justice and 
Labor and Health recognized such conditions formally. Although there 
are laws intended to protect workers who file complaints about such 
conditions, many employers reportedly took disciplinary action against 
them.
    In the wake of the August 1 fire at the Ycua Bolanos supermarket in 
Asuncion (see Section 6.d.), the national and municipal governments 
began a campaign to ensure the safety of supermarkets and shopping 
centers, in particular, requiring them to install more emergency exits 
and to ensure that they were accessible to customers and to employees.

                               __________

                                  PERU

    Peru is a multiparty republic. In 2001, Alejandro Toledo of the 
Peru Posible party won the presidency in elections that were widely 
regarded to be free and fair. Although the judiciary was widely 
perceived to be corrupt and inefficient, it is independent.
    The Peruvian National Police (PNP) and the military shared 
responsibility for internal security and were under effective civilian 
control. There were several instances of serious human rights abuses 
committed by members of the security forces.
    The country had a market-oriented economy and a population of 
approximately 27.5 million. Banking, retail services, agriculture, 
mining, manufacturing, and fishing were key economic sectors. The 
estimated real gross domestic product growth was 4.5 percent. The 
poverty rate was 54 percent, and 24 percent of the population lived 
under conditions of extreme poverty. Unemployment and underemployment 
totaled 56 percent, and the Government lacked revenues for social 
investment. Wages and benefits rose faster than inflation in Lima.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in a number of areas. 
Police on occasion tortured, beat, and otherwise abused detainees. 
Prison security forces abused inmates, 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. Pretrial detention continued to be 
prolonged, and trials frequently were subject to inordinate delays. 
Local authorities and other pressure groups, including coca growers, 
sought to influence the media through harassment and threats of legal 
action; however, the media were active and generally independent. 
Violence and discrimination against women continued. Violence against 
children and discrimination against persons with disabilities, 
indigenous people, and minorities remained problems. Trafficking in 
persons was a problem, which the Government took steps to address. 
Labor leaders asserted that some labor laws unduly restricted 
collective bargaining rights. Child labor remained a serious problem in 
the informal sector.
    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 the Government or its 
agents. There were no reports of unlawful or unwarranted killings by 
police. Two military recruits died under possibly suspicious 
circumstances during the year, compared with four such cases in 2003. 
Unlike in the previous year, there were no reports of death from 
torture.
    Police killed two protesters during the October 19 takeover of a 
hydroelectric dam in Puno by coca growers (cocaleros). Reportedly, the 
two cocaleros, Mauro Pepe Surco Palomino and Florencio Quispe Coaquira, 
were killed when they tried to seize weapons from police officers in 
charge of clearing the dam. Two police officers were also wounded in 
the clash.
    On October 7, the Sixth Court of Chincha sentenced four agents of 
the National Penitentiary System to 5 years in prison for the 2001 
killing of inmate Esteban Minan Castro.
    During the year, authorities opened a criminal case against four 
police officers accused of the 2003 torture and killing of Edgar Lopez 
Sancarranco. The case remained in the instruction phase (the first part 
of a criminal case) at year's end.
    At year's end, the Cuzco Prosecutor was investigating as a homicide 
the 2003 death in custody of Julio Alcazar Dolmos.
    There were no further developments in the 2003 cases of Leonel 
Sanchez Rivero, killed by police gunshot in July, and Freddy Campos 
Avendano, who died from a gunshot at his military barracks in 
September.
    In August, a court found three members of the security forces 
guilty of the 2002 killing of Jose Reina Rincon. They were awaiting 
sentencing at year's end.
    At year's end, there were no new developments and none was expected 
in the 2002 case of the death of a protester in San Clemente.
    At year's end, the Provincial Prosecutor of Canta was investigating 
police involved in the 2002 death of Gerardo Adrianzen Otarola on 
charges of abuse of authority and torture.
    At year's end, there were no new developments and none was expected 
in the trials of the police officers charged with manslaughter in the 
2002 deaths of Edgar Pinto Quintanilla, Fernando Talavera Soto, and 
William Santos Tuesta.
    On June 23, Peter Vasquez Chavez, a 23-year-old military recruit at 
the Cangari-Huanta Military Base in Ayacucho, was found dead. The 
military alleged that Vasquez Chavez died as a result of an attack by 
Sendero Luminoso. According to local residents, there was no such 
attack that day. The Public Ministry autopsy found that Vasquez Chavez 
died from a knife injury. A second autopsy by the army concluded that 
bullets killed Vasquez Chavez but did not mention a Sendero Luminoso 
attack. The case remained under investigation at year's end.
    On October 3, Army corporal Edgar Ledesma Lopez was found dead in 
the military barracks of Puqio in Ayacucho. Military sources alleged 
that Ledesma hanged himself by his bootlaces, but area residents 
questioned this version of events. A police investigation was pending 
at year's end.
    At year's end, there were no new developments in the 2003 case of 
the killing of Edy Quilca Cruz and the injuring of 30 other persons by 
soldiers that fired on a group of protesting students.
    Lima's Northern Cone Prosecutor was investigating the 2003 beating 
and death of Army recruit, Corporal Magno Ariza Paitan, at year's end.
    The investigations into the 2003 deaths of recruit Henry Dante 
Martinez Ayala and Corporal Jhon Lenon Olortegui Perea remained ongoing 
at year's end.
    Prosecutors appealed a 2003 acquittal in the 2000 murder case of 
Air Force recruit Jose Luis Poma Payano, and the Fifth Penal Court of 
Lima ordered a retrial of the case. There were no further developments 
by year's end.
    The Government continued to arrest members of La Colina death 
squad. Since 2001, authorities have arrested 13 members of the group. 
All former La Colina group members in custody were awaiting trial at 
year's end.
    The case involving charges of extrajudicial killing in the 1997 
rescue of 74 hostages at the Japanese ambassador's residence continued 
to progress through the judicial system. In 2002, the Supreme Court 
decided that the military court system had jurisdiction in the case of 
the commandos who carried out the attack. The Court also 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 in this case. In May, the Supreme Court of Military 
Justice officially closed the case against the commandos, concluding 
that the commandos had acted properly in the operation and that the 
MRTA terrorists killed had died in combat. At year's end, Montesinos 
(who has been convicted on other criminal charges), Hermoza, Huaman, 
and Zamudio were in custody, and the courts had completed the 
instruction phase of the case.
    At year's end, a private group was conducting forensic research on 
the remains of the victims of the 1986 massacre of inmates at El 
Fronton jail. In November, the Prosecutor's Office filed charges 
against 11 marines allegedly responsible for carrying out the massacre, 
and the case was pending in the courts at year's end. Some human rights 
groups complained that the accusations in this case should have been 
directed at higher authorities, including then President Alan Garcia 
and his Minister of the Interior, so as to determine who ordered the 
killings.
    In December 2002, the Truth and Reconciliation Commission (TRC) 
issued its first official report of a 1980 massacre where soldiers 
allegedly tortured and killed eight peasants in Chuschi, near Ayacucho. 
In April 2003, a criminal judge in Cangallo opened a trial against two 
army officers and five police officers for this crime. The Ministry of 
Defense also opened a trial in military court against the same 
officers. Whether military or civilian courts had jurisdiction in the 
case remained unresolved at year's end.
    The terrorist group Sendero Luminoso continued to kill civilians as 
well as military and police officials. There were 120 terrorist 
incidents from January to December, the vast majority of which occurred 
in Junin, Huanuco, and Ayacucho, rural areas that historically suffered 
from Sendero Luminoso's violence. On June 4, Sendero terrorists killed 
two policemen and one navy non-commissioned officer in Aguaytia, 
Ucayali.
    On February 14, a reporter was killed, allegedly at the orders of a 
local mayor in Yungay (see Section 2.a.). In April, protesters lynched 
the mayor of Ilave, whom they accused of corruption (see Section 2.b.).

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In April 2003, PNP Commander Juan Carlos Mejia Leon and PNP 
officers Antonio Lopez Trujillo, Atanulfo Zamora Garcia, and Victor 
Eduardo Marquino Alvarado were charged with the kidnapping of a student 
who disappeared after being detained by the PNP in 1990 as a suspected 
terrorist. During the year, four members of the security forces were 
charged with the 1990 kidnapping and disappearance of Ernesto Rafael 
Castillo Paez. They were awaiting trial at year's end.
    The trial of 11 policemen for the 2003 disappearance of Andy 
Williams Garces was ongoing at year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the law prohibit such practices; 
however, there were reports of torture of detainees and the excessive 
use of force against protesters. Abuse of military recruits remained a 
problem. The authorities who allegedly committed abuses were seldom 
held responsible.
    Torture often occurred immediately following arrest, when families 
were prohibited from visiting suspects being held incommunicado and 
when attorneys had only limited access (see Section 1.d.).
    In some cases, 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 (AI) and the Human Rights Commission (COMISEDH), some 
victims were reluctant to pursue judicial proceedings against their 
abusers, fearing that the abusers would be released without being 
charged. COMISEDH reported 22 cases of aggravated torture by security 
forces, compared with 10 in 2003.
    On January 22, John Robert Osorio Morales went to the police 
station in Montserrate with a friend to try to resolve a dispute 
between them. At the station, police officers allegedly detained and 
beat Osorio, handcuffing him to a pole for more than an hour. COMISEDH 
filed charges of torture against the police officers involved, and the 
case was under preliminary investigation at year's end.
    On August 28, police in Lima detained two brothers, Pablo Fabio and 
Miguel Sanchez Conde, who were suspected of planning to rob a local 
restaurant. After their detention, police beat the two suspects, abuse 
that was confirmed by a medical exam. The police involved in the case 
were under judicial investigation for torture at year's end.
    On September 13, the Prosecutor lodged charges of torture against 
the prison guards in the 2003 beating case of inmate Wilder Escobedo 
Contreras. The case was in the judicial instruction phase at year's 
end.
    During the year, there were the following developments in cases 
from 2003 of alleged abuse: John Paolo Alvino Ricalde and his family 
withdrew their complaint of his beating by police, COMISEDH alleged 
that the family did so out of fear of police retribution. A prosecutor 
dismissed the charges against prison guards for lack of evidence in the 
alleged abuse of inmate Richard Coronado Calderon. A prosecutor charged 
Piura police officers with the torture of six members of community 
self-defense groups in 2003; at year's end, the case was in the 
instruction phase, and the six community self defense members also were 
accused of abuses and remained in detention at year's end.
    In September 2003, in Challapalca Prison in Tacna, several guards 
allegedly took a prisoner from his cell and beat and tortured him for 2 
days. He was held in the prison's hospital clinic for 8 days before 
being returned to his cell. The case remained under investigation at 
year's end.
    The 2003 case of the alleged torture by prison guards of Miguel 
Angel Vela del Aguila remained under judicial investigation at year's 
end.
    The 2002 case of alleged torture by police officers of Renzo Vega 
Hidalgo was in the instruction phase in the Second Court of Lima at 
year's end.
    The police involved in the 2002 beating of Jair Martin Rodriguez 
and his brother were accused of torture, and the case was awaiting 
issuance of formal charges by the prosecutor at year's end.
    The trial of six prison guards in the 2002 beating of inmate 
Alfonso Valle Oquendo was ongoing at year's end.
    Nongovernmental organizations (NGOs) and the Human Rights Ombudsman 
continued to receive complaints that military officers beat or 
otherwise abused some lower-ranking soldiers. There were two reported 
incidents in which military recruits died under suspicious 
circumstances (see Section 1.a.).
    Soldier Freddy Cardenas Maucaylle dropped charges against a 
superior officer for an alleged 2002 beating in Andahuaylas. There were 
reports that Maucaylle was paid to drop the case.
    The criminal court trial of the three military officers who 
allegedly drugged and sexually assaulted a soldier in the barracks in 
Ayacucho in 2002 was ongoing at year's end. The officers were charged 
with torture and obstruction of justice.
    In March, a court issued a 4-year suspended sentence to Raul Ochoa 
Ravello for aggravated torture in the 2002 assault of a soldier and 
ordered payment of approximately $1,200 (4,152 soles) in damages to the 
victim. Ochoa appealed the decision to the Supreme Court, where it 
remained at year's end.
    Citizens at times took the law into their own hands, meting out 
severe physical punishment to persons suspected of committing offenses 
such as robbery, burglary, rape, and child molestation. According to 
police statistics, during the year, there were almost 2,000 such 
incidents, resulting in 19 deaths. The majority occurred in the 
countryside, although Lima registered an increase (to 695) of cases 
where mobs seized and punished suspected thieves. Local experts 
explained that lack of police presence and lack of faith in the justice 
system had led to outbreaks of violence against suspected criminals. 
Persons seized were beaten, tied to lampposts, and sometimes sprayed 
with gasoline and set afire.
    Prison conditions varied greatly. For prisoners without funds, 
conditions were poor to extremely harsh in all facilities. Prisoners 
with funds had access to a range of amenities. For example, they could 
dine in restaurants within the prisons or could even receive meals sent 
to them from the outside. Overcrowding, lack of sanitation, and poor 
nutrition and health care were serious problems. Inadequate training of 
security forces and lack of control within the prison system also were 
serious problems. 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. For regular inmates, prison authorities 
budgeted only approximately $0.70 (2.4 soles) per prisoner per day for 
food. 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.
    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.
    Conditions were particularly harsh in maximum-security facilities 
located at high altitudes. Human rights monitors, including AI, 
asserted that the Challapalca Prison in Tarata, Tacna, seriously 
violated international norms and standards, particularly as a result of 
its isolation and 14,000-foot altitude. According to the Ombudsman' 
Office, the Government has progressively closed the Challapalca Prison, 
and, at year's end, it held only 4 inmates, compared with 200 inmates 
in 2000.
    Although there were no reports of security forces killing inmates, 
prison guards and fellow inmates reportedly routinely victimized and 
abused prisoners. Corruption was a serious problem among poorly paid 
prison guards, some of whom reportedly engaged in sexual abuse, 
blackmail, extortion, narcotics trafficking, and the acceptance of 
bribes in exchange for favors.
    Detainees were held temporarily in pretrial detention centers 
located at police stations, judiciary buildings, and, in large cities, 
at the Public Ministry. Detainees are to spend a maximum of 24 hours in 
these areas after which time they are to be released or formally 
charged. Persons detained for espionage, drug trafficking, and 
terrorism may be held for a longer period, up to 15 days. During their 
time in detention, detainees are to have access to food, water, fresh 
air, and communications with family and counsel. The Public Ministry 
oversees the detention centers, whose conditions are also monitored by 
the Ombudsman's Office.
    In practice, the above norms often were not fully realized. Persons 
detained in remote areas were sometimes held for longer periods due to 
difficulties in getting access to counsel and formulating charges. Some 
remote, rural police stations also lacked basic facilities. In general, 
oversight of pretrial detention centers was more effective in the 
cities than in rural areas.
    Male and female prisoners were held separately. In high security 
prisons, female inmates were allowed to see their children once a week. 
For regular prisoners, conjugal visits were permitted for men and 
women. In women's prisons, children 5 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. Pretrial detainees were held together with convicted prisoners 
in most cases.
    The Government permitted prison visits by independent human rights 
observers, including the ICRC. The ICRC made 125 unannounced visits to 
inmates in 59 different prisons, detention centers, and juvenile 
detention facilities during the year.

    d. Arbitrary Arrest or Detention.--The Constitution, Criminal Code, 
and anti-terrorist statutes prohibit arbitrary arrest and detention, 
although the Organic Law of the PNP permits police to detain a person 
for any investigative purpose. The Constitution requires a written 
judicial warrant for an arrest unless the perpetrator of a crime is 
caught in the act. Only judges may authorize detentions, including in 
corruption cases. Authorities are required to arraign arrested persons 
within 24 hours. 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.
    The PNP, with a force of 92,000, was responsible for all areas of 
law enforcement in the country. It functioned under the authority of 
the Minister of the Interior, a cabinet-level position. The PNP's 
personnel structure follows that of the military, with an officer corps 
and enlisted personnel. The organizational structure is a mixture of 
directorates that specialize in specific areas (such as kidnapping, 
counter-narcotics, and terrorism) and local police units. Each 
department, province, city, and town has a PNP presence.
    The PNP was considered undermanned, had problems with 
professionalism, and was often ineffective against common criminal 
activity, and unable at times to meet its mandated responsibilities, 
such as witness protection. Corruption and impunity were problems.
    The Interior Ministry and the PNP attempted to address these 
weaknesses. In August 2003, the PNP formed the Green Squad, a special 
unit to fight street crime in response to citizen complaints when local 
police proved ineffective. The Green Squad was particularly effective 
in raiding clandestine brothels that were often engaged in trafficking 
in persons as well as other crimes (see Section 5, Trafficking).
    The PNP also worked with a local human rights NGO, the Peruvian 
Institute for Education in Human Rights and Peace, which trained 531 
officers in human rights in 5 regions of the country.
    The law requires police to report to the Public Ministry within 24 
hours whenever a suspect is arrested while committing a criminal act. 
The Public Ministry, in turn, must issue a report assessing the 
legality of the police actions.
    The law allows the authorities to detain suspects in investigations 
for corruption for up to 15 days without arraignment and permits 
authorities to prohibit such suspects from traveling abroad. Police may 
detain terrorist suspects for a maximum of 15 days and hold them 
incommunicado for the first 10 days.
    The law provides the right to prompt judicial determination. On 
average, 20 hours elapse between the time that a person is detained and 
the person's appearance before a judge. Judges then have 2 hours to 
decide whether to release or continue to detain the suspect.
    There was a functioning bail system; however, economic limitations 
prevented many defendants from posting the required payments.
    Criminal detainees are allowed prompt access to a lawyer and to 
family members.
    In August, the Justice Ministry launched a program, Free Legal 
Assistance, to establish offices across the country where indigent 
persons could access attorneys' advice at no cost. The first two of 
nine such offices were opened in San Juan de Miraflores and Los Olivos, 
with a public defender lawyer and a mediator available for 
consultations. Along with the legal defense offices, the Ministry set 
up a toll-free legal defense hotline, which started operation in 
October.
    Lengthy detention before trial and sentencing was a problem. 
According to a study prepared by the Technical Secretary of the Special 
Commission for Integral Reform of the Justice System (CERIAJUS), of 
29,581 person held in prison, only 30.8 percent actually had been 
sentenced, while 69.2 percent were cases still being tried. If 
prisoners are held more than 18 months (or 36 months in more complex 
cases) without being sentenced, they are released.
    During the year, judges in charge of processing criminal cases 
implemented standards promulgated in 2003 by the Executive Council of 
the Judiciary to streamline case handling procedures and accelerate 
trial processing. As part of the reform process, the Superior Court of 
Lima completed an inventory of cases in its 14 districts and 6 criminal 
courts with pretrial detainees, which identified various bottlenecks in 
the processing of pending cases. For example, it took almost 2 years on 
average for a case to move from initiation to sentencing. The longest 
delay came in the period of preparation for oral hearings, which often 
lasted 3 months. The Superior Court of Lima used the results of the 
case inventory to design a plan to reduce delays in the processing of 
oral cases and began to implement a backlog reduction program.
    In July, a new Criminal Procedures Code was approved, which will 
take effect gradually, entering into full application in February 2006. 
The Code establishes an accusatory system for criminal cases that 
divides the processing of such cases into three phases: The preparatory 
investigation, the hearings phase, and sentencing. Under the new 
system, judges, prosecutors, and police will assume added duties, which 
will require extensive training.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The three-tier court structure consists of lower and superior 
courts, and a Supreme Court of 30 judges. A Constitutional Tribunal of 
seven members operates independently of the Judicial Branch. The 
independent National Judicial Council (CNM) appointed, disciplined, and 
evaluated all judges and prosecutors who have served in their position 
for 7 years or more. Failure to be certified by the CNM disqualified a 
judge or prosecutor from working in that capacity again. Several of the 
more than 100 judicial officials failing to gain certification filed 
complaints with the Inter-American Commission on Human Rights (IACHR) 
that this certification process was unfair. In September, the Ministry 
of Justice created a high-level commission to find a solution to the 
problem of judicial officials who were not qualified to be presented to 
the IACHR, and its work continued at year's end.
    Judicial reform continued to be a priority of the Government, but 
implementation was irregular. CERIAJUS members include the President of 
the Supreme Court of Justice, the Attorney General, the president of 
the National Judicial Council, a representative of the Constitutional 
Tribunal, the president of the Judicial Academy, the Minister of 
Justice, the Ombudsman, two representatives of the Justice and Human 
Rights Commission of Congress, and five representatives of civil 
institutions participating in the National Accord.
    In April, CERIAJUS presented its national plan to reform the 
justice system, and, by year's end, the Judicial Branch had set up two 
follow-up commissions to focus on two specific issues recommended by 
CERAIJUS: Legislation providing a career system for judges and 
prosecutors and a system to organize and publicize jurisprudence. On 
December 28, the commission charged with drafting legislation dealing 
with judges and prosecutors' careers presented its plan to the Plenary 
of the Supreme Court of Justice. The second commission recommended the 
inclusion in the judicial website of the rulings of the Supreme Court 
of Justice. As a result, 1,000 decisions were posted in the judiciary 
web site, and the judiciary continued scanning 9,000 more Supreme Court 
decisions for posting on its website.
    In September, the Executive Branch created a Special Commission 
consisting of six jurists to oversee the implementation of the national 
plan for justice sector reform.
    Since its reestablishment in 2000, the CNM has carried out eight 
selection processes for judges and prosecutors, including the naming of 
four justices to the Supreme Court. Reform efforts reduced the 
percentages of provisional justices and prosecutors from 84 percent of 
judges and 73 percent of prosecutors in 2001 to 27 percent and 35 
percent, respectively.
    The justice system is 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 a trial before a three-judge panel. Anyone convicted and 
sentenced by a first instance judge may appeal to the Superior Court 
and then to the Supreme Court. All defendants have the right to be 
present at their trial. Defendants also have 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 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.
    On August 24, the Constitutional Tribunal ruled, in a case brought 
by the Ombudsman, that the military-political commands created to 
maintain order during states of national emergency were not 
constitutional. The Tribunal held that the commands would be only 
military commands and not structures that displaced those of 
legitimately constituted local authorities. The Constitutional Tribunal 
also ruled that cases involving human rights violations committed by 
military or police forces had to be judged in civilian courts as common 
crimes and could not be regarded as strictly military matters subject 
to military justice.
    On December 2, the Inter-American Court of Human Rights ruled that 
the 2001 civilian court trial conviction of U.S. citizen Lori Berenson 
on charges of collaboration with the Tupac Amaru Revolutionary Movement 
(MRTA) terrorist group was fair.
    Before the Inter-American Court of Human Rights could rule in the 
cases of Maria Teresa de la Cruz and Wilson Garcia Asto, the 
Government, through the Anti-Terrorist Court, initiated a study of both 
cases that led to their release in August.
    During the year, in accordance with the decisions of both the 
Inter-American Court of Human Rights and the Constitutional Tribunal, 
the Special Terrorism Court continued to re-try defendants previously 
convicted by military tribunals. The Terrorism Court handed down 250 
sentences. Another 307 cases remained to be decided. The Terrorism 
Court convicted 65 percent of those accused. It absolved 600 persons as 
a result of sentences completed, time off granted for cooperation, and 
lack of substance to the charges against them. At year's end, there 
were 1,400 people in prison sentenced for having committed acts of 
terrorism. The trial of Sendero Luminoso leader Abimael Guzman in 
civilian court was ongoing at year's end.
    As a follow-up to the recommendations put forward by the Truth and 
Reconciliation Commission (TRC), the NGO Institute for Legal Defense 
(IDL), in cooperation with the Special Terrorism Court, completed a 
study in September of the official list of those wanted for terrorism 
and found that there remained a backlog of 51,684 summons or orders for 
capture against 12,582 suspects allegedly involved in terrorism.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice; however, 
there were reports that the authorities did not always obtain warrants 
before entering private dwellings.
    There were reports that some young men from poor, rural areas, who 
were unaware that military service was no longer mandatory, were taken 
into military service when they went to register. Also, in some rural 
areas, families reported to human rights NGOs that their sons were 
taken into the military before they turned 18, which the military 
explained 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 terrorist 
organization, most of whose surviving members were in prison. A second 
terrorist organization, Sendero Luminoso, continued to coerce 
indigenous persons to join its ranks (see Section 5).
    Cases claiming monetary compensation, as recommended by the IACHR, 
for women sterilized under a Fujimori-era program, remained under 
consideration at year's end.
Section 2. Respect for Civil Liberties, including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom; however, there were multiple reports of press harassment by 
provincial authorities or from private groups or organizations such as 
protesting coca growers (cocaleros). Harassment took the form of 
attacks on journalists, illegal arrests, or threats of judicial action. 
Two reporters, Alberto Rivera and Antonio de la Torre, were killed; 
local officials were suspects in both slayings.
    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 provincial newspapers, television, and radio stations. All 
were privately owned except for one government-owned daily newspaper, 
one government-owned television network, and one government-owned radio 
station.
    On July 15, the Government approved a new Radio and Television Law, 
which went into effect in November. Although the law was aimed at more 
impartial media regulation, critics said that it gave excessive 
regulatory power to the Transportation and Communications Ministry and 
that it did not address adequately the problem of payoffs to 
journalists and media moguls, the problems that motivated the law in 
the first place. Regulations for the law were not published by year's 
end.
    Journalists and media outlets reportedly were intimidated during 
the year. According to the National Journalists Association, 2 
reporters were killed and 121 cases of harassment were reported (mainly 
in the provinces), which was approximately 3 times the number of 
harassment incidents reported in 2003. The Press and Society Institute 
issued 72 alerts on these cases. The majority of these incidents took 
the form of verbal or physical violence, threats, judicial pressure, 
restrictions on freedom of information, and charges of slander from 
local politicians, civilians, police, military officials, or unknown 
persons. They reflected the general lack of effective state presence in 
many parts of the countryside.
    On February 26, Huanuco regional president Luzmila Templo, filed 
suit against the managing editor of the country's most important daily, 
El Comercio, for reporting on Templo's links with cocalero leaders.
    In March, the Specialized Anti-Corruption Criminal Provincial 
Prosecutor accused opposition daily La Razon of attacks against public 
peace and calm, conspiracy, and assaults on the constitutional order 
for its February 4 front-page article on an alleged audiotape of a 2000 
meeting between President Toledo and Valdimiro Montesinos. Members of 
the Government cited this incident to support their allegations that 
Montesinos continued to influence some elements of the media. 
Montesinos had been photographed on February 3 making notes at his 
trial that suggested the theme of the audiotape that became the subject 
of La Razon's story the following day. President Toledo stated that La 
Razon's report was false. Eight of the newspaper's journalists resigned 
in protest of Montesinos' alleged continuing influence over La Razon. 
An investigation by the Attorney General's office was pending at year's 
end.
    On April 20, Rocio Vasquez, a Chimbote reporter, claimed that she 
had received a death threat for denouncing a fishing industry magnate, 
who denied the charges. Later, Vazquez resigned from her job at the 
Chimbote daily Ultimas Noticias, stating that the paper had blocked her 
investigations regarding the same individual.
    On May 6, Alejandro Miro Quesada Garland, publisher of El Comercio; 
his son, Alejandro Miro Quesada Cisneros, the managing editor; Fernando 
Ampuero, the director of El Comercio's investigative unit; and Miguel 
Ramirez, a member of the investigative unit, denounced a $100 million 
(346 million soles) lawsuit filed against them by alleged narcotics 
trafficker Fernando Zevallos.
    On February 14, David Moises Julca, the fiance of local mayor Amaro 
Leon's daughter, killed Antonio de la Torre, a reporter with Yungay's 
Orbita radio station who had been investigating local political 
corruption. Leon was accused of paying Moises Julca to kill de la Torre 
and, on March 18, was arrested in connection with the killing. At 
year's end, police had not yet located Julca.
    On March 23, a group of unknown persons entered the studio of the 
Lider radio station and stole the station's broadcasting equipment. The 
station had accused Ilo mayor Jorge Mendoza of corruption, nepotism, 
and destruction of the environment. Mendoza sued the station for 
slander. As a result of the theft, Lider was off the air for 1 week.
    On March 25, the brothers Mendel and Samuel Winter, two former 
minority shareholders of TV Channel 2, were sentenced to 5 years in 
prison for having accepted bribes from Vladimiro Montesinos. They were 
set free soon afterward because they had cooperated with prosecutors 
and had completed two-thirds of their sentence. On June 26, a court 
ordered Channel 2 to return $3.74 million (12.94 million soles) that 
Vladimiro Montesinos had given to Samuel and Mendel Winter to increase 
the station's capital. Montesinos himself was convicted, fined, and 
sentenced to a 15-year prison term for various abuses of office (see 
Section 3).
    On April 21, Alberto Rivera, the anchorman of Pucallpa's 
``Frecuencia Oriental'' radio station, was killed by two unknown 
persons. An investigation continued at year's end.
    On May 31, Huaraz reporters Edgar Palma and Javier Pomaillo 
publicly denounced alleged telephone death threats they had received 
from persons who said they belonged to the municipality of Huaraz and 
to the Ancash regional president's office. The two reporters had been 
investigating corruption complaints against officials working in both 
offices.
    On June 28, Ayacucho reporter Jose Atauje received death threats 
from persons who said they belonged to the Central Regional Committee 
of Ayacucho, after the reporter had disseminated an interview with 
Shining Path leaders.
    On May 20, customs officials prevented British reporter Sally Bowen 
from leaving the country because of an arrest order originating from 
the defamation suit filed by accused narcotrafficker Fernando Zevallos. 
Zevallos also filed a claim against the U.S. reporter Jane Holligan, 
seeking $10 million (34.6 million soles). Holligan and Bowen had 
collaborated on a book, ``The Imperfect Spy,'' in which they cited 
accusations of drug trafficking by Zevallos.
    On January 30, a court declared reporter Juan de Mata Jara innocent 
of charges of terrorism that had been brought against him under the 
Fujimori regime, and he was released the next day.
    In January, Congressman Jorge Mufarech sued Pedro Salinas, a daily 
Correo columnist, for $1 million (3.46 million soles) for defamation, 
for articles Salinas had published in 2002 and 2003. Salinas claimed 
this action sought to silence his criticism of Mufarech and the 
Government.
    There were no government restrictions on the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the authorities 
generally respected these rights in practice.
    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. The police used tear gas and occasional force to disperse 
protesters in various demonstrations during the year.
    Although most demonstrations were peaceful during the year, 
protests in some areas turned violent. In April, protesters lynched the 
mayor in Ilave, whom they accused of corruption. The deputy mayor and 
four other persons were arrested and charged with the killing. In 
October, police used force to clear a group of cocaleros from a 
hydroelectric dam in San Gaban in Puno Province. Two protesters were 
killed when they reportedly tried to seize PNP officers' weapons (see 
Section 1.a.). Two police officers were also wounded in the clash. In 
August, the Ombudsman's office issued a report that noted the 
prevalence of rural unrest (see Section 4).
    On September 13, a crowd of 500 protesting students at the National 
Engineering University tossed rocks and sticks at police officers, 
briefly seized 3 officers, beat them, and took away their helmets and 
parts of their uniforms. Some students also tried to crash a university 
truck into a police wagon. Police responded with tear gas and cleared 
many university buildings of demonstrators.

    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 Government. The Constitution establishes the separation of 
church and state but 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 extra benefits from the Government in education, taxation of 
personal income and institutional property, and remuneration. 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. Missionaries 
could enter the country and proselytize.
    In 2003, the Ministry of Justice established an Office of 
Ecclesiastical Affairs to be a link between the Ministry and the 
religious hierarchies of all faiths. Churches were asked to register 
voluntarily with the Ministry to receive tax benefits and exemption 
from import duties on religious materials.
    The Ministry of Education required Catholic religion courses in all 
primary schools, public and private. Parents could request an exemption 
by writing to the school principal.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights 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.
    Sendero Luminoso occasionally interrupted the free movement of 
persons by setting up roadblocks in sections of the Upper Huallaga, 
Apurimac, and Ene River valleys.
    The Constitution prohibits forced exile, and the Government did not 
use it.
    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.''
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared prosecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
U.N. High Commissioner for Refugees in granting refugee status and 
recognized the Catholic Migration Commission (CMC) as the official 
provider of technical assistance to refugees. The CMC also advised 
citizens who feared persecution and sought asylum abroad. The 
Government provided protection to political refugees on a renewable, 
year-to-year basis.
    At year's end, the CMC reported that 462 persons had requested 
asylum or refugee status since 2000, the majority of them originally 
from Colombia. The CMC had granted resident status to 116 of the 462 
and rejected 12. At year's end, there were 902 refugees in the country.
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 in practice 
through periodic, free, and fair elections held on the basis of 
mandatory voting and universal suffrage (except for members of the 
armed forces and the police).
    In 2000, President Valentin Paniagua took power and led a 
transition government after then President Alberto Fujimori resigned 
and was dismissed from office. In July 2001, President Alejandro Toledo 
assumed the presidency following a peaceful transfer of power through 
free and fair national elections held in April and June 2001. The two 
principal parties represented in the 120-member Congress were Peru 
Posible (37 seats) and APRA (28 seats).
    Registration of a new political party requires the signature of 1 
percent of the voters who participated in the past election. The 
presidential term is (5 years), and the Constitution prohibits the 
immediate reelection of a president. Groups that advocate the violent 
overthrow of the Government are barred from participating in the 
political process.
    Corruption was a major problem, which the Government took steps to 
address. On January 3, the Labor Minister resigned after the 
Comptroller General presented a report that supported allegations of 
nepotism and influence peddling against him. During the year, the Anti-
Corruption Courts handed down 14 final decisions. Two sentences, one of 
9 years and 8 months in prison and the other for 15 years in prison, 
were entered against former President Fujimori's advisor, Vladimiro 
Montesinos, for various abuses of office. The Anti-Corruption courts 
continued to work on 143 cases that involved 1,453 defendants, only 7 
percent of whom have arrest warrants. Since the creation of these 
courts, the Government has recovered more than $174 million (602 
million soles) misappropriated during the Fujimori era. At year's end, 
an additional $82 million (283.7 million soles) was in the process of 
being recovered. The Judicial Branch extended the powers of the Anti 
Corruption Courts to take on new corruption cases, not just from the 
Fujimori era.
    Pursuant to the Transparency and Access to Public Information Law, 
most Ministries and central offices provided key information on their 
web pages, and, in some offices, information requests were expedited. 
However, implementation of the law was incomplete, particularly in 
rural areas. In addition, there was a widespread lack of awareness of 
the law, and relatively few citizens understood and exercised their 
right to information. The Ombudsman's office made efforts to promote 
citizen awareness of transparency rights and to encourage regional 
governments to adopt transparency practices. In July, the Ombudsman's 
office issued its annual report that ranked regional governments in 
terms of transparency, citizen access to information, clear financial 
accounting, and ability to work with different social actors.
    Women and some minorities participated actively in government and 
politics. There were 22 women in the 120-member Congress and 3 female 
regional presidents. Almost 3 percent of the mayors and 25 percent of 
the city council officers elected at the local level were women. There 
were two women in the Cabinet, the Attorney General was a woman, and 
there was one woman on the Supreme Court. The Law on Political Parties 
mandates that at least 30 percent of the candidate lists for electoral 
offices at all levels be women.
    Traditionally, an elite minority of persons of European descent 
held most leadership positions in government. President Toledo was the 
country's first elected president of mixed Caucasian and indigenous 
ancestry. It was rare for indigenous persons, who make up more than 
one-third of the population, to hold high public office. Congress had 
one self-declared indigenous member. Three congressmen represented the 
Afro-Peruvian minority, estimated to be 3 to 5 percent of the total 
population, but there were no Afro-Peruvian Ministers.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Numerous domestic and international human rights groups generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials generally 
were cooperative and responsive to their views.
    According to COMISEDH, military commanders did not grant access to 
military facilities to human rights observers. To obtain information 
about activities in those areas, NGOs had to work through the 
Ombudsman's office.
    The Government took some steps to implement recommendations in the 
August 2003 report of the Truth and Reconciliation Commission (TRC), 
which had stated that approximately 69,000 persons died during the 
armed conflict of 1980-2000. The TRC report concluded that the Sendero 
Luminoso terrorist group, motivated by a ``genocidal ideology,'' 
carried out most of the political killings. During the year, the 
Government filed charges in 47 cases involving 150 persons whom the TRC 
identified as possible human rights violators, but most cases remained 
under prosecutorial investigation; only 16 persons have been formally 
charged. The Government also followed up on a TRC recommendation to 
create a multi-sectoral commission to oversee the implementation of 
proposals put forward by the TRC. In August, the Constitutional 
Tribunal ruled that military authorities could not assume political 
functions during states of emergency and that human rights crimes 
committed by the military must be tried in civilian and not military 
courts.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal rights for all citizens and 
specifically prohibits discrimination based on ethnic origin, race, 
gender, language, opinion, or economic condition. However, 
discrimination against women, persons with disabilities, indigenous 
people, and racial and ethnic minorities persisted, although there was 
progress 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. Abuses were aggravated by insensitivity on the part of law 
enforcement and judicial authorities toward female victims.
    The law prohibits domestic violence, and penalties range from 1 
month to 6 years in prison. 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. The 
law requires police investigation of domestic violence to take place 
within 5 days and obliges authorities to extend protection to women and 
children who are victims of domestic violence.
    During the first 5 months of the year, the Ministry of Women and 
Social Development (MIMDES) centers reported 13,191 cases of domestic 
violence. From 2002 until August, the centers assisted 78,163 victims 
(including men as well as women). The monthly average of reported abuse 
cases was approximately 2,500. Women constituted 88 percent of the 
victims.
    The war against terror waged by the Government from 1980-2000 
sharply increased the population in rural areas of war orphans and 
female rape victims, who often were stigmatized and marginalized in 
traditional regions such as Ayacucho.
    The MIMDES and NGOs stated that many domestic abuse cases never 
were reported. 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.
    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. At year's end, MIMDES operated 
39 centers, which brought together representatives of various 
government institutions--police, prosecutors, counselors, and public 
welfare agents--charged with helping victims of domestic violence.
    During the year, MIMDES continued a public education campaign to 
sensitize government employees and the citizenry to domestic violence. 
With NGO assistance, MIMDES trained police about gender issues, human 
rights, and domestic violence and instructed officers on processing 
domestic violence cases. MIMDES worked closely with the Women's Office 
of the Police Ombudsman. Nonetheless, the national Ombudsman's office 
continued to complain that officers reacted indifferently to charges of 
domestic violence, although the law requires all police stations to 
receive such complaints.
    During the year, new laws increased the penalties for rape and for 
pimps and for clients of underage prostitutes. Rape is now punishable 
by a sentence of 4 to 8 years in prison. If the victim is between 14 
and 18 years of age, or if the perpetrator uses a weapon or abuses his 
or authority to commit the crime, punishments range from 8 to 15 years 
in prison. If the victim is less than 14 years of age, punishments 
range from 20 years to life in prison. The new laws also more closely 
define trafficking in persons, criminalize Internet child pornography 
and sexual tourism involving children, and provide punishments for 
those who derive financial benefit from these activities. Penalties for 
pimps and clients of underage prostitutes range from 4 to 8 years in 
prison.
    There were no current official statistics available on rape. 
Women's organizations noted that alcohol abuse and traditional 
attitudes subordinating women, particularly in rural areas, aggravated 
the problem of rape and sexual abuse.
    Prostitution is legal for women over 18 years of age if they were 
registered with municipal authorities and carried a sanitary 
certification.
    Sexual harassment was a problem. A 2003 law defined sexual 
harassment as a labor rights violation subject to administrative 
punishment. Punishments differ depending on the professional situation 
where the violation took place, such as in education or the private 
sector, domestic service, the armed forces, and the police.
    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. The law 
prohibits the arbitrary dismissal 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.
    Women's rights groups, such as Flora Tristan and Manuela Ramos, 
studied discrimination against women and suggested ways to address this 
problem, which often involved education and efforts to change 
traditional attitudes. During the year, Flora Tristan prepared a study, 
not yet published, on human trafficking in eight of the country's urban 
areas.

    Children.--The Government was committed to children's rights and 
welfare.
    The Government provided 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 often were prohibitive for 
poor families. Largely because of widespread poverty, approximately 
one-third of all school-age children and adolescents worked during 
daytime hours rather than attended school. Children living in poverty 
averaged only 7.8 years of education, compared with 9.4 years for 
children living above the poverty line. Approximately 6 percent of 
children age 6 to 12 and 17 percent of adolescents age 12 to 17 either 
never attended school or abandoned their education. School 
nonattendance was highest in rural and jungle areas: In Lima, more than 
90 percent of children were enrolled in primary school and more than 80 
percent in secondary school, but, in some remote areas of the country, 
fewer than 60 percent of children attended school. Approximately 50 
percent of the students who went to primary school completed high 
school.
    Boys and girls had equal access to education. Pregnant school-age 
girls had the right to begin or continue attending school.
    Working adolescents, particularly those who worked as childcare 
providers and female domestics, could attend classes at night schools 
operated by the Ministry of Education; however, attendance often 
obliged young people to go out at night in areas of Lima and other 
major cities that could be unsafe. During the year, the Ministry of 
Education initiated a tutorial program in the daytime schools, whereby 
teachers made themselves available to give extra help to working 
students and keep those students in regular school programs.
    A 2003 National Statistical Institute survey estimated that nearly 
60 percent of the country's 10 million children less than 18 years of 
age lived in poverty, approximately 20 percent of them in extreme 
poverty. Approximately 25 percent of children under age 5 were 
malnourished. The infant mortality rate was 33 per 1,000 in the year 
2000 and 34 for 2002. The Government's Integral Health Security program 
offered poor mothers and infants as well as school-age children access 
to health care. The program includes children not attending school. 
Boys and girls had equal access to health services under this system.
    Violence against children and the sexual abuse of children were 
serious problems. Based on information from its women's emergency 
centers, MIMDES reported that, during the year, there were 769 cases of 
violence or sexual abuse of children 5 years of age and under; 1,879 
cases for children ages 6 to 11; and 2,721 cases for children ages 12-
17.
    According to NGOs, many abuse cases never were reported to the 
authorities, since many persons believed that such problems belonged 
within the family and should be resolved privately. The Women's 
Emergency Program worked to address the problems facing children who 
were victims of violence.
    The Children's Bureau of MIMDES coordinated child- and adolescent-
related government policies and programs. At the grassroots level, 
1,312 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 46 percent of these 
offices, while schools, churches, and NGOs ran the remaining 54 
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.
    Trafficking of children was a problem (see Section 5, Trafficking).
    Child labor was a serious problem (see Section 6.d.).

    Trafficking in Persons.--Trafficking statutes, which were updated 
during the year, prohibit trafficking in persons and provide 
punishments for those who move a person, either within the country or 
to an area outside the country, for the purposes of sexual exploitation 
(including prostitution, sexual slavery, or pornography) from 5 to 10 
years' imprisonment. If the trafficking victim is under 18 years of 
age, the punishment is 10 to 15 years' imprisonment. Laws prohibiting 
kidnapping, sexual abuse of minors, and illegal employment were 
enforced and also could be used to punish traffickers in persons.
    In May, Congress enacted legislation that significantly increased 
penalties for the sexual abuse of minors. In particular, the new 
statute levied punishments (4 to 8 years' imprisonment) against those 
who were pimps or clients for prostitutes under the age of 18. The law 
also punishes those who would profit from such activities and made 
Internet child pornography illegal. The effect of the new laws was felt 
almost immediately, as the Minister of Agriculture was forced to resign 
for having been partial owner of a hotel allegedly used by underage 
prostitutes.
    The Ministry of the Interior and the PNP have taken the lead on 
attacking domestic trafficking. The Foreign Ministry and Immigration 
authorities are responsible for cases of international trafficking.
    Although there were no authoritative estimates of its extent, there 
were isolated reports that persons were trafficked from the country, 
and trafficking within the country occurred. In March, the Government 
formed a permanent, ministerial-level Multi-Sectoral Committee (MSC) to 
work on the issue of trafficking in persons. The Committee is chaired 
by the Ministry of the Interior and includes representatives from 10 
government ministries and agencies, 3 international organizations, and 
5 national NGOs.
    Under the MSC's leadership, the Government took a number of actions 
against traffickers. PNP officers repeatedly raided clandestine 
brothels, including in La Rinconada, a distant mining town in the Andes 
that is a notorious center of underage prostitution. The raids rescued 
a number of young women who were returned to their families. At year's 
end, one international trafficker had been arrested and awaited trial. 
Other domestic traffickers had been detained in raids and then released 
pending investigation. The Government had yet to develop a statistical 
system for following trafficking prosecutions nationwide.
    In April, the media reported the case of Irene Oblitas Arone, who 
was trafficked in 1988 to Japan where members of the Japanese Mafia 
``purchased'' her and forced her into prostitution. Oblitas 
subsequently returned to the country. NGO representatives complained 
that the Government did not provide adequate protection for persons 
like Oblitas, who continued to fear retaliation from traffickers after 
her identity became known. PNP officers detained Maria Yataco, a 
citizen of Japanese ancestry who had been Oblitas' first contact with 
the network that trafficked her to Japan. At year's end, investigations 
of Yataco and other traffickers associated with her were ongoing.
    In August, the Foreign Ministry appropriated money for the 
repatriation of a second trafficking victim and her son, who were in 
Japan. At year's end, the victim remained in Japan completing 
arrangements for her return to the country, and the case against her 
traffickers remained under investigation by a Lima penal court.
    Prosecution also continued at year's end in the case of Liliana 
Mendoza, a trafficking victim rescued from a brothel in Trujillo by PNP 
and NGO representatives in 2003.
    Trafficking to Spain and, particularly, to Japan operated through 
organized criminal networks.
    Internal trafficking was a far greater problem. NGOs and 
international organizations maintained that significant domestic 
trafficking occurred, particularly to bring underage women from the 
Amazon district or the Sierras into the cities or into mining areas to 
work as prostitutes or to work in homes as domestics. This trafficking 
took place through informal networks that could involve boyfriends and 
even the families of the young women victims.
    The Government coordinated its anti-trafficking activities with 
NGOs. A Catholic order of nuns, the Adoring Sisters, operated 3 
programs for underage female prostitutes, 1 a live-in center for 
approximately 75 girls (and 20 children of the victims) in Callao and 2 
other walk-in centers in Lima. All facilities offered medical 
attention, job training, and self-esteem workshops in an attempt to 
remove underage girls from the streets. The Government's Institute for 
Adolescents and Children provided the Adoring Sisters with the live-in 
facility and paid for utilities and food.
    During the year, the International Organization for Migration 
worked with Movimiento El Pozo, an NGO dedicated to helping 
prostitutes, to set up a hotline to warn and assist victims of 
international trafficking. The hotline was instrumental in bringing a 
victim's case to the attention of the Government. Hotline staff worked 
closely with the PNP to verify information they received from callers 
about suspicious job offers.
    During the year, the Ministry of Foreign Affairs began an 
aggressive advertising campaign warning travelers about the dangers of 
trafficking. The Ministry of Commerce and Tourism also initiated an 
anti-trafficking campaign, warning hoteliers and others about the 
dangers of trafficking. In August and October, both ministries hosted 
major public conferences with various NGOs on trafficking in persons.

    Persons With Disabilities.--The Constitution provides that persons 
with 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 specifies rights, allowances, 
programs, and services. The law prohibits discrimination, mandates that 
public spaces be barrier-free and buildings be architecturally 
accessible, and provides for the appointment of a disability rights 
specialist in the Human Rights Ombudsman's office.
    Despite an increased focus on persons with disabilities, the 
Government devoted few resources to efforts in this area. Many persons 
with disabilities remained economically and socially marginalized.
    Although the law prohibits discrimination in the workplace, it does 
not specify sources of funding for programs 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 for 
persons with 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 recordings for the blind.
    According to officials of the Institute for Social Security, less 
than 1 percent of persons with severe disabilities actually worked. 
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 businesses. Nevertheless, such 
persons faced discrimination by potential employers.

    National/Racial/Ethnic Minorities.--The Constitution provides all 
citizens equality before the law and forbids discrimination, including 
by reason of race, origin, and language. The law criminalizes racial 
discrimination. The country's population included several racial 
minorities, the largest of which were persons of Asian and African 
descent. Afro-Peruvians, who tended to be concentrated along the coast, 
often faced discrimination and social prejudice and were among the 
poorest groups in the country. Afro-Peruvian civil rights groups 
contended that official surveys and censuses did not accurately reflect 
their numbers.
    Afro-Peruvians generally did not hold leadership positions in 
government, business, or the military. Both the navy and the air force 
were believed widely to follow unstated policies that minimized the 
number of blacks in 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. NGOs alleged that frequently employers 
required job applicants to submit personal photos to ensure that they 
had the correct ``presence'' for desired jobs. The law prohibits 
various forms of discrimination by retail establishments against 
prospective customers. However, the law did not deter discriminatory 
practices. Afro-Peruvians often were portrayed unflatteringly by the 
entertainment industry as individuals of questionable character or as 
comedic stereotypes.

    Indigenous People.--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 people 
faced pervasive societal discrimination and 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. 
Pervasive discrimination and social prejudice intensified perceptions 
of inferiority and second-class citizenship. Many indigenous people 
lacked basic identity documents that normally would identify them as 
full citizens and enable them to play an active part in society (see 
Section 5, Other Societal Abuses).
    Other factors contributed to the marginalization of indigenous 
people in society. Poor transportation, language barriers, and 
inadequate 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. UNICEF 
reported that indigenous people in rural areas did not have equal 
access to public services, particularly health and education: 90 
percent lived in poverty; only 39 percent completed primary school; and 
there were higher child and maternal mortality in indigenous areas, 
where only 20 percent of births took place in public health centers.
    The indigenous 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 indigenous communities had a spiritual relationship with their 
land, and the concept of land as a marketable commodity was 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 indigenous population with respect to 
its land is that of ``unassignability,'' which prevents the title to 
such lands from being reassigned to some non-indigenous tenant by right 
of tenure. However, the marketing and sale of the lands were not 
prohibited.
    Indigenous groups continued to resist encroachment on their native 
lands. Many indigenous people 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.
    The National Commission on the Amazon Region and Indigenous and 
Afro-Peruvian Affairs (CONAPA) is assigned to the office of the 
president of the Council of Ministers. The Commission's members 
included officials from a variety of relevant ministries as well as 
representatives of the indigenous peasant population in the highland 
and coastal areas, the indigenous population of the Amazon jungle, and 
the Afro-Peruvian community. CONAPA worked with minority communities to 
choose local leaders to collaborate in efforts to extend social 
services to historically marginalized peoples. During the year, CONAPA 
also worked with the Government's National Citizen Registry, on an 
identity rights campaign for undocumented citizens (see Section 5, 
Other Societal Abuses).
    The two principal NGOs that represented the interests of the 
indigenous 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 were part of the Permanent Conference of Indigenous 
Peoples, an umbrella body that coordinated the activities of the 
country's indigenous population. CONAP advocated for indigenous 
communities' rights to share in the benefits of mining and other 
development operations. AIDESEP opposed territorial encroachments.
    Sendero Luminoso continued to be a leading violator of the rights 
of indigenous people. The terrorist group coerced indigenous peasants 
into joining its ranks and demanded war taxes. Terrorist pressure on 
indigenous communities continued during the year, with Sendero 
representatives attempting to recruit followers among indigenous people 
living in the Pangoa and Tambo River valleys in Junin Province.

    Other Societal Abuses and Discrimination.--The Constitution 
provides all persons with the right to a name, nationality, and legal 
recognition, and the exercise of civil, political, economic, and social 
rights; however, sources estimated that more than 1 million 
undocumented citizens, including at least 312,000 women, had no 
identity documents and thus were unable to avail of these rights. 
UNICEF calculated that approximately 15 percent of children were not 
registered, the majority of whom were illegitimate children, children 
of farm workers, or children of undocumented parents. The displacement 
of persons during the war against Sendero Luminoso and the constant 
movement of rural inhabitants to the cities worsened the problem of 
persons without documentation.
    Undocumented citizens were socially and politically marginalized 
and had difficulties accessing government services. They also faced 
barriers to registering their children, becoming candidates for 
political office, or holding title to land and homes.
    One of the most significant obstacles to obtaining a National 
Identity Document (DNI) was the requirement to present supporting 
documents, such as a birth certificate and a public utility receipt, to 
the DNI. Persons in rural areas faced special challenges in meeting 
these requirements. First, women were not always able to give birth at 
health establishments, which issue the certificate of live birth 
required for obtaining the birth certificate. Second, rural dwellers 
frequently did not have access to public utilities. Mothers who gave 
birth at home faced obstacles in retroactively obtaining a certificate 
of live birth. The Ministry of Health, in an effort to lower infant 
mortality, fined women who did not give birth in clinics or hospitals. 
In many rural areas, these women could not pay the fines and, 
consequently, did not register their children.
    During the year, various entities of the Government, including the 
Ombudsman's office, the National Registry of Identification and Civil 
Status, and the ministries of Education and Health, as well as MIMDES, 
began work on this problem in cooperation with Oxfam, a human rights 
NGO. The Government eased requirements for citizens to obtain identity 
papers, requiring only a birth certificate or an identity issued by the 
military, instead of both, as previously required.
    Despite the absence of formal prohibitions, homosexuals faced 
extensive discrimination. On August 11, a Lima supermarket's manager 
asked two male members of the Homosexual Movement of Lima to leave 
after they exchanged kisses in the supermarket's public cafeteria. 
Other clients had complained about their behavior.
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. Approximately 5 percent of the 
formal sector workforce of 8.5 million belonged to organized labor 
unions.
    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 non-membership.
    A 2003 Law for Domestic Workers regulated the hours for and 
established fundamental rights for this overwhelmingly female section 
of the work force; however, the Ministry of Labor's limited ability to 
inspect the conditions of domestic workers minimized the law's effect.

    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. A 
union had to represent at least 20 workers to become an official 
collective bargaining agent. Representatives could participate in 
collective bargaining negotiations and establish negotiating 
timetables.
    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. The law restricts the number of temporary 
workers hired to 20 percent of a company's work force; however, some 
labor advocates claimed that some companies did not comply with the 
law.
    The law provides for the right to strike, and workers exercised 
this right in practice; however, the law restricts unions that 
represent workers in public services deemed essential by the Government 
from striking. According to the Ministry of Labor, there were 2 legal 
strikes and 95 illegal strikes during the year. It was difficult to get 
approval for a legal strike. Labor movement leaders believed that the 
Ministry of Labor, which grants permissions for legal strikes, was 
reluctant to do so for fear of hurting the economy. In practice, labor 
movement representatives considered this as limitation on the right to 
strike.
    There are four export processing zones (EPZs). Special regulations 
for the EPZs 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.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
there were reports that such practices occurred.
    Narcotraffickers and Sendero Luminoso terrorists held indigenous 
families captive in remote areas, using their labor, including that of 
children, to grow food crops and coca (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Child and Adolescent Code 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 for up to 4 hours per day, 
and adolescents between ages 15 to 17 may work up to 6 hours per day if 
they obtain special permission from the Ministry of Labor and certify 
that they also were attending school.
    In practice, the law's provisions were violated routinely in the 
informal sector. In certain sectors of the economy, higher minimums 
were in force: Age 15 in industrial, commercial, or mining work and age 
16 in the fishing industry. In 2003, the Ministry granted 1,020 permits 
to children between the ages of 12 and 17 to work in compliance with 
labor and education laws. 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, work at 
night, 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. An 
estimated 1.9 million children labored primarily in the informal sector 
to help support their families. Of this total, NGOs estimated that 
approximately 600,000 children were less than 12 years of age.
    Significant numbers of children from rural areas, most of them 
female, often were moved to cities where they lived and worked in 
families as domestics.
    Employers frequently required longer hours from their live-in 
charges, compelling them to carry out comprehensive duties, including 
cooking and childcare, for wages as low as $20-30 (70-105 soles) per 
month. 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, brick making, coca cultivation, or 
work in stone quarries and fireworks factories.
    Although there were no reliable statistics on its extent, NGOs and 
other observers maintained that the country suffered a growing problem 
with adolescent prostitution (see Section 5), as demonstrated by police 
raids on clandestine brothels employing adolescent sex workers.
    The Ministry of Labor is responsible for enforcing child labor 
laws, and its 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. Firms 
found guilty of violating child labor laws may be fined and have their 
operations suspended. Inspectors levied fines against 132 firms for 
violations of health and safety issues. Over the last 5 years, the 
Ministry of Labor carried out an average of nearly 4,000 inspections 
per year.
    Inspectors maintained contact with a wide variety of local NGOs, 
church officials, law enforcement officials, and school officials. The 
Ministry of Labor reported that there were 170 labor inspectors (of 
whom 120 worked in Lima) responsible for all labor inspections. 
Inspections focused on the formal sector. The PNP and local prosecutors 
exercised law enforcement authority.
    Narcotraffickers routinely violated the rights of children in their 
efforts to produce illegal drugs. In August, the National Commission 
for Development and Life Without Drugs estimated that 5,000 children 
were employed in the illegal narcotics industry, an activity that 
exposed them to a variety of toxic chemicals that could have effects 
that range from death to damage to a person's nervous system, blisters, 
or burns.

    e. Acceptable Conditions of Work.--The Constitution 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 September 2003, the Government raised the statutory 
minimum wage from $124 (410 soles) a month to $153 (460 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 $65 (214 soles) a month per person, a figure that 
varied by region. INEI's 2003 survey showed the poverty line at $75 
(260 soles) a month per person for Lima, compared with $55 (180.5 
soles) for the rural jungle. According to some estimates, as much as 
half the workforce earned the minimum wage or below, because such a 
great proportion worked in the largely unregulated informal sector. The 
Ministry of Labor was responsible for enforcing the minimum wage, which 
was enforced in the formal sector.
    The Constitution provides for a 48-hour workweek, a weekly day of 
rest, and an annual vacation. 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. The law 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 
complied with the law.
    While occupational health and safety standards exist, the 
Government lacked the resources to monitor firms or enforce compliance. 
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 punished them most often with 
fines. 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.

                               __________

                         SAINT KITTS AND NEVIS

    Saint Kitts and Nevis is a multiparty, parliamentary democracy and 
federation, governed by a prime minister, a cabinet, and a unicameral 
legislature, with a governor general as titular head of state. 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. In the 
October 25 national elections, Prime Minister Denzil Douglas's St. 
Kitts and Nevis Labor Party (SKNLP) won 7 of 8 St. Kitts seats in the 
11-seat legislature, and he remained Prime Minister. International 
observers considered the electoral process flawed. In elections on 
Nevis in 2001, Premier Vance Amory's Concerned Citizens Movement (CCM) 
won four of five seats in the Nevis Assembly. The judiciary is 
independent.
    The security forces consist of a small police force, including a 
30-person Special Services Unit that received some light infantry 
training, a coast guard, and a small defense force. Military forces 
patrolled jointly with the police. The civilian authorities maintained 
effective control of the security forces. Some members of the security 
forces committed human rights abuses.
    The country had a mixed economy based on sugar cane, tourism, and 
light industry; the population was approximately 45,000. Most 
commercial enterprises were owned privately, but a state corporation 
owned the sugar industry and 85 percent of arable land. The gross 
domestic product, which rose 2.1 percent in 2003, was expected to rise 
by 4 percent during the year following growth in the tourism sector and 
contraction in the sugar sector. The unemployment rate was estimated at 
5 percent. In January, the Government raised public sector salaries by 
10 percent.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a few areas. Poor prison 
conditions, opposition complaints about access to government-controlled 
media, and violence against women remained the principal problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary of unlawful deprivation of life committed by 
the Government or its agents.
    During the year, one person died in prison, and one person died 
while in police custody; however, foul play was not suspected in either 
case.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that government officials employed them.
    Prisons were overcrowded, and resources remained limited. The 
prison on Saint Kitts had a capacity for 155 prisoners but held 183 
prisoners at year's end; some prisoners slept on mats on the floor. A 
low-security prison on Nevis held 35 inmates. Corporal punishment is 
legal; a court can order that an accused person receive lashes if found 
guilty. The prison provided voluntary work and education programs. The 
prison staff periodically received training in human rights.
    Unlike in 2003, there were no reported deaths in prison during the 
year.
    Female inmates were held separately from male prisoners, and 
juveniles were segregated from adult prisoners. Pretrial detainees were 
held separately from convicted prisoners.
    The Government permitted prison visits by independent human rights 
observers, and such visits occurred during the year. In addition, the 
Ministry of National Security appointed ``visiting justices,'' who 
volunteered to oversee the treatment of prisoners.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The police force consists of 370 officers (72 officers in Nevis), 
with 27 auxiliary members. Senior officers investigated complaints 
against members of the police force, and criminal offenses are referred 
to the Director of Public Prosecutions. The police force continued to 
conduct its own internal investigation when complaints were made 
against its members. There were 27 complaints filed during the year, 
resulting in 10 warnings to police, 3 disciplinary actions, and 1 
dismissal.
    Starting in July, officers received human rights training based on 
resources provided by the International Red Cross.
    Police may arrest a person based on the suspicion of criminal 
activity; warrants are not required. 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. There is a 
functioning system of bail. Family members, attorneys, and clergy were 
permitted to visit detainees regularly.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The court system 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.
    The Constitution provides that every person accused of a crime must 
receive a fair, speedy, and public trial, and these requirements 
generally were observed. Defendants have the right to be present and to 
consult with counsel in a timely manner. Free legal assistance was 
available for indigent defendants in capital cases only.
    As of September, there were 75 persons in pretrial detention. The 
length of pretrial detention varied according to offense and charges; 
persons may be held for days, weeks, or months. In April, authorities 
tried, convicted, and sentenced to death by hanging Joseph Hazel. Hazel 
had been in pretrial detention since 2001 for the 2000 murder of Tony 
Fetherston. At year's end, his sentence was under appeal.
    In December 2003, the legislature passed legislation to empower the 
courts to pass noncustodial sentencing such as discharges, suspended 
sentences, probation orders, and community service orders.
    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, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom. The opposition People's Action Movement (PAM) party continued 
to allege that the ruling SKNLP blocked PAM's access to the Government-
controlled media. The PAM acknowledged, however, that it had access to 
independent media outlets.
    There was one daily independent newspaper and four independent 
weekly newspapers, as well as papers published by the major political 
parties. Several privately owned radio stations also operated.
    In March, the Eastern Caribbean Supreme Court ordered the PAM 
newspaper to pay two government ministers a total of $35,000 
(EC$95,000) for libel. Two other libel cases filed by government 
ministers against the PAM publication during the year resulted in 
judgments of $13,000 (EC$35,000) and $9,200 (EC$25,000).
    In December, Clive Bacchus, a Guyanese national and the general 
manager of the WINN radio station, was informed that the renewal of his 
work permit was delayed pending verification that no qualified citizens 
were interested in his job. Since work permit renewals are granted 
routinely and recruitment of citizens was not a requirement, the 
incident was criticized as a government attempt to suppress the 
independent media.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.
    On July 16, police arrested and briefly detained leaders of the PAM 
during a peaceful demonstration. PAM organizers claimed that police 
changed their demonstration route at the last moment. When 
demonstrators attempted to follow the originally approved route, their 
leaders were arrested.
    In September 2003, PAM leaders received a court summons for having 
a public gathering without a permit. PAM officials alleged they had 
requested a permit and the Government knew about the gathering but 
deliberately refused to issue a permit. The cases were adjourned 
indefinitely and no trial date was set.

    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 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The Constitution does not address forced exile, but the Government 
did not use it.
    Although the country is a signatory of the 1951 U.N. Convention 
Relating to the Status of Refugees, the Government has not established 
a system for providing protection to refugees or asylum seekers. In 
practice, the Government provided protection against refoulement, the 
return of persons to a country where they feared persecution, but did 
not routinely grant refugee status or asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic elections held on the basis of universal suffrage. All 
citizens 18 years of age and older may register and vote by secret 
ballot. A multiparty political system existed, in which political 
parties were free to conduct their activities; however, the PAM 
continued to allege that the ruling party restricted access to the 
media (see Section 2.a.).
    In October general elections, Prime Minister Denzil Douglas's SKNLP 
was returned to office after winning 7 of 8 St. Kitts-assigned seats in 
the 11-seat Parliament. The PAM won one seat after nearly 5 years 
without representation. Nevis Premier Vance Armory's CCM won two of the 
three parliamentary seats assigned to Nevis. The Commonwealth Observer 
team categorized the electoral rules as ``followed but flawed,'' and 
there were reports of vote fraud, intimidation, and foreign influence. 
During and after the election, government information services touted 
the SKNLP and criticized the opposition. The Government also deported 
and refused reentry to an important political consultant to the 
opposition party.
    The Governor General appoints 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 Island 
Assembly.
    During the year, in accordance with its rights under the 
Constitution, the Nevis Assembly again proposed secession and initiated 
formal constitutional procedures to hold a referendum on the issue. 
While opposing secession, the Government acknowledged the 
constitutional rights of Nevisians to determine their future 
independence. The referendum was delayed and had not been rescheduled 
by year's end.
    The PAM continued to allege widespread employment discrimination by 
the SKNLP against public sector employment of persons perceived to be 
PAM supporters.
    The PAM claimed that electoral reform is needed to correct 
inequities and to prevent irregularities in voting, asserting that in 
the previous election the Government encouraged voters to register in 
districts where they did not reside and unduly influenced voters by 
providing airfare and hotel accommodations to overseas citizens willing 
to return to vote. The PAM also charged 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 be 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. The PAM did not 
have any representatives in the prior assembly; their newly elected 
representative had not been placed on the Select Committee by year's 
end.
    There were a number of allegations of corruption in the Government. 
The PAM party continued to allege corrupt electoral practices. In 
Nevis, the Reformation Party accused the ruling CCM of corruption in 
the sale of land at preferential prices, among other corrupt practices, 
and called for an official inquiry. Businesses also complained of high-
level corruption in large foreign investment projects.
    No laws provide for public access to government information; 
however, in practice, the Government maintained a website with limited 
information concerning government actions.
    There were 2 women in the 11-seat National Assembly and no women in 
the cabinet; 3 of 4 magistrates were women, the court registrar was a 
woman, and 6 of 11 permanent secretaries were women. In addition, in 
Nevis, one cabinet member and the president of the House of Assembly 
were women. The Government participated in an Organization of American 
States program to encourage the participation of women in leadership 
roles, with a focus on politics.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    While there are no governmental restrictions, there were no local 
human rights groups. There were no requests for investigations or 
visits by international human rights groups during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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 
prohibitions in practice.

    Women.--Violence against women was a problem. The Domestic Violence 
Act criminalizes domestic violence, including emotional abuse, and 
provides penalties of up to $5,000 (EC$13,500) and/or 6 months in 
prison 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. In 
addition, the Permanent Secretary of the Department of Gender Affairs 
participated in a weekly radio program to discuss gender issues, 
including domestic violence. The Department reported 30 cases of 
domestic violence during the year. There was no separate domestic 
violence unit in the police force.
    The law prohibits rape; however, spousal rape is not addressed in 
the legislation.
    Prostitution is illegal and was not considered to be a problem.
    The law does not specifically address sexual harassment, and it 
remained a problem.
    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 with market skills and training as 
entrepreneurs. The Department provided clients assistance with problems 
such as lack of housing, unemployment, childcare, technical training, 
and personal development. It also ran the Viola Project, a program to 
encourage young mothers to complete their education, which had 17 
participants during the year. 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.

    Children.--The Government was 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. More than 98 percent of children completed school.
    Free medical care was provided for children, and boys and girls had 
equal access.
    Under the law, the age of consent is 16. During the year, 
authorities brought charges in 22 cases involving alleged sexual 
activity with minors (statutory rape) and 5 cases of incest (which 
includes sexual activity with any member of the household).

    Trafficking in Persons.--No laws address trafficking in persons 
specifically; however, there were no reports that persons were 
trafficked to, from, or within the country.
    The country continued an economic citizenship program, whereby 
foreign investors were permitted to purchase passports through loosely 
monitored procedures requiring an investment of at least $250,000 
(EC$675,000) in real estate and an additional registration fee of 
$35,000 (EC$94,500) for the head of household (amounts varied for other 
family members). This process 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 the debt was repaid. The Government denied any 
knowledge of illegal immigration facilitated through this program and 
asserted that applicants were screened adequately.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. The law does not 
mandate access to buildings for persons with disabilities. During the 
year, the Government amended the National Development Plan, which 
emphasized opportunities in education and employment to include blind 
and visually impaired persons.
Section 6. Worker Rights
    a. The Right of Association.--Workers exercised the legal right to 
form and join trade unions. Employers were not bound legally to 
recognize a union, but, in practice, employers did so if a majority of 
workers polled wished to organize. Approximately 10 percent of the 
workforce was unionized. 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 SKNLP 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.
    The law prohibits anti-union 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 
their length of service.

    b. The Right to Organize and Bargain Collectively.--Labor unions 
have the legal right to organize and to negotiate for better wages and 
benefits for union members, and the Government protected this right in 
practice. If a union obtains membership of over 50 percent of employees 
at a company, the union can apply to be recognized by the employer for 
collective bargaining. There are no export processing zones.
    The right to strike, while not specified by law, is well 
established and respected in practice. Restrictions on strikes by 
workers who provide essential services, such as the police and civil 
servants, were enforced by established practice and custom, but not by 
law.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, and there 
were no reports that such practices occurred.
    Prisoners were 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. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits slavery, servitude, and forced labor of children, and the 
Department of Labor effectively implemented this law in practice. There 
were no reported cases of child labor during the year. The minimum 
legal working age is 16 years. The Department of Labor relied heavily 
on school truancy officers and the Community Affairs Division to 
monitor compliance, which they generally did effectively.
    Juveniles worked in agriculture, domestic service, and illicit 
activities. In rural areas where families are 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. Society does 
not consider domestic work exploitative child labor.

    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 (EC$180) per week for full-time domestic workers to 
$166 (EC$443.50) per week for skilled workers. The wages provided a 
decent standard of living for a wage earner and family; many workers 
supplemented wages by keeping small animals such as goats and chickens, 
or other activities. 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 unemployed 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 and 
provides for premium pay for work above the standard workweek.
    While there were no specific health and safety regulations, the 
Factories Law provides general health and safety guidance to Department 
of Labor 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.

                               __________

                              SAINT LUCIA

    Saint Lucia is a multiparty, parliamentary democracy governed by a 
prime minister and a cabinet, which represent the majority party in the 
lower house of the bicameral Parliament. Queen Elizabeth II appoints a 
governor general who has some residual powers under the Constitution. 
In generally free and fair elections in 2001, Prime Minister Kenny 
Anthony's Saint Lucia Labour Party (SLP) retained power, winning 14 
seats in the 17-member House of Assembly. The judiciary is independent.
    The Royal Saint Lucia Police numbers 704 officers and includes a 
35-officer Special Services Unit, which had some paramilitary training, 
and a coast guard unit. The civilian authorities maintained effective 
control of the security forces. There were occasional allegations that 
members of the security forces committed human rights abuses.
    The country has a market-based economy dominated by tourism, trade, 
communications, and transport. The population was approximately 
160,000. Economic growth was 3.4 percent during the year, and inflation 
was estimated at approximately 2 percent. Unemployment at the end of 
2003 was 19.7 percent.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a few areas. There were some 
allegations of physical abuse of suspects and prisoners by the police; 
long delays in trials and sentencing, domestic violence against women, 
and child abuse also were problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
politically motivated killings by the Government or its agents; 
however, security forces killed three suspects while attempting to 
apprehend them.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that government officials employed torture. Prisoners and 
suspects regularly complained of physical abuse by police and prison 
officers. Through October, the Police Complaints Commission 
investigated more than 100 complaints of police beatings. There were 
three disciplinary recommendations against police officers and three 
criminal convictions.
    Prison conditions generally met international standards at the 
Bordelais prison, which had a capacity of 500 prisoners. In December, 
it held 485 prisoners, and 184 staff positions were filled. The prison 
had separate facilities for females, young offenders, and those 
awaiting trial. It also has a magistrate's courtroom. The prison 
administered rehabilitation, education, and recreations programs in 
farming, carpentry, literacy, and Bible study.
    A boys' training school, which operated separately from the prison, 
held 14 juveniles between 12 and 18 years of age.
    The Government permitted prison visits by human rights observers, 
although no such visits took place during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest or imprisonment and the Government generally adhered 
to these provisions in practice.
    The Royal Saint Lucia Police numbered 704 officers and included a 
Special Services Unit and a coast guard unit. The Police Commissioner 
continued implementation of the 2003 5-year community policing 
initiative to increase professionalism, prevent crime, and address 
customer service issues.
    The Constitution requires a court hearing within 72 hours of 
detention. There was no constitutional requirement for a speedy trial, 
but every Wednesday, the Government used the magistrate's court located 
in the prison to reduce processing time for court hearings after 
detention. Those charged with serious crimes spent an estimated 6 
months to a year in pretrial detention; however, those charged with 
petty offenses often received speedy trials, particularly if victims or 
witnesses were likely to leave the island. Detainees are allowed prompt 
access to counsel and family. There is a functioning bail system.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The two-level court system includes the Courts of Summary 
Jurisdiction (Magistrate's Courts) and the High Court, both of which 
have civil and criminal authority. The lower courts accept civil claims 
up to approximately $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 may 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. A family court handles 
child custody, maintenance, support, domestic violence, juvenile 
affairs, and related matters.
    The Constitution requires public trials before an independent and 
impartial court and, in cases involving capital punishment, provision 
of legal counsel for those who cannot afford a defense attorney. In 
criminal cases not involving capital punishment, defendants must obtain 
their own legal counsel. Defendants are entitled to select their own 
legal counsel, are presumed innocent until proven guilty in court, and 
have the right of appeal. Authorities observed both constitutional and 
statutory requirements for fair public trials.
    The court system continued to face a serious backlog of cases. The 
Government hired three new magistrates during the year for a total of 
nine. The average time for a trial was 3 to 6 months in the 
magistrate's courts and 6 to 12 months for non-petty criminal cases.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
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 and did not restrict academic 
freedom.
    The independent media were active and expressed a wide variety of 
views without restriction. There were five major privately owned 
newspapers, two privately owned radio stations, one partially 
government-funded radio station, one government-operated television 
station, and two private television stations.
    Local media outlets and the opposition party continued to voice 
concerns with the ``spreading false news'' clause, enacted in 2003 as 
part of the new Criminal Code.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.
    The law requires 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.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Two Rastafarians, convicted of murder and arson and sentenced to 
hang in 2003 for attacking parishioners at a Catholic Mass in 2000, 
remained on death row.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The Constitution prohibits forced exile, and it was not used.
    No formal government policy toward refugee or asylum requests 
existed. In practice, the Government provided protection against 
refoulement, the return of persons to a country where they feared 
persecution, but did not routinely grant refugee status or asylum. 
During the year, the Cabinet of Ministers gave temporary residence 
status with permission to work to nine Haitians and referred them to 
the U.N. High Commissioner for Refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. 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. In 2001, 
in elections that generally were considered free and fair, Prime 
Minister Anthony's SLP defeated the United Workers Party, led by 
Morella Joseph. The SLP won 14 of 17 seats and 55 percent of the 
popular vote.
    The law provides for public access to information, and 
parliamentary debates are open to the public. The Government 
Information Service disseminates public information on a daily basis, 
operates an extensive website, and publishes a number of official 
periodicals.
    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. One of the 14 members of the cabinet was a woman, as 
was the Governor General.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A few domestic human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Although the Government officially cooperated with 
such investigations, observers noted occasional reluctance by lower 
officials to cooperate.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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 prosecuted crimes of violence against women only when 
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. The 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. A special police 
unit handled domestic violence, and its officers, which include women, 
worked closely with the Ministry of Home Affairs and Gender Relations. 
There were 31 reported cases of domestic violence in 2003. Most of the 
cases were referred to a counselor, and the police facilitated the 
issuance of court protection orders in some. 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 living. It also allows the judge to order that an 
abuser's name be removed from housing leases or rental agreements, 
revoking the right of the abuser 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 Ministry of Health, 
Human Services and Family Affairs reported 34 cases of domestic 
violence, including physical, emotional, and sexual abuse. During 2003, 
the Women's Support Center, a government shelter for abused persons, 
received 105 crisis calls and offered residential services to 24 
clients and 27 dependent children. The center also engaged in an active 
community outreach program that included visits to schools, health 
centers, and community centers.
    Prostitution is illegal; however, it was a growing problem. The 
police did not take serious action against the clubs despite some 
reports of child abuse and trafficking.
    The law does not prohibit sexual harassment; however, it remained a 
problem.
    Women's affairs were under the jurisdiction of the Ministry of Home 
Affairs and Gender Relations. 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 dropout 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. Boys and girls had equal 
access to medical care.
    During the year, the Ministry of Health, Human Services, and Family 
Affairs reported 41 cases of child sexual abuse, 34 cases of physical 
abuse, 13 cases of psychological abuse, and 59 cases of neglect and 
abandonment. In 2003, the Saint Lucia Save the Children Fund (LUSAVE) 
reported receiving an average of three calls per day from abused 
children and documented numerous incidences of children as young as 10 
years of age giving birth as a result of sexual abuse. LUSAVE also 
claimed to have evidence of child pornography, including the rape of 
minors recorded on video for sale. 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 children born of such abuse.

    Trafficking in Persons.--No laws specifically address trafficking 
in persons; however, there were reports that internal trafficking, 
particularly of minors, began to be a problem. There was a credible 
report of trafficking for sexual exploitation of a woman from the 
Dominican Republic whose passport was seized by a nightclub owner and 
who claimed she was coerced into prostitution. Police intervened and 
returned the woman's passport. The country had a reputation as a 
regional hub for nightclubs and weekend trysts. While recognizing the 
increase in prostitution and nightclub activity, the Government did not 
acknowledge that trafficking was a problem and had no programs to 
protect victims or prevent trafficking.

    Persons With Disabilities.--No specific legislation protects the 
rights of persons with disabilities or mandates provision of access to 
buildings or government services for them. The Government is obliged to 
provide disabled access to all public buildings, and 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 
until the secondary level. There also was a school for persons with 
mental disabilities.

    Other Societal Abuses and Discrimination.--There was widespread 
stigma and discrimination against persons infected with HIV/AIDS, 
although the Government initiated several programs to address this 
issue. In May, the Government committed $2.6 million (EC$7 million) for 
a 5-year program to combat AIDS. The U.N. Population Fund also provided 
support for youth-oriented AIDS prevention programs.
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 36 
percent of the total work force was unionized.

    b. The Right to Organize and Bargain Collectively.--Unions have the 
legal right to engage in collective bargaining, and they exercised this 
right in practice. The Registration of Trade Unions and Employer 
Organizations Act regulates internal union governance. It also provides 
that an employer must recognize a union if the union obtains the 
support of 50 percent plus one of the employees at a particular 
business.
    Strikes in both the public and private sectors were legal, but 
there were many avenues such as collective bargaining agreements and 
government procedures that often precluded a strike. The law prohibits 
members of the police and fire departments from striking on the grounds 
that these professions were ``essential services.'' Workers in other 
``essential services''--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, and there 
were no administrative or legal impediments to union organizing or 
collective bargaining in those zones; however, there were no unions 
registered in these zones.

    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced or compulsory labor, and there were no reports that 
such practices occurred. While there is no specific prohibition of 
forced or compulsory labor by children, there were no reports of such 
practices.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law provides for a minimum legal working age of 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 child labor laws 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 2003, but it 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 work hours for 
shop assistants, agricultural workers, domestics, and persons in 
industrial establishments.
    Occupational health and safety regulations were relatively well 
developed; however, there was only one qualified inspector for the 
entire country. 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 had the legal right to leave a 
dangerous workplace situation without jeopardy to continued employment.

                               __________

                    SAINT VINCENT AND THE GRENADINES

    St. Vincent and the Grenadines is a multiparty, parliamentary 
democracy governed by a prime minister, a cabinet, and a unicameral 
legislative assembly, with a governor general as titular head of state. 
In 2001 elections that were generally free and fair, the Unity Labor 
Party (ULP) won 12 of 15 parliamentary seats, and ULP leader Ralph 
Gonsalves became the new Prime Minister. The judiciary is independent.
    The Royal St. Vincent Police, the only security force in the 
country, includes a coast guard and a small Special Services Unit with 
some paramilitary training. Civilian authorities maintained effective 
control of the security force; however, some members of the security 
force committed human rights abuses.
    The market-based economy was small, weak, and heavily in debt. The 
country's population was approximately 117,000. The economy primarily 
was based on agriculture (particularly bananas), construction, and 
tourism. The country continued to suffer from a high rate of 
unemployment and low per capita gross domestic product (GDP). 
Unemployment was estimated at 25 percent in 2003. Real GDP rose to 3.6 
percent for 2003 following improvements in the construction, 
manufacturing, communications, and trade sectors. Consumer prices 
increased approximately 1.7 percent during the year.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a few areas. 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.
                        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 
politically motivated killings by the Government or its agents; 
however, in September, police beat Leroy Sayers, who was behaving 
erratically and reportedly may have been having a seizure. Sayers later 
died in police custody. His family claimed to have been kept from the 
post mortem examination, and there was no opportunity for an 
independent examination to determine the cause of death.

    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, 
regional human rights groups noted that a high percentage of 
convictions were based on confessions. One human rights group believed 
that most 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 April, police reportedly captured and beat escaped prisoner 
Dexter Brewster, who sustained injuries that left him paralyzed from 
the waist down. The St. Vincent and the Grenadines Human Rights 
Association (SVGHRA) protested the incident to the Commissioner of 
Police but did not receive a response. At year's end, Brewster remained 
in a prison that was not equipped to hold paralyzed prisoners.
    Prison conditions were poor. Prison buildings were antiquated and 
overcrowded, with Her Majesty's Prison in Kingstown holding 354 inmates 
in a building designed for 75. These conditions resulted in serious 
health and safety problems.
    In September 2003, the Prison Superintendent acknowledged that, 
despite reforms initiated in 2003, prisons were characterized by 
endemic violence, understaffing, underpaid guards, uncontrolled weapons 
and drugs, an increase in HIV/AIDS, and unhygienic conditions.
    A prison guard training program, initiated in 2003, trained nearly 
all 117 guards in methods used in the British prison system. A 
rehabilitation program allowed inmates to receive contracts and jobs 
with local entrepreneurs. A school program offered courses in 
carpentry, tailoring, baking, and mechanical engineering.
    The SVGHRA reported that prison guards routinely beat prisoners as 
means of extracting information regarding escapes, crime, and violence 
committed in the prison. During the year, guards reportedly beat one 
prisoner, Michael Wilson, because he had engaged in homosexual 
activity. Wilson had not been convicted of a crime but was in prison 
awaiting trial after being denied bail. Wilson subsequently was given 
bail and decided not to pursue a complaint against prison authorities.
    There were 13 female inmates held in a separate section in the Fort 
Charlotte prison. Pretrial detainees and young offenders (16 to 21 
years of age) were held with convicted prisoners. Conditions were 
inadequate for juvenile offenders.
    The Government permitted prison visits by independent human rights 
observers, and such visits took place during the year.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions; however, complaints continued regarding police 
practices in bringing cases to court.
    The Royal St. Vincent Police has 700 police officers, including a 
small Special Services Unit with some paramilitary training. The force 
has an additional 59 persons in the fire service and 74 in the coast 
guard. The Government operated an oversight committee to monitor police 
activity and hear public complaints about police misconduct. The 
committee reported to the Minister of National Security and to the 
Minister of Legal Affairs and actively participated in investigations 
during the year.
    Arrest warrants are required in most instances. Detainees may seek 
judicial determinations after 48 hours if not already provided. There 
is a functioning and generally effective system of bail. A local human 
rights group reported that most detainees were given prompt access to 
counsel and family members, although in some instances, such access was 
delayed.
    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.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary consists of 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, which handled 
criminal cases for minors up to age 16.
    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 could appeal verdicts and penalties. The backlog of pending 
cases was reduced during the year, even though the magistrate's court 
in Kingstown lacked a full complement of magistrates. A local human 
rights group reported that magistrates were overworked and underpaid.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom.
    The independent media were active and expressed a wide variety of 
views without restriction. There were two major newspapers and numerous 
smaller, partisan publications; all were privately owned. The sole 
television station and six of seven radio stations were privately 
owned.
    Slander charges filed in 2002 by Prime Minister Gonsalves against a 
popular radio talk show host and the company that owned the radio 
station remained before the court at year's end.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Members of the Rastafarian community continued to complain that law 
enforcement officials unfairly targeted them. However, it was not clear 
whether such complaints reflected discrimination by the authorities on 
the basis of religious belief or simply enforcement of laws against 
marijuana, which was used as part of Rastafarian religious practice.
    For a more detailed discussion, see the 2004 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 Constitution prohibits forced exile, and it was not used.
    Although the country is a signatory of the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol, the 
Government has not established a system for providing protection to 
refugees or asylum seekers. In practice, the Government provided 
protection against refoulement, the return of persons to a country 
where they feared persecution but did not grant refugee status or 
asylum. The country does not receive refugees; however, during the 
year, the Government permitted victims of Hurricane Ivan from Grenada 
to stay in the country on a temporary basis. A Red Cross representative 
served as the honorary liaison with the office of the U.N. High 
Commissioner for Refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. The Constitution provides for general elections at 
least every 5 years.
    In the 2001 elections, which observers declared 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. Following 
elections, the Governor General appoints six Senators, four on the 
nomination of the Prime Minister and two on the nomination of the 
Opposition Leader. 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.
    The country had a national anti-corruption plan; however corruption 
remained a moderate problem. The law provides for public access to 
information and the Government provided such access in practice.
    There were 2 women in the 15-seat Parliament and 3 women in the 
cabinet--the Minister of Tourism, the Minister of Agriculture, and the 
Attorney General.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
generally were responsive to their views; however, the SVGHRA 
complained that not all of its complaints or inquiries to the 
Government received a response. The SVGHRA continued to monitor 
government and police activities, particularly with respect to 
treatment of prisoners, publicizing any cases of abuse. The SVGHRA 
participated in training seminars.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution provides for equal treatment under the law 
regardless of race or sex, and the Government generally enforced this 
provision in practice.

    Women.--Violence against women remained a serious problem. During 
the year, the police received 66 reports of rape. Of these, 22 cases 
were in court, 42 were under investigation, and 2 were dropped for lack 
of evidence. In 2003, women made over 1,000 reports of physical, 
sexual, emotional, and other domestic violence. The Domestic Violence/
Matrimonial Proceedings Act prohibits domestic violence. The SVGHRA 
reported that, in many instances, domestic violence went unpunished due 
to a culture in which victims learn not to seek assistance from the 
police or the prosecution of offenders.
    The SVGHRA conducted numerous seminars and workshops throughout the 
country to familiarize women with their rights. Development banks 
provided 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 persons who brought 
charges but did not testify.
    Rape, including spousal rape, is illegal, and the Government 
effectively enforced the law. Depending on the magnitude of the offense 
and the age of the victim, the sentence for rape generally was 10 years 
to life in prison.
    Prostitution is legal; however, it remained a problem among young 
women and teenagers.
    The law prohibits sexual harassment. A local human rights group 
believed that the law was ineffective and required amendments to 
address this problem.
    Women enjoyed the same legal rights as men. Women received an 
equitable share of property following separation or divorce. The Office 
of Gender Affairs, under the Ministry of Education, Women's Affairs, 
and Culture, 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, provided 
counseling and therapy services, as well as parenting and support 
programs for young adults aged 15 to 25.

    Children.--The Government was committed to children's rights and 
welfare. Primary education was compulsory, free, and universal, and the 
Ministry of Education estimated that 99 percent of primary school age 
children attended school. Secondary school was not compulsory, but the 
Government investigated cases in which children were withdrawn from 
school before the age of 16. 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 500 youths were enrolled in this program, earning a 
stipend of approximately $148 (EC$400) a month, to which private sector 
employers contributed additional amounts in some instances. The 
Ministry of Education estimated that approximately 83 percent of 
secondary school-age children attended school during the year.
    Despite government efforts to support health and welfare standards, 
the infant mortality rate still was very high at 22 deaths per 1,000 
live births, in part due to the large number of children born to 
teenage mothers. Boys and girls enjoyed equal access to health care.
    The law provides a limited legal framework for the protection of 
children, and the Family Services Department, Ministry of Social 
Development, monitored and protected the welfare of children. The 
Department had yet to implement its National Child Abuse Register and 
was unable to provide statistics for the year; however, the Department 
reported 51 cases of sexual abuse, 55 cases of physical abuse, 112 
cases of neglect, and 22 cases of abandonment during 2002. The Family 
Services Department referred all reports of child abuse to the police 
for action.

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

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. The law does not 
mandate access to buildings for persons with disabilities, and the 
circumstances for such persons generally were 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 
approximately five persons daily.
Section 6. Worker Rights
    a. The Right of Association.--Workers exercised the legal right to 
form and join unions; however, no law requires employers to recognize 
unions. Less than 10 percent of the work force was unionized.
    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. This act protects workers from dismissal for 
engaging in union activities and provides them with reinstatement 
rights if illegally dismissed.

    b. The Right to Organize and Bargain Collectively.--The law permits 
unions to organize and bargain collectively, and the Government 
protected these rights in practice; 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 are no export processing zones.
    The law provides for the right to strike, and workers exercised 
this right in practice; however, the Essential Services Act prohibits 
persons providing such services (defined as electricity, water, 
hospital, and police) from striking.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children, and there 
were no reports that such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law sets the minimum working age at 16, 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 workplaces 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 as 
apprentices. The only recognized child labor was children working on 
family-owned banana plantations, particularly during harvest time, or 
in family-owned cottage industries. The Government operated a Youth 
Employment Service, which provided training and increased job 
opportunities by employing young people in government ministries for up 
to 1 year.

    e. Acceptable Conditions of Work.--The Wages Council meets every 2 
years to review minimum wages. Minimum wages, last set in 2003, varied 
by sector and type of work and are specified for several skilled 
categories, including attendants, packers, cleaners, porters, watchmen, 
and clerks. In agriculture, the minimum wage for workers provided 
shelter was $9.26 (EC$25) per day; industrial workers earned $11.11 
(EC$30) per day. In many sectors, the minimum wage did not provide a 
decent standard of living for a worker and family, but most workers 
earned more than the minimum.
    The law prescribes hours of work according to category, such as 
industrial employees (40 hours per week), professionals (44 hours per 
week), and agricultural workers (30 to 40 hours per week). The law 
provides a minimum annual vacation of 5 to 14 days for agricultural 
workers, depending on the number of days employed during the year. 
Industrial workers receive 8 to 21 days of vacation, depending on the 
number of days employed during the year and the worker's length of 
service with the employer. The law provides that workers receive time-
and-a-half for hours worked over the standard workweek.
    Legislation concerning occupational safety and health was outdated, 
and enforcement of regulations was ineffective. Trade unions addressed 
some violations regarding 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 comply with these 
regulations would constitute a breach, which might cover a worker who 
refused to work under these conditions.

                               __________

                                SURINAME

    Suriname is a constitutional democracy, with a president elected by 
the unicameral legislature. After generally free and fair elections in 
May 2000, the New Front, a coalition of 4 parties, won 33 seats in the 
51-member National Assembly and, in August 2000, elected Ronald 
Venetiaan of the National Party of Suriname (NPS), 1 of the coalition 
members, as President. Venetiaan previously served as President from 
1991 to 1996. The judiciary, although extremely inefficient, was 
independent.
    The armed forces are responsible for national security and border 
control, with the military police having direct responsibility for 
immigration control at the country's ports-of-entry. All elements of 
the military were under the control of the Minister of Defense. 
Civilian police bore primary responsibility for the maintenance of law 
and order and reported to the Ministry of Justice and Police. The 
Government continued to implement Operation Safe Suriname, a 
predominantly police-led operation to maintain security in and around 
the capital, as well as in remote communities near large commercial 
enterprises. The influence of former dictator Desi Bouterse within the 
military has declined steadily since 2000, although he still retained 
influence with some military officers. The civilian authorities 
maintained effective control of the security forces. A few members of 
the security forces committed isolated human rights abuses.
    The economy is market-based, with strong government participation; 
the Government and state-owned companies employed over half the working 
population. The population was approximately 480,000. The economy 
depended heavily on the export of bauxite derivatives. Unregulated gold 
mining was an increasingly important economic activity that highlighted 
a lack of land rights for indigenous and tribal people and lack of 
government control of the interior. Estimated gross domestic product 
grew by approximately 4.1 percent. By year's end, the inflation rate 
was estimated at 10 percent, compared with 25 percent in 2003. Civil 
servants received two 5 percent salary increases during the year, while 
salary increases by state-owned and private companies varied from 5 to 
10 percent. An estimated 50 to 60 percent of families lived below the 
poverty line.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Police mistreated 
detainees, specifically at the time of arrest; guards abused prisoners; 
and local detention facilities remained overcrowded. The judiciary 
suffered from ineffectiveness and a huge case backlog due to the 
shortage of judges, which resulted in lengthy pretrial detention. Self-
censorship by some media continued. Societal discrimination against 
women, minorities, and indigenous people persisted. Violence against 
women continued, and while the Government took steps to combat 
trafficking in persons, trafficking in women and underage girls and 
boys remained a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were reports 
of the arbitrary or unlawful deprivation of life committed by the 
Government or its agents. In May, two police officers shot and killed a 
defenseless suspect. The two officers were arrested, and an 
investigation remained pending at year's end. In two other cases of 
fatal shootings by police officers, investigations vindicated the 
officers.
    The Government still did not address past abuses, which continued 
to be a focus of concern. The Government did not investigate the 1986 
massacre of more than 50 civilians at the village of Moiwana. In 1997, 
the nongovernmental organization (NGO) Moiwana '86, established as a 
watchdog on this and other human rights issues, took the case to the 
Inter-American Commission on Human Rights (IACHR) and subsequently 
forwarded the case to the Inter-American Court on Human Rights after 
receiving no response from the Government. In September the Court heard 
the matter, and a decision was pending at year's end.
    The investigation into the 1982 killings by the Bouterse regime of 
15 prominent political, labor, business, and media leaders, ordered in 
2000 by the Court of Justice, continued throughout the year. A list of 
more than 30 suspects, drawn up at the start of the investigation, with 
Bouterse as the prime suspect, was reduced to less than 10. At mid-
year, the Prosecutor's Office declared the investigation completed, and 
local officials stated that the case would likely be tried in 2005.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, the Government had yet to investigate 
allegations of certain disappearances that occurred between 1983 and 
1991.

    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 documented cases of police mistreatment 
of detainees, particularly during arrests, and abuse of prisoners by 
prison officials.
    Human rights activists accused the police of using excessive force 
during arrests. There were reports that police shot and wounded five 
suspects, including armed dangerous criminals, during arrests. In 
January, police officers severely beat a suspect, who was taken to a 
doctor for medical treatment. As a result of investigation by the 
Police Personnel Investigation Department (OPZ), the officers received 
a disciplinary punishment.
    Through November, citizens filed 166 complaints with the OPZ, the 
majority of which were for physical mistreatment (see Section 1.d.). 
The authorities arrested 18 officers and disciplined 105 for various 
offenses, including brutality; 19 officers were incarcerated, 32 were 
suspended, and 5 were fired. According to human rights groups, 
inadequate training of police officers serving as the jailers at local 
detention facilities contributed to the abuses.
    Prison conditions were poor and, in many cases, did not meet 
international standards. There were three prisons and several detention 
facilities at police stations where detainees were held before 
appearing before a judge to be charged or to stand trial. Human rights 
monitors expressed concern about conditions in the prisons, 
particularly in local detention facilities, which remained overcrowded. 
At police stations, prison officials allowed detainees no exercise and 
rarely permitted them to leave their cells. Detainees and human rights 
groups also complained about inadequate meals. At mid-year, security 
concerns prompted prison officials to limit access by families to bring 
food, raising protests from the incarcerated. There generally was no 
consideration given to persons requiring a specific diet for religious 
reasons. Human rights monitors reported that guards mistreated 
detainees and that medical care and living conditions were inadequate.
    Violence among prisoners was common, and the authorities generally 
did not punish prisoners for violence against other prisoners. 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. In May, a government commission, installed in 
2003 to investigate treatment of detainees in prison facilities, 
presented its report to the Justice Minister. The commission 
recommended renovating all prison facilities and--to lessen 
overcrowding--an adjustment of the police detainment policy, such as 
releasing those charged with lesser crimes after their statements were 
taken.
    Male and female prisoners were held separately. Conditions in 
women's jail and prison facilities were generally better than those in 
the men's facilities. There was no separate facility for girls under 
the age of 18; girls were held in the women's detention center and in 
the women's section of one of the prison complexes.
    Juvenile facilities for both boys and girls between the ages of 10 
and 18 within the adult prison were considered adequate and included 
educational and recreational facilities. There was a separate wing of 
an adult prison for boys under age 18 who committed serious crimes, 
where recreational facilities were more limited. A steadily growing 
number of persons who already have been convicted but not yet placed in 
prisons, due to a lack of space in prison facilities, continued to be 
held in police custody or pretrial detention cells.
    Moiwana '86 monitored the conditions of prisoners. Representatives 
of the group reported that, in general, they had access to prisoners 
and received cooperation from prison officials on routine matters.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions; however, prisoners who appealed their cases often 
served their full sentences due to the lengthy appeals process 
resulting from the lack of judges. The Attorney General's Office 
reiterated its concern that prisoners who served their original 
sentence were not released on a timely basis. Defense lawyers often 
utilized an article of the Code of Criminal Proceedings that allows a 
judge to release a suspect if the case against the accused appears 
weak.
    The police force (Korps Politie Suriname) has approximately 1,200 
police officers and 350 civilians and is divided into 4 departments: 
Judicial (intelligence, forensics, fraud, narcotics, investigative), 
general, Paramaribo, and interior (outside of Paramaribo). Police 
effectiveness was hampered by a lack of equipment and training, low 
salaries, and poor coordination with other law enforcement agencies. 
Police conducted limited joint operations with the military in areas of 
the country that lacked a police presence. Corruption remained a 
problem, and senior officers met monthly with the Attorney General's 
Office to review corruption and other cases against the police. The OPZ 
investigated more than 100 complaints against officers and made 
recommendations on whether an officer should be punished internally or 
if criminal charges should be brought.
    Individuals were apprehended with warrants and were promptly 
informed about the charges against them. The police may detain for 
investigation for up to 16 days a person suspected of committing a 
crime for which the sentence is longer than 4 years, and an assistant 
district attorney or a police inspector may authorize incommunicado 
detention. The police must bring the accused before a prosecutor to be 
charged formally in that period, but, if additional time is needed to 
investigate the charge, a prosecutor and later a judge of instruction 
may extend the detention period an additional 150 days. The average 
length of pretrial detention was 30 to 45 days for lesser crimes. 
Detainees were often held in overcrowded detention cells at local 
police stations. There is no bail system. Detainees were allowed prompt 
access to counsel of their choosing, but the prosecutor may prohibit 
access if he thinks that this could harm the investigation. In 
practice, the courts freed detainees who were not tried within the 164-
day period, in accordance with the law. Defendants enjoyed a 
presumption of innocence.
    There were no reports of political detainees.

    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. The President had yet to confirm the Acting Attorney General, 
who has served in that position (which has lifetime tenure) since 2000. 
In addition, the President had yet to appoint a president of the Court 
of Justice; the acting president has also occupied his position since 
2000. The judiciary was significantly hampered by a shortage of judges, 
which limited the effectiveness of the civilian and military courts. 
There were only seven permanent judges and five deputy judges, some of 
whom served part-time, for the entire country, a number that human 
rights groups and lawyers associations widely viewed as inadequate.
    The judicial system consisted of three lower courts, two 
specialized courts, and the Court of Justice as an appeals court. 
Although the Constitution calls for the establishment of an independent 
constitutional court, the National Assembly has not created such a 
court due to concerns that it would have the authority to overturn 
government decisions. Other problems the judiciary faced included 
financial dependency on the Ministry of Justice and Police (and hence 
the executive branch), lack of professional court managers and case 
management systems to oversee the courts' administrative functions, and 
lack of space. These obstacles caused a significant case backlog. The 
courts required a minimum of 6 months to process criminal cases, and 
civil cases were resolved approximately 3 to 4 years after being heard 
by the courts.
    The Constitution provides for the right to a fair, public trial in 
which defendants have the right to counsel. There is no jury system. 
The courts assign private sector lawyers to defend indigent prisoners, 
paying the costs from public funds. However, court-assigned lawyers, of 
whom there were 14, generally appeared at the trial without prior 
consultation with defendants. According to Moiwana '86, these lawyers 
often did not appear at all. Detainees have the right to a prompt 
judicial determination of the legality of their detention, and this was 
respected in practice.
    Military personnel generally are not subject to civilian criminal 
law. A member of the armed forces accused of a crime immediately comes 
under military jurisdiction, and military police are responsible for 
all such investigations. Military prosecutions are directed by an 
officer on the public prosecutor's staff and take place in separate 
courts before two military judges and one civilian judge. The military 
courts follow the same rules of procedure as the civil courts. There is 
no appeal from the military to the civil system.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice. The law 
requires warrants, which are issued by quasi-judicial officers who 
supervise criminal investigations, for searches. The police obtained 
them in the great majority of investigations.
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 and did not restrict academic 
freedom.
    Some media members continued to practice occasional self-
censorship, due to a history of intimidation and reprisals by certain 
elements of the former military leadership and to pressure by senior 
government officials and other important community leaders on 
journalists publishing negative or unflattering stories about the 
administration.
    There were 4 daily newspapers, 14 television stations, and 
approximately 25 radio stations. Two television stations and two radio 
stations were publicly owned. Three companies, one owned publicly, 
provided cable television, which included foreign channels.
    Unlike the previous year, journalists and media entities were free 
from harassing lawsuits by public figures.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution and the law provide for 
these rights, and the Government generally respected them in practice.
    The Constitution does not address exile; however, it was not used 
in practice.
    The law does not provide for the granting of asylum or refugee 
status in accordance the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has not established a 
system for providing protection to refugees. Under special 
circumstances, persons may be granted refugee status, and, in practice, 
the Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. During the year, 
the Government did not grant asylum or refugee status.
    The Government cooperated with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees and asylum seekers.
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 regularly scheduled, free, and fair elections held on the basis 
of universal suffrage; however, in its 29 years of independence, the 
country has experienced two military coups, 7 years of military rule, 
and one instance in which massive public demonstrations forced an 
agreement to hold elections a year early.
    The Constitution stipulates that power and authority rest with the 
citizens and provides for direct election by secret ballot of the 51-
member National Assembly every 5 years. The National Assembly in turn 
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. Various parties and two political coalitions were 
represented in the National Assembly. President Venetiaan formed his 
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.
    Corruption of government officials remained a problem; however, the 
Government prosecuted former Finance and Natural Resource Minister 
Errol Alibux for embezzlement. Alibux, who was convicted in absentia 
for corruption in November 2003, returned to the country and 
surrendered to law enforcement authorities in January. He contested the 
Court of Justice verdict against him (a 1-year prison term and 3-year 
bar from public office) via the Inter-American Human Rights Commission, 
since the Court of Justice is the highest court in the country, and he 
had no venue for appeal. The appeal was pending at year's end.
    Laws provide for public access to government information, and 
almost every Ministry has an information service; however, access to 
government information was limited in practice.
    Historical and cultural factors, such as early, arranged marriages 
for Hindu and Muslim women, impeded equal participation by women in 
leadership positions in government and political parties. In the past, 
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, and a woman was Vice Chairperson of the 
National Assembly. The Cabinet included three women--Minister of 
Foreign Affairs, Minister of Internal Affairs, and Deputy Minister of 
Social Affairs. In 2001, the first woman judge joined the Court of 
Justice.
    The Constitution prohibits racial and religious discrimination; 
however, 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 takes place in the capital, Paramaribo, 
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. There were three Maroon and one Amerindian political 
parties. In 2000, 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
    A number of domestic and international human rights groups, such as 
Organization for Justice and Peace, Foundation ``Know Your Rights,'' 
and Moiwana '86, generally 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, Societal Abuses, and Trafficking in Persons
    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 societal groups, including 
Maroons, Amerindians, and homosexuals, suffered various forms of 
discrimination. Societal discrimination against persons with HIV/AIDS 
also continued. Hospital workers and other health professionals were 
reluctant to treat infected persons.

    Women.--Violence against women was a common problem, which the 
Government had not addressed specifically. The law does not 
differentiate between domestic violence and other forms of assault. 
According to a national women's NGO, Stop Violence Against Women, 
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. Police 
received more than 700 reports of domestic violence during the year. In 
2002, Stop Violence Against Women, which received reports of 
approximately 300 abuse cases during the year, stated that of the 
approximately 300 women reporting abuse most were married, between the 
ages of 25 and 50, had 2 to 3 children, and were 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 had improved. There were victims' rooms in police 
stations in Nickerie and Paramaribo to provide better services to crime 
victims. There was no domestic violence hotline.
    The law prohibits non-spousal rape. The police reported 59 cases of 
non-spousal rape during the first 9 months of the year. The public 
prosecutor's office estimated that approximately 15 rape cases were 
concluded during the year, with sentences ranging between 5 months' and 
5 years' imprisonment.
    The law prohibits sexual exploitation, including prostitution; 
however, in practice, prostitution generally was tolerated. In 
December, concerns about the link between prostitution and trafficking 
in persons resulted in raids on commercial sex locations and arrests of 
prostitutes. Poverty continued to put young women at risk of becoming 
prostitutes. The presence of large groups of illegal miners in the gold 
mining sector in the interior drew many young Maroon women into 
prostitution. 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, held against 
their will, or having their passports retained by brothel owners to 
ensure fulfillment of work contract obligations (see Section 5, 
Trafficking).
    Various laws were used to prosecute perpetrators of sexual 
harassment, and several cases of sexual abuse against minors came to 
trial. The Youth Police reported more than 25 cases of sexual abuse 
against minor; 13 cases came to trial, resulting in sentences averaging 
3 years in prison.
    Women have the legal 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 with respect to marriage and inheritance. Social 
pressures on families to have their daughters married at or near the 
legal age of marriage consent frequently interfered with the girls' 
education and resulted in the direct passage of all property the women 
would have inherited from their parents to their husband and parents-
in-law in accordance with these customs. Women experienced economic 
discrimination in access to employment and in rates of pay for the same 
or substantially similar work. A 2002 report showed that approximately 
88 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.
    The National Gender Bureau in the Ministry of Internal Affairs 
prepared an Integral Gender Action plan for 2000-2005; however, 
financial and staffing constraints greatly limited its effectiveness. 
The principal concerns of women's groups were political representation, 
economic vulnerability, violence, and discrimination.
    The National Women's Movement, the most active women's rights NGO, 
continued assisting women with launching small home-based businesses, 
such as sewing and growing vegetables, and provided general legal help. 
Women's Business Group advocated business opportunities for women, 
while Women's Parliament advocated opportunities in the public sector. 
Stop Violence Against Women provided assistance to victims of domestic 
violence, including legal help with dissolving an abusive marriage. The 
Maxi Linder Foundation worked with commercial sex trade workers, 
including women and children who were victims of trafficking, and 
conducted outreach and informational sessions to inform victims of 
human rights abuses about their rights. Resource constraints continued 
to limit the effectiveness of these groups.

    Children.--The Government allocated limited resources to ensure 
safeguards for the human rights and welfare of children. Schooling is 
compulsory until 12 years of age, although some school-age children did 
not have access to education due to a lack of transportation, building 
facilities, or teachers. School attendance was free; however, most 
public schools imposed a nominal enrollment fee, ranging from $10 to 
$35 (SRD 25 to SRD 100) a year to cover costs. Approximately 85 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 
50 percent actually attended school. There was no legal difference in 
the treatment of girls and boys in education or health care services, 
and, in practice, both were treated equally. Children faced increasing 
economic pressure to discontinue their education to seek employment 
(see Section 6.d.).
    Unlike in the past, there were no reports of malnutrition among 
poor children. There were several orphanages and one privately funded 
shelter for sexually abused children in the capital, where more than 50 
percent of the country's population was concentrated. Elsewhere, 
distressed children usually relied on the resources of their extended 
families.
    Government medical care for children was generally adequate, and 
vaccination for all children was obligatory. However, the Government 
offered very limited mental health care. An NGO, The Bureau for Child 
Development, provided mental health care for abused children. There was 
a home for HIV/AIDS orphans and abandoned children in Paramaribo.
    There was no societal pattern of abuse directed against children; 
however, some children were sexually abused. The legal age of sexual 
consent is 14; however, it was not enforced strictly. In March, the 
National Assembly adjusted the Asian Marriage Law to raise the age of 
marriage consent from 13 to 15 for Asian girls and 15 to 17 for Asian 
boys, provided parents of the parties agree to the marriage. The age of 
marriage consent for all other (non-Asian) Surinamers remains at 18 
with parental permission, and the permission requirement applies to all 
individuals up to age 30. The law also mandated the presence of a Civil 
Registry official to register all marriages.
    Trafficking and commercial sex exploitation of minors remained a 
problem (see Section 5, Trafficking). The Salvation Army and a Catholic 
charitable organization provided shelter for homeless boys.

    Trafficking In Persons.--No comprehensive trafficking in persons 
law exists, but statutes that apply only to women and children prohibit 
``white slavery,'' migrant smuggling, and pimping. In practice, these 
statutes were rarely enforced, and trafficking in persons, including 
for sexual exploitation, remained a problem. The Police Criminal Law 
prohibits solicitation, but the law was not enforced. The Government's 
Anti-trafficking Commission had primary responsibility for combating 
trafficking; the Commission included representatives from law 
enforcement (Attorney General's Office and the Military Police, which 
handles immigration), the ministries of Justice and Police, Labor, 
Defense, and Foreign Affairs, and the Maxi Linder Foundation. The 
Commission submitted a proposal to the Minister of Justice and Police 
in November to bring current legislation in accordance with 
international anti-trafficking standards.
    There were reports of trafficking of women and girls to, through, 
and within the country for prostitution. Several commercial sex trade 
establishments in the capital reportedly recruited Brazilian, 
Colombian, Dominican, Guyanese, and Chinese women for prostitution. 
There also were reports of underage Hindustani and Maroon girls and 
Javanese and Hindustani boys trafficked within the country for 
prostitution by recruiters or caretakers. The police had informal 
agreements with many brothel owners allowing them to proceed with their 
business. However, police conducted random checks to ensure that women 
were not mistreated, that no minors were present, and that owners did 
not keep the women's airline tickets and passports. During the year, 
there were fewer than 10 reports of brothel owners retaining passports 
and airline tickets to uphold contract obligations. In such cases, the 
police assisted these women to return to their country of origin at 
their own expense. There were no trafficking convictions during the 
year; however, on December 10, the police arrested the Deputy District 
Commissioner of the district of Nieuw Nickerie for trafficking four 
young Guyanese women into the country for prostitution. The 
commissioner allegedly enticed the women, one of whom was underage, 
with promises of employment as restaurant waitresses but, upon their 
arrival, forced them to work as prostitutes. At year's end, he remained 
in detention pending a hearing in his case. There were also reports 
that persons were trafficked to work in Chinese restaurants and 
supermarkets.
    The Public Prosecutor's Office and the police established a 
registry of all brothels and their employees by nationality. The Public 
Prosecutor's Office, in cooperation with police officials, extended 
services provided to victims of domestic violence to possible 
trafficked victims and, in May, established a ``special victims' unit'' 
and a telephone hotline to handle all cases from the commercial sex 
industry. The Maxi Linder Foundation continued assisting trafficking 
victims in the commercial sex industry. Police cooperated with Curacao 
and Guyana law enforcement on three trafficking in persons cases.
    In November, the Anti-trafficking Commission, with the approval of 
the Minister of Justice and Police, issued a National Action Plan to 
combat trafficking in persons and two operations manuals on identifying 
and prosecuting trafficking, one for police and another for 
immigration. In December, pursuant to the plan, the Minister of Justice 
and Police created a Special Police Unit to conduct investigations and 
raids. Police raids on brothels and informal commercial sex locations 
resulted in the deportation of several prostitutes. Other steps 
outlined in the plan included instituting a system of checks for visa 
adjudications and preventing trafficking through informational 
campaigns. Success in implementing these was not yet clear at year's 
end.
    On February 24, the popular radio and television station ABC began 
running public education programming aimed at combating trafficking in 
persons. In early March, ABC held two 1-hour television and radio 
interviews with government and NGO representatives to discuss 
trafficking issues. On October 27-28, an International Organization for 
Migration program in Paramaribo focused on preventing trafficking in 
persons and assisting its victims. The program targeted an audience of 
approximately 30 government officials. In November and December, the 
country's two leading newspapers published articles on trafficking in 
persons that quoted senior public officials.

    Persons With Disabilities.--There were no laws concerning persons 
with disabilities, no provisions for making private or public buildings 
accessible to them, nor any laws mandating that they be given equal 
consideration when seeking jobs or housing. Some training programs were 
provided for the blind and others with disabilities. In general, 
persons with disabilities suffered from discrimination when applying 
for jobs and services.

    National/Racial/Ethnic Minorities.--The law prohibits 
discrimination on the basis of race or ethnicity, and no discrimination 
complaints were filed during the year; however, Maroons, who numbered 
approximately 10 percent of the population, continued to be 
disadvantaged in the areas of education, employment, and government 
services. Most Maroons lived in the interior, where limited 
infrastructure narrowed their access to educational and professional 
opportunities and health and social services. Maroons in Paramaribo 
suffered from negative social stereotypes. In a March report to the 
U.N. High Commission for Human Rights, the Government stated that 
employers did not discriminate against Maroons and that Maroons (as 
well as Amerindians) were consulted when rights to their traditional 
agricultural and hunting lands were granted to various concessionaires. 
The report did acknowledge logistical and financial difficulties the 
Government faced in providing education to populations spread out over 
large distances and conceded the need to do more to address health and 
environmental concerns linked to gold mining, such as mercury 
contamination.
    The start of official gold mining activities by the Gross Rosebel 
Goldmines Company raised protests in June and July from neighboring 
Maroon villages regarding the company's recruitment policy and 
competition for land rights for their own mining activity. The Maroon 
residents blocked roads to the mining operations and commandeered a bus 
carrying company workers, who were later released unharmed. The police 
restored order, and no one was arrested.

    Indigenous People.--The Constitution affords no special protection 
for, or recognition of, indigenous people. Most Amerindians (about 3 
percent of the population) 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 1986-92 interior war; progress in reestablishing services 
and rebuilding the infrastructure was very slow. Following 
demonstrations in 2001 by veterans of the Jungle Commando, who played a 
large role in the insurgencies, their de facto leader Ronny Brunswijk 
and the Minister of Regional Development agreed to schedule quarterly 
meetings to monitor implementation of the 2001 Lelydorp Accord. 
Official and informal meetings between the involved parties continued 
without substantive results. During the year, the Government integrated 
10 former Jungle Commando members into the police but had not 
implemented the native land rights portion of the agreement. The 
Government's March report to the U.N. High Commission on Human Rights 
described actions taken to protect the rights of Amerindians and 
Maroons, as well as areas for improvement (see Section 5, Minorities). 
The Government proclaimed the U.N.'s International Indigenous Day a 
holiday.
    The Amerindian (and Maroon) populations continued to face problems 
with illegal and uncontrolled logging and mining.
    Organizations representing Maroon and Amerindian communities 
complained that small-scale mining operations, mainly by illegal 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.
    In 2000, the Vereniging van Saramakaanse Gezagdragers, an 
organization representing 12 Saramaccaner clans with authority over 60 
villages in the Upper Suriname River area of central Suriname, filed a 
petition with the IACHR claiming that lumber operations, mostly by 
Chinese-owned concessions, threatened their way of life. The IAHCR 
heard the case, and its decision remained pending at year's end. The 
concessionaries ceased their activities. Meanwhile, the Government 
granted permission to a Chinese company to start a palm-oil factory in 
the district of Marowijne in the eastern part of the country. The 
company also received permission for large-scale logging in concessions 
around the factory. The Maroon communities in the vicinity of the 
factory protested and threatened to use violence if the Chinese began 
logging activities; however, a government-established interagency 
committee mediated, urging acceptance of the deal, since the company 
would hire local workers. In December, the company and the interagency 
committee reached agreement for logging to begin within 3 months. Human 
rights and environmental groups continued monitoring the joint venture 
activities of SURALCO and BHP Billiton, which were exploring the 
possibility of mining bauxite and generating hydropower in the western 
part of the country.
    Maroon and Amerindian groups continued to cooperate with each other 
in an effort to exercise their rights more effectively.

    Other Societal Abuses.--The law prohibits discrimination on the 
basis of sexual orientation; however, homosexuals continued to suffer 
from employment discrimination. Persons with HIV/AIDS continued to 
experience societal discrimination in employment and medical services.
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.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution recognizes the right to organize and bargain collectively, 
and the authorities generally respected this right in practice. 
Collective bargaining agreements covered approximately 50 percent of 
the labor force. There are no export processing zones.
    The Constitution provides for the right to strike, and workers in 
both public and private sectors exercised this right in practice.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, a 
local NGO reported that child prostitution existed (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law sets the minimum age for employment at 14 years and restricts 
working hours for minors to day shifts but does not specify the length 
of such day shifts. Children younger than 18 are prohibited from doing 
hazardous work, defined as work dangerous to their life, health, and 
decency; and those younger than 14 are only allowed to work in a family 
or special vocational setting or for educational purpose. However, the 
Ministry of Labor and the police enforced this law only sporadically, 
and child labor remained a problem in the informal sector.
    Children under 14 worked as street vendors, newspaper sellers, rice 
and lumber mill workers, packers for traders, or shop assistants. 
Working hours for youths were not limited in comparison with the 
regular work force. Employers in these sectors did not guarantee work 
safety, and children often worked barefoot and without protective 
gloves, with no access to medical care. Although government figures 
reported that only 2 percent of children were economically active, a 
2002 survey conducted by the Institute for Training and Research found 
that 50 percent of children between the ages of 4 and 14 were 
economically active, working mainly in the informal sector. The worst 
forms of child labor, such as prostitution, remained a problem; there 
were reports of abuse of commercial sexual exploitation of children and 
teens by caretakers and older recruiters (see Section 5). In June, the 
country ratified International Labor Convention 182 on the elimination 
of the worst forms of child labor.
    The Ministry of Labor's Department of Labor Inspection, with about 
30 inspectors, has responsibility to implement and enforce the labor 
laws, including those pertaining to the worst forms of child labor. 
Staff shortages limited the extent and frequency of labor inspections; 
inspectors performed approximately 10 inspections per day, concentrated 
in the greater capital area and in the western district of Nickerie, 
where most of the population lives. The Government did not investigate 
exploitative child labor cases outside urban areas. An estimated total 
of 450 inspections were performed during the year, with none resulting 
in penalties or convictions for child labor. As in the past, labor 
inspectors were not authorized to conduct inspections in the informal 
sector, where child labor remained a problem, as responsibility for 
controlling the informal sector lies with police.
    In September, the police began raids on known child labor locations 
in Paramaribo, including street spots where underage vendors worked, as 
well as nightclubs, casinos and brothels, in order to combat the 
problem.
    Suriname Labor College and other unions subsidized by the Ministry 
of Labor conducted campaigns aimed at eliminating child labor in its 
worst forms in various districts of the country, including Nickerie, 
Paramaribo, and Marowijne; the campaign targeted public and private 
sector officials, school teachers, students, and caregivers.

    e. Acceptable Conditions of Work.--There was no legislation 
providing for a minimum wage. Including a cost of living allowance, the 
lowest wage for civil servants was approximately $160 (SRD 427) per 
month, which did not 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 approved 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 
occupational safety and health regulations. Resource constraints and 
lack of trained personnel precluded the division from making regular 
inspections. 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.

                               __________

                          TRINIDAD AND TOBAGO

    Trinidad and Tobago is a parliamentary democracy governed by a 
prime minister and a bicameral legislature. Parliament also elects a 
president, whose office is largely ceremonial but with some appointive 
power. In the 2002 general elections, which observers considered free 
and fair, Prime Minister Patrick Manning's People's National Movement 
(PNM) secured a 20 to 16 seat victory over the United National Congress 
(UNC), breaking an 18 to 18 tie in Parliament and ending a 9-month 
parliamentary stalemate. The judiciary is independent.
    The Ministry of National Security oversees the police service, 
prison service, and the defense force, rendering them responsive to 
civilian authority. The police service maintains internal security. The 
defense force is responsible for external security but also has certain 
domestic security responsibilities. An independent body, the Police 
Service Commission, makes hiring and firing decisions in the police 
service, and the Ministry had little direct influence over changes in 
senior positions. While the civilian authorities maintained effective 
control of the security forces, some members of the security forces 
committed human rights abuses.
    Oil and natural gas production and related downstream petrochemical 
industries, including ammonia and methanol production, comprised the 
foundation of the market-based economy. The country's population was 
approximately 1.3 million. The service sector was the largest employer, 
although the industrial and construction sectors also were significant. 
Real Gross Domestic Product grew at 6.2 percent, while inflation was 
4.75 percent. Wages generally did not keep pace with inflation. 
Favorable energy prices contributed to the overall well being of the 
economy.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were police 
killings during apprehension and deaths of persons while in custody, 
poor prison conditions, and reports of police and guard abuse of 
prisoners. Violence against women remained a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
politically motivated killings by the Government and its agents; 
however, 21 persons died during the year while in police custody or at 
the hands of police. Excessive use of force continued to be a concern.
    On January 24, a police officer shot two unarmed men during an 
altercation at a Carnival party. One of the men died instantly, while 
the other man fled. In June, a Magistrate's Court charged the officer 
with manslaughter and released him on bail pending a trial.
    On April 2, police shot and killed Galene Bonadie with an assault 
rifle. Bonadie reportedly was involved in a verbal altercation with 
police when an officer shot her in the head at close range. The 
Director of Public Prosecutions ordered an inquest into the incident, 
and the Homicide Bureau interviewed four policemen and six 
eyewitnesses. A trial was underway at year's end.
    On June 13, Noel Stanley died in police custody after he was 
apprehended for alleged possession of marijuana. Stanley died in the 
emergency room 3 hours after his arrest. A postmortem found signs of 
beating and strangulation. The Homicide Bureau investigated the 
incident, and a final disposition was pending at year's end.
    There were no developments in the 2003 case of Gideon Edwards, who 
was killed by police, or the 2003 case of Shaun McLeod, who died while 
in police custody.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Criminal kidnappings continued to be a problem, with 165 reported 
incidents at year's end. Citizens especially were concerned with 
kidnappings for ransom, 28 of which occurred during the year; however, 
this total represented a considerable reduction from the 51 reported 
incidents in 2003.

    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 mistreating 
citizens in incidents that involved beating and sexual abuse.
    In April, Camille Mitchell claimed that she suffered a miscarriage 
as a result of police mistreatment during a search of her home. 
Mitchell was involved in a physical altercation with her cousin when 
the officer allegedly slapped her and slammed her into a chair.
    Also in April, a Golden Grove Remand Center inmate claimed that 
prison guards beat him with a hose and sexually assaulted him with a 
wooden baton. The prisoner sued five officers and the Office of the 
Attorney General. The Commissioner of Prisons conducted an 
investigation and submitted a report to the Minister of National 
Security. Additional investigations were ongoing at year's end.
    In June, Noel Stanley died in police custody after police officers 
allegedly severely beat him (see Section 1.a.).
    In July, Danesh Mahabir sued police officials for assault and 
battery and unlawful detention that occurred in November 2003. During 
the incident, police allegedly knocked Mahabir to the ground, kicked 
him in the ribs, beat him with a baton, and slammed his hands in a car 
door. The suit was ongoing at year's end.
    Prison conditions were harsh. Overcrowding was severe, particularly 
at the Port of Spain Prison, which held approximately 900 prisoners, 
although designed to hold only 250 inmates when it was built in 1812. 
Amnesty International (AI) reported that one cellblock held 114 
prisoners in 10 feet by 10 feet cells, with upwards of 14 prisoners per 
cell.
    Conditions were extremely unsanitary. Illnesses such as 
tuberculosis, HIV/AIDS, conjunctivitis, and scabies spread easily. 
Waste for one cellblock was disposed of within 5 feet of the meal 
preparation area, and there were reports of insects infesting the 
entire facility. During the year, AI reported that conditions amounted 
to ``cruel, inhuman, and degrading treatment.''
    Conditions at the maximum-security prison in Arouca and the Golden 
Grove Remand Center also were poor. On two separate occasions, judges 
declined to sentence elderly convicts to prison terms, citing the risk 
of death due to unsanitary conditions and inadequate medical 
facilities.
    The maximum security prison had an intended capacity of 2,400 
persons but, due to a faulty sewage system and inadequate electronic 
security, held only 800 prisoners and did little to relieve the 
overcrowding in the detention system.
    There was a separate prison facility for women, and conditions 
generally met international standards. The Youth Training Center held 
children between the ages of 15 and 19. Younger children were sent to 
the Boy's Industrial School.
    Pretrial detainees were held separately from convicted prisoners, 
although they could be in the remand section of the same facilities as 
convicted prisoners.
    The Government permitted prison visits by independent human rights 
observers, but the Ministry of National Security must approve each 
visit. Following prison visits during the year, members of the Criminal 
Bar Association threatened legal action if the Government did not take 
steps to improve prison conditions.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.
    The national police force is divided into 9 countrywide divisions, 
including 17 specialized branches, and had approximately 7,000 members. 
The Police Service Commission, upon consultation with the Prime 
Minister, appoints a Commissioner of Police to oversee the police 
force. Municipal police under the jurisdiction of 14 regional 
administrative bodies supplement the national service. A Special Crime 
Fighting Unit, composed of police and Defense Force personnel, 
conducted joint operations to combat violent crime, kidnappings for 
ransom, and other security issues.
    Police corruption continued to be a problem. On at least two 
occasions during the year, police were apprehended with drugs, guns, 
and grenades and in connection with other illicit activities. An 
independent body, the Police Complaints Authority, received complaints 
about the conduct of police officers, monitored the investigation of 
complaints, and determined disciplinary measures where appropriate, 
including dismissal. However, Police Service Commission restrictions 
limited the authority's ability to dismiss police officers, and a large 
backlog of outstanding complaints eroded the public's confidence in 
this organization. Recent governments identified a need for reform 
because the commission inhibits how the commissioner and his senior 
staff may discipline offending officers operationally.
    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 may, and customarily did, 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 have the authority, under the Summary Courts Act, 
to grant bail to individuals charged with summary offenses. Detainees 
were granted prompt access to a lawyer and to family members.
    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.
    Lengthy pretrial detention, which resulted from heavy court 
backlogs and an inefficient judiciary system, continued to be a 
problem. On average, criminal indictees waited 19 months before going 
to trial, and some inmates had not seen an attorney for 3 years or 
more. In July, the Fourth Criminal Court acquitted Nicholas John and 
Keino Lewis of murder after they had spent 7 years in jail awaiting 
trial. In July, two men sued the Attorney General for false 
imprisonment and malicious prosecution after spending more than a year 
in prison on charges for which they later were acquitted. As of July, 
more than 17,000 matters remained outstanding before the courts, dating 
from 1998. Courts handled an average of 35 to 60 matters per day and 
11,434 cases per year.

    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, albeit at a slow pace due to backlogs and 
inefficiencies. In a speech opening the annual law term, Chief Justice 
Satnarine Sharma described dilapidated court buildings unfit for 
proceedings, archaic rules, an antiquated court reporting system, poor 
caseload management, and slow, expensive, and inequitable access to 
justice.
    The judiciary is divided into a Supreme Court of Judicature and the 
Magistracy. The Supreme Court is composed of the Court of Appeal and 
the High Court; the Magistracy includes the summary courts and the 
petty civil courts.
    All criminal proceedings commence with the filing of a complaint in 
the summary court. Magistrates try minor offenses. For more serious 
offenses, the magistrate must conduct a preliminary inquiry. If there 
is sufficient evidence to support the charge, the accused is committed 
to stand trial before a judge and jury of the High Court. All civil 
matters are 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 generally enforced this right. All criminal 
defendants have the right to an attorney and are considered innocent 
until proven guilty. In practice, the courts sometimes appointed 
attorneys for indigent persons charged with indictable offenses 
(serious crimes). The law requires the provision of an attorney to a 
person accused of murder. An indigent person may refuse to accept an 
assigned attorney for cause and may obtain a replacement.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice and did not restrict academic 
freedom. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press.
    A Board of Film Censors is authorized to ban films that it 
considers to be against public order and decency or contrary to the 
public interest. This includes films that it believes may be 
controversial in matters of religion or race, or that contain seditious 
propaganda. In practice, films rarely were banned.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    There was no official state religion and the Government did not 
subsidize any particular religion. The Government limited the number of 
foreign missionaries allowed to enter the country to 30 per 
denomination. Missionaries must meet standard requirements for an entry 
visa, must represent a registered religious group, and may not remain 
in the country for more than 3 years at a time.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The Constitution prohibits forced exile, and it was not used.
    In 2000, the Government acceded to the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol, but the 
Government still had not passed legislation to implement obligations 
accepted under the Convention. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees and asylum seekers. 
The Government placed asylum seekers in the care of a local 
nongovernmental organization (NGO) pending resolution of their cases, 
which were reviewed by the office of the 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.
    During the year, 13 individuals (6 Liberians, 5 Haitians, 1 
Bangladeshi, and 1 Rwandan) requested asylum, and their applications 
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. Citizens could freely choose and change the laws 
and officials that govern them. The most recent national election was 
held in October 2002, and observers found it to be generally free and 
fair.
    The two major political parties were the PNM (primarily but not 
exclusively Afro-Trinidadian) and the UNC (primarily but not 
exclusively Indo-Trinidadian). Voters in the 2002 national elections 
supported the PNM, which retained control of the Government. The PNM 
has held power continuously since independence in 1962, with the 
exception of 1986-91 (National Alliance for Reconstruction) and 1995-
2001 (UNC). The PNM's dominance was not due to government restrictions 
on the political opposition.
    According to Transparency International, the perception of 
corruption in the country increased each year since 2001. During the 
year, the courts heard a case that implicated members of the then-
governing UNC in embezzlement and bid rigging on the Piarco Airport 
expansion project. The proceedings were still ongoing at year's end.
    The Freedom of Information Act provides for public access to 
government documents upon application. The Integrity in Public Life Act 
mandates that government figures publicly disclose their assets each 
year to an Integrity Commission. In 2002, former Prime Minister Panday 
was arraigned in Magistrate's Court under this Act in connection with 
alleged corruption that occurred during his tenure as Prime Minister.
    There were 21 women in the 66-seat legislature; there were 6 women 
in the cabinet.
    Both major political parties reached out to voters from relatively 
small ethnic groups, and members of these groups occupied significant 
positions in the Government. There were 6 members of minorities in the 
66-seat legislature. There was one member of a minority in the cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
generally were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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.--Abuse of women continued to be a significant problem. Local 
NGOs estimated that abuse affected 20 to 25 percent of women, although 
there were no reliable statistics available. 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. The Domestic Violence Act provides for penalties, including 
fines and imprisonment, for spousal abuse. Police were somewhat 
responsive to reports of domestic violence, but NGOs reported a need 
for further reforms. The Government operated a 24-hour hotline for 
victims of rape, domestic violence, or other violence against women, 
which received calls and referred victims to shelters, counseling, or 
other assistance. The police service reorganized its community police 
unit, which had been trained especially to deal with crimes against 
women, attaching its members to regular units to train other officers 
and expand its reach.
    Rape was illegal and punishable by life imprisonment, although the 
courts often issued significantly shorter sentences. Murder, rape, and 
other crimes against women were reported frequently, but NGOs estimated 
that many sexual crimes went unreported. Police generally were 
responsive to reports of rape; however, there also were many complaints 
of police insensitivity in dealing with rape victims.
    Two government ministries, operating independently, directed the 
NGOs that ran most of the country's social programs addressing domestic 
violence, including eight shelters for battered women. A rape crisis 
center offered counseling for rape victims on a voluntary basis.
    Prostitution is illegal, and the authorities continued to monitor 
and pursue prosecutions against persons charged with soliciting for the 
purpose of prostitution.
    There are no laws specifically pertaining to sexual harassment, 
although related laws could be applied. Most cases of sexual harassment 
in the workplace went unreported.
    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, and pay discrepancies existed. Women had equal inheritance 
rights, including after divorce or separation from their spouses. 
Women's attendance in primary and secondary school was equal to that of 
men's.
    The Division of Gender Affairs in the Ministry of Community 
Development, Culture, and Gender Affairs was responsible for protecting 
women's rights in all aspects of government and legislation. Several 
active women's rights groups also existed, including the Women's 
Federation and Working Women for Social Progress.

    Children.--A lack of funds and expanding social needs challenged 
the Government's ability to carry out its commitment to protect 
children's rights and welfare. Education was free, compulsory, and 
universal up to age 12. The Ministry of Education estimated that 89 
percent of school age children attended school. Public education was 
available through age 20, and most students achieved the equivalent of 
a high school diploma. Some parts of the public school system failed to 
meet the needs of the school age population due to overcrowding, 
substandard physical facilities, and occasional classroom violence. The 
Government committed resources to building new facilities and expanded 
access to free secondary education.
    Medical care for children was widely available, and both girls and 
boys enjoyed equal access.
    The Domestic Violence Act provides protection for children abused 
at home. Abused children removed from the home were placed with 
relatives, government institutions, or NGOs.
    The law establishes the upper age in the definition of a child at 
18 years of age, abolishes corporal punishment for children under 18, 
and prohibits sentencing a person under 18 to prison.

    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. In the event of 
trafficking, perpetrators can be prosecuted under several related laws, 
with penalties ranging from 7 years' to life imprisonment. There were 
no prosecutions during the year. The Government had not designated a 
specific agency to combat trafficking in persons, and it sponsored no 
public awareness campaigns to address this issue during the year. 
Domestic NGOs handled the care and oversight of trafficking victims.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. No legislation 
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, provided direct services to members or 
clients with disabilities.
    The Office of the Prime Minister's Social Services Delivery Unit is 
responsible for addressing the concerns of the disabled community. In 
August, this agency held a consultation conference with members of the 
disabled community and other stakeholders to review the Government's 
National Policy on Persons with Disabilities.

    National/Racial/Ethnic Minorities.--Various ethnic and religious 
groups lived together peacefully, generally respecting one another's 
beliefs and practices. However, at times, racial tensions appeared 
between Afro Trinidadians and Indo-Trinidadians, each of which make up 
approximately 40 percent of the population. Indo-Trinidadians and 
persons of European, Middle Eastern, or Asian descent dominated the 
private sector. Indo-Trinidadians predominated in agriculture as well. 
Afro-Trinidadians were employed heavily in the civil service, police, 
and armed forces. Some Indo-Trinidadians asserted that they were 
excluded from equal representation in the civil service due to racial 
discrimination. Some Indo-Trinidadians also denounced the use of the 
Trinity Cross as the nation's highest award, claiming that its 
Christian motif was not representative of a multi-religious society.

    Indigenous People.--A very small group of the population identified 
themselves as descendants of the original Amerindian population of the 
country. The Government effectively protected their civil and political 
rights, and they were not subject to discrimination.
Section 6. Worker Rights
    a. The Right of Association.--The Industrial Relations Act (IRA) 
provides that all workers, including those in state-owned enterprises, 
may form and join unions of their own choosing without prior 
authorization. The IRA provides for the mandatory recognition of a 
trade union when it represents 51 percent or more of the workers in a 
specified bargaining unit. An estimated 18 percent of the work force 
was organized in approximately 25 active unions. Most unions were 
independent of government or political party control, although the 
Sugar Workers' Union historically was allied with the UNC.
    A union also may bring a request for enforcement to the Industrial 
Court, which may order employers who are found guilty of anti-union 
activities to reinstate workers and pay compensation, or impose other 
penalties including imprisonment

    b. The Right to Organize and Bargain Collectively.--The law allowed 
unions to conduct their activities without interference, to participate 
in collective bargaining, and to strike, and the Government protected 
these rights in practice. However, employees in ``essential services,'' 
such as police and teachers, do not have the right to strike. These 
employees negotiated with the Government's Chief Personnel Officer to 
resolve labor disputes. There are several export processing zones 
(EPZs). The same labor laws applied in the EPZs as in the rest of the 
country.
    There were significant legal strikes during the year.
    The Labor Relations Act prohibits retaliation against strikers and 
provides for grievance procedures through the Industrial Court. This 
court consisted of government, business, and labor representatives, and 
most observers considered it to be impartial.

    c. Prohibition of Forced or Compulsory Labor.--The law does not 
specifically prohibit forced or compulsory labor, including by 
children; however, there were no reports that such practices occurred.

    d. Prohibition of Child Labor 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 Enterprise Development and the Social 
Services Delivery Unit of the Office of the Prime Minister are 
responsible for enforcing child labor provisions. Enforcement was not 
consistent because there was no comprehensive government policy on 
child labor, and there were no specific systematic mechanisms for 
receiving, investigating, and addressing child labor complaints.
    There was no organized exploitation of child labor, but a 2002 
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.
    The Government ratified ILO Convention 182 on elimination of the 
worst forms of child labor in April 2003; however, it had yet to enact 
the relevant enabling legislation by year's end. In August, the 
Government held the inaugural meeting of the National Steering 
Committee on the Prevention and Elimination of Child Labour. The 
Committee was tasked with developing a comprehensive National Policy on 
child labor.

    e. Acceptable Conditions of Work.--The national minimum wage is 
$1.33 (TT$8.00) per hour, which did not provide a decent standard of 
living for a worker and family. Actual wages varied considerably among 
industries, and most workers earned more than the minimum wage. The 
Ministry of Labor enforced minimum wage regulations.
    The Minimum Wages Act establishes a 40-hour workweek, time and a 
half pay for the first 4 hours of overtime on a workday, double pay for 
the next 4 hours, and triple pay thereafter. For holidays and days off, 
the act 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 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.

                               __________

                                URUGUAY

    The Oriental Republic of Uruguay is a constitutional republic with 
an elected president and a bicameral legislature. On October 31, in 
free and fair elections, Tabare Vazquez, leader of the Broad Front or 
Encuentro Progresista-Frente Amplio (EP-FA) coalition, won a 5-year 
presidential term. Vazquez was scheduled to assume office on March 1, 
2005. 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 exercised effective control 
over the security forces. Some members of the security forces committed 
some human rights abuses.
    The economy, which continued its second year of recovery from a 4-
year recession, is a mixture of private and state enterprises and is 
heavily dependent on agricultural exports and agroindustry. The 
country's population is estimated at 3.4 million. The leading exports 
are meat, leather, and rice. The unemployment rate was 12.5 percent. 
Although the economy grew at a rate of 11.3 percent, output remained 
far below pre-2003 recession levels. Inflation was 7.8 percent, 
compared with 19.4 percent in 2003. Real wages stabilized during the 
year.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
reports of police violence, including abuse of prisoners in the jails 
and police stations; prison conditions remained poor; and court cases 
sometimes lasted for many years, resulting in lengthy pretrial 
detention. Violence against women, alleged discrimination against women 
and the Afro-Uruguayan minority, and trafficking in persons were 
problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of political killings.
    There were no new developments respecting the charges of aggravated 
homicide filed in June 2003 against former Minister of Foreign Affairs, 
Juan Carlos Blanco, in connection with the death of Elena Quinteros in 
1976.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were reports of abuse of prisoners, many of which the Government 
investigated. The judicial and parliamentary branches of government are 
responsible for investigating specific allegations of abuse. Human 
rights groups reported that police sometimes mistreated detainees. 
Detainees rarely filed complaints, but the Government investigated 
those complaints that were filed.
    Conditions in prisons were poor and deteriorated during the year. 
There were numerous reports of abuse of prisoners inside the prison 
system. An investigation into a claim that a guard at the Libertad 
Prison tortured two prisoners accused of raping children remained 
pending at year's end. Human rights groups and an organization of the 
families of prisoners alleged that prisoners were routinely beaten 
during processing and during searches; that food, bedding, and clothing 
were of poor quality and insufficient quantity; and that access to 
medical care was poor. Poor sanitation was blamed for an outbreak of 
bacterial infection among prison inmates.
    Overcrowding continued due to budget problems and stronger minimum 
sentencing guidelines adopted during the 1990s. The prison population 
stabilized during the year, but there were approximately 7,000 
prisoners in prison facilities designed to hold only 2,940, which 
caused sanitation, social, and health problems in the major facilities. 
The Libertad prison, badly damaged in a riot in 2002, continued to 
house hundreds of prisoners, despite its official capacity of zero. As 
a temporary solution, the Government held some of the overflow 
prisoners in modified shipping containers. To alleviate overcrowding, 
the Government used modular cells to house the most dangerous inmates 
at the Libertad facility; the cells lacked running water and posed 
sanitation problems.
    In addition to overcrowding, the penal system suffered from 
understaffing and corruption. Prisoners were not always separated 
according to the severity of their crimes. Narcotics, weapons, and cell 
phones were smuggled into several facilities, allegedly with official 
collusion. Family visitation, in which family members provide food to 
supplement a prisoner's diet, was allowed, but it was made difficult as 
the family members were subjected to invasive searches, sometimes under 
unhygienic conditions.
    According to press reports and the regional AIDS rights 
organization, Asociacion de Ser Positivo, the majority of prisoners 
infected with HIV and AIDS did not receive adequate treatment or 
medication. Disease transmission rates and the extent of the infection 
within the inmate population were 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 the small population and the availability of training and 
education opportunities.
    Minors were held in institutions operated by the National Institute 
for Adolescents and Children (INAU). Juveniles who committed serious 
crimes were incarcerated in juvenile detention centers, which resemble 
traditional jails and have cells. 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.
    Pretrial detainees were not held separately from convicted 
prisoners.
    Unlike in the previous year, the Government permitted general 
prison visits by independent human rights observers as well as inmate 
visitation and visits from foreign diplomats.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions in practice. The law requires the police to have a 
written warrant issued by a judge before making an arrest (except when 
the police apprehend the accused during commission of a crime), and the 
authorities generally respected this provision in practice.
    The National Police numbered approximately 30,000 officers with 
broad jurisdiction under the direction of the Ministry of Interior. The 
police have a hierarchical structure with the Chief of Police, Director 
of Intelligence Unit, and Director of the Drug Unit reporting to the 
Vice Minister of the Interior. The Minister of Interior attempted to 
reform the police by creating a service mentality and moving toward a 
community-policing model; however, low salaries resulted in petty 
corruption and officers taking second jobs to support their families. 
New police officers earned $169 (4,480 pesos) per month, and 15-year 
veterans earned $235 (6,230 pesos) per month.
    An internal police investigative unit receives complaints from any 
person concerning possible noncriminal police abuse of power, but it 
was understaffed and only could issue recommendations for disciplinary 
action. Ministry of Interior authorities responded promptly to 
accusations of alleged police brutality. Police officers charged with 
less serious crimes may continue on active duty; those charged with 
more serious crimes were separated from active service until a court 
resolves their cases. The 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.
    The Constitution provides the accused with the right to a judicial 
determination of the legality of detention and requires that the 
detaining authority explain the legal grounds for the detention. Police 
may hold a detainee incommunicado for 24 hours before presenting the 
case to a judge, at which time the detainee has the right to counsel. 
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, a judge must investigate any 
detainee claim of mistreatment.
    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, between 60 and 65 percent of all 
persons incarcerated were awaiting a final decision in their case. 
However, only those committing more serious crimes were actually jailed 
while waiting for the judge to investigate charges. The majority of 
persons facing charges were not jailed. The length of time an accused 
spends in jail pending trial also varied 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.

    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. Criminal trials are held in a court of first 
instance. Aggrieved parties have a right of appeal to the Appellate 
Court but not to the Supreme Court. 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 normally are not made public. 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. Defendants enjoy a presumption of innocence. 
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.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these provisions in practice and did not restrict academic 
freedom; however, the authorities may abridge these rights if persons 
are deemed to be inciting violence or ``insulting the nation.''
    The Inter American Press Association reported that at least 15 
journalists and 3 media outlets were subject to criminal prosecution 
for news and opinions published in the course of their work as 
journalists. Two of these journalists and one media outlet were forced 
to publish court rulings, and one journalist, who received a 10-month 
suspended prison sentence, remained under police supervision pursuant 
to a court order. In addition, 10 journalists and 4 media outlets were 
sued in civil court for news and opinions published in the course of 
their work as journalists. Four of these reporters and one media outlet 
were ordered to pay damages even though the accuracy of the published 
information was not challenged.
    The independent media were active, and all elements of the 
political spectrum freely expressed their viewpoints in both print and 
broadcast media. However, 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.
    The law provides for free expression and communication of thoughts 
and opinions, 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.
    Access to the Internet was available and unrestricted.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly and association, and the Government generally 
respected these rights in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    There is a strict separation of church and state, and religious 
instruction in public schools is prohibited.
    In April, anti-Semitic and pro-Nazi statements were painted in and 
around Jewish cemeteries. Authorities quickly painted over the 
graffiti, and no arrests were made. There were no developments in the 
case of three juvenile skinheads indicted on charges related to anti-
Semitic harassment in 2002.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice.
    The Constitution 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.
    The law provides for the granting of refugee status in accordance 
with the 1951 U.N. Convention Relating to the Status of Refugees or its 
1967 Protocol. In practice, the Government provided protection against 
refoulement, the return of persons to a country where they feared 
persecution. The Government granted refugee status and 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. An interagency refugee review commission established in 2003 
has granted refugee status in 9 of the 10 cases it has reviewed. The 
Government granted temporary protection in cases in which an 
applicant's claims were verified by the UNHCR. The Government continued 
to cooperate with international organizations to provide temporary 
residence to human rights advocates who claimed that they were subject 
to persecution in their home country; if still at risk after 1 year, 
the person may apply 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 multiparty democracy with 
mandatory voting for those 18 years of age or older. The Colorado 
party, the Blanco party, and the Broad Front coalition are the major 
political groupings.
    On October 31, in free and fair elections, Tabare Vazquez, leader 
of the EP-FA coalition, won a 5-year presidential term with an absolute 
majority in first-round balloting. The EP-FA won 16 of 30 seats in the 
Senate and 52 of 99 seats in the Senate. President-elect Vazquez was 
scheduled to take office on March 1, 2005. The election marked an end 
to the domination of the traditional Blanco and Colorado parties; it 
was also the first time in 50 years that any party has won an absolute 
majority in Congress.
    Women participated actively in the political process and 
government, although primarily at lower and middle levels. Three of 30 
senators and 11 of 99 deputies were women. None of the 13 cabinet 
ministers were women; however, President-elect Vazquez nominated 2 
women to serve in his cabinet. With the exception of an alternate 
deputy, there were no Afro-Uruguayans in Congress.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
generally were cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution and the law prohibit discrimination based on race, 
sex, religion, or disability; however, societal discrimination against 
some groups existed.

    Women.--Violence against women continued to be a problem. The 
nongovernmental organization (NGO) National Follow-Up Commission-Women 
for Democracy, Equality and Citizenship reported that a woman died 
every 9 days as a result of rape or domestic violence. 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 hotline answered by trained NGO employees for victims of 
domestic violence. 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 
trained police on 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 received 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.
    The law prohibits sexual harassment in the workplace; however, few 
such complaints were filed, a circumstance attributed to a lack of 
understanding by women of their rights.
    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 
workforce exhibited some segregation by gender. Women, who made up 
almost one-half the workforce, 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.
    A small institute in the Ministry of Education coordinated 
government programs for women. There were a number of active women's 
rights groups, and many of their activities remained centered on 
follow-up 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. INAU oversees implementation of the 
Government's programs for children. The Government provided free 
compulsory kindergarten, primary, and secondary education, and 95 
percent of children completed their primary education. Girls and boys 
were treated equally. 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 INAU for the period determined by the judge; these institutions 
emphasized the rehabilitation of minors. INAU maintained an extensive 
network of programs, including shelters for at-risk children. INAU also 
operated a confidential hotline for children who were victims of 
domestic abuse.
    Health care is free for all citizens, and 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 (see Section 5, Trafficking).

    Trafficking in Persons.--The law prohibits trafficking in children 
and adolescents; however, there were some cases involving trafficking 
of women and child prostitution.
    In November, following Senate approval of bills approved by the 
Chamber of Deputies in 2003, two antitrafficking laws took effect: The 
law to Combat Commercial and Noncommercial Sexual Exploitation of and 
Violence Against Children and Adolescents and the law to Combat Child 
Pornography and Prostitution. These laws criminalize trafficking in 
persons and provide penalties ranging from 6 months' to 12 years' 
imprisonment. Prostitution is legal for persons over the age of 18, and 
there is no law specifically prohibiting participation by minors. 
Suspected traffickers have been prosecuted on charges of corruption, 
conspiracy, fraud, and other felonies. The Ministry of the Interior has 
primary responsibility for investigating trafficking cases.
    The country was a source for trafficked persons, and internal 
trafficking was a problem. There were no reliable estimates on the 
number of women who worked as prostitutes abroad (generally in Europe 
and Australia) or on the proportion that were induced into such work by 
fraud or were subjected to conditions approaching servitude. Some 
foreign prostitutes entered the country, but irregular border controls 
limited the collection of such trafficking statistics. Officials 
believed that trafficking mostly affected women between the ages of 18 
and 24. In the only reported case during the year, a man remained in 
preventive custody awaiting extradition to Italy for luring 13 
Uruguayan women to Italy, where they were forced into the sex trade.
    According to the Casa de los Ninos, commercial sexual exploitation 
of children between the ages of 11 and 15 occurred mostly in the states 
bordering Brazil and Argentina. Authorities believed that this 
trafficking was specifically for prostitution and pornography. There 
also was concern about possible child prostitution rings in Montevideo 
and the resort areas of Punta del Este and Maldonado, where taxi 
drivers or hotel staff may be involved. There were isolated reports of 
prostitution by boys. 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 or to provide 
assistance to their families in rural areas where unemployment was more 
than 20 percent.
    INAU provided funding for a number of NGOs that have programs to 
assist homeless children and victims of trafficking. A number of NGOs 
offered treatment for victims of trafficking and others provided 
shelter, food, or education.
    Early in the year, the Government established the Interdepartmental 
Commission for the Prevention and Protection of Children Against Sexual 
Exploitation that cooperated with INAU in creating a national plan of 
action, which included protection measures for victims and witnesses.
    In response to an increase in the incidence of sexual exploitation, 
the Ministry of the Interior created an office to prevent such crimes. 
The office conducted research on trafficking in persons and Internet 
child pornography, assisted in creating a binational antitrafficking 
commission with Brazil, and investigated two cases involving child 
prostitution that were prosecuted successfully and resulted in jail 
sentences. At year's end, it was pursuing a child pornography 
investigation involving a British citizen's alleged efforts to recruit 
adolescents for use in pornography.

    Persons With Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, access to health 
care, 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 nearly 6 percent of the population, continued to 
face societal discrimination. The latest available information on the 
extent of discrimination was a 1999 study by the NGO Mundo Afro, which 
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. Afro 
Uruguayans were practically unrepresented in the bureaucratic and 
academic sectors. During the year, Mundo Afro received 20 complaints of 
discrimination; however, Mundo Afro stated that most instances of 
discrimination were not reported.
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 organized and operated 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 (more than 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's Collective Bargaining Division, which 
investigates antiunion discrimination claims filed by union members, 
has received no such claims since 2000. Labor unions have complained 
that some businesses encouraged formation of worker cooperatives, which 
served to reduce their labor costs.
    There are mechanisms for resolving workers' complaints against 
employers, but unions complained that courts sometimes applied these 
mechanisms arbitrarily. Unions maintained that organizers were 
dismissed for fabricated reasons, thus allowing employers to avoid 
penalties under the law.
    There are no laws expressly 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 tended to impose indemnity levels 
that were higher than those normally paid to dismissed workers.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides workers with the right to strike, and workers 
exercised this right in practice.
    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.''
    Collective bargaining between companies and their unions determines 
a number of private-sector salaries. The executive branch, acting 
independently, determines public-sector salaries.
    All labor legislation fully covers workers employed in the eight 
special export zones. There were no unions in these zones because the 
few workers employed were not in traditionally organizable occupations, 
that is, one in which a number of workers are employed in a 
nonprofessional capacity.

    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including by children; however, 
there were reports that such practices occurred (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Child Labor Code protects children, and the Ministry of Labor and 
Social Security is responsible for enforcing this law. Enforcement has 
proven difficult due to a lack of resources and the fact that the 
majority of child labor was in the informal sector (which accounted for 
40 percent of total employment in the country). Some children worked as 
street vendors in the expanding informal sector or in agricultural 
activities, areas that generally were regulated less strictly and where 
pay was lower than in the formal sector. The law prohibits minors under 
the age of 15 from working, and this was generally enforced in 
practice. 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. All workers under age 18 must undergo a 
physical examination to identify job-related physical harm. Children 
between age 15 and 18 may not work more than 6 hours per day within a 
36-hour workweek and may not work between 10 p.m. and 6 a.m.
    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 stricter 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 INAU and an NGO to provide food vouchers of $38 
(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.

    e. Acceptable Conditions of Work.--The Ministry of Labor enforces a 
legislated minimum monthly wage that covers both the public and private 
sectors. The Ministry adjusts the minimum wage whenever it adjusts 
public sector wages. The minimum wage, set in September at 
approximately $49 (1,300 pesos) per month, functions more as an index 
for calculating wage rates than as a true measure of minimum 
subsistence levels, and it did not provide a decent standard of living 
for a worker and family. The vast majority of workers earned 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, 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 without jeopardy to their employment.

                               __________

                               VENEZUELA

    Venezuela is a constitutional democracy with a president and 
unicameral legislature. In addition to the executive, legislative, and 
judicial branches of government, the Constitution provides for a 
``Citizen Power'' branch--which includes the Ombudsman, the Public 
Prosecutor, and the Comptroller General--and an ``Electoral Power'' 
branch, headed by the National Electoral Council (CNE). In July 2000, 
voters elected President Hugo Chavez of the Fifth Republic Movement 
(MVR) in generally free and fair elections. The MVR and the pro-Chavez 
Movimiento al Socialismo party won a majority in the legislature. In 
August 2003, the Supreme Court appointed a transitional CNE after the 
National Assembly failed to do so. According to the Constitution, the 
civilian judiciary is an independent branch of power; however, it was 
highly inefficient, corrupt, and subject to political influence from 
both the executive and legislative branches.
    Following a national strike from December 2002 to February 2003, 
government and opposition representatives signed an agreement in May 
2003 that committed both sides to follow the Constitution and laws and 
acknowledged the constitutional right to hold a presidential recall 
referendum if legal criteria were met. After the CNE rejected a first 
group of signatures, opponents of President Chavez gathered sufficient 
signatures at the end of November 2003 for the presidential recall 
referendum. In February, the CNE disallowed, on what appeared to be 
political rather than legal grounds, more than 1 million of the 
approximately 3.7 million signatures. The opposition subsequently 
succeeded in ratifying sufficient signatures to activate the recall 
referendum through the appeals process (reparos), despite government 
threats of retaliation against signers. On August 15, 5.8 million 
persons voted to keep Chavez in office, and 3.9 million persons voted 
to remove him, according to official results. Opponents of the 
President charged that the process was fraught with irregularities and 
that electronic manipulation of the vote constituted fraud. Although 
the Organization of American States (OAS) and Carter Center observers 
noted that the process ``suffered from some irregularities, 
politicization, and intimidation,'' they found that the official 
results were compatible with their own quick count and ``reflected the 
will of the electorate.''
    The security apparatus consists of civilian and military elements, 
both accountable to elected authorities. The military played an 
increasingly larger role in civilian life. Active and retired military 
officers held high-ranking government positions, and 6 of the 21 
cabinet members previously served in the military. The presidents of 
three major state-owned corporations--Corporacion Venezolana de 
Guayana, Corporacion Zulia, and PDV Marina--are active duty military 
officers. The military also administered and executed numerous public 
service projects. The Ministry of Defense controlled 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. The Ministry 
of Interior and Justice controls the Investigative and Criminal Police 
Corps (CICPC), which conducts most criminal investigations, and the 
Directorate for Intelligence and Prevention Services (DISIP), which 
collects intelligence and has a law enforcement role. Mayors and state 
governors are responsible for local and state police forces and 
maintain independence from the central Government. The Caracas 
Metropolitan Police is the main civilian police force in the five 
municipalities that form the capital. While civilian authorities 
generally maintained control over security forces, members of the 
security forces committed numerous and serious human rights abuses 
during the year.
    The population was approximately 25 million. The country is 
abundant in natural resources and has a mixed agricultural and 
industrial 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 economy began to 
recover, with growth of more than 16 percent, following contraction of 
8.9 percent in 2002 and 7.6 percent in 2003. Government statistics 
placed the unemployment rate at 15 percent; however, approximately 50 
percent of employed adults worked in the informal sector. The petroleum 
sector provided the majority of foreign exchange earnings. Despite 
record oil prices and resulting revenue for the Government, the country 
faced ongoing deficits and other financial difficulties. Independent 
economists estimated the Government's deficit for the year was 7.2 
percent of gross domestic product.
    The Government's human rights record remained poor; despite 
attempts at improvement in a few areas, its performance deteriorated in 
other areas, particularly regarding politicization of the judiciary and 
restrictions on electronic media, and serious problems remained. The 
police and military committed unlawful killings of criminal suspects. 
The police reportedly had links to vigilante groups that killed 
suspected criminals. Investigations into unlawful killings 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 severe overcrowding constituted inhuman 
and degrading treatment. Arbitrary arrests and detentions continued. 
Impunity was one of the country's most serious human rights problems. 
Crimes involving human rights abuses did not proceed to trial due to 
judicial and administrative delays. Corruption, lengthy pretrial 
detention, and severe inefficiency in the judicial and law enforcement 
systems also were problems. A law enacted in May increased the number 
of Supreme Court judges and the power of the executive branch, the 
legislature, and the citizen power over the judiciary. Some judges were 
summarily dismissed or forced to retire. Prosecutors selectively 
investigated several opposition leaders and brought charges against 
some.
    The Government conducted illegal wiretapping of private citizens 
and intimidated political opponents. President Chavez, officials in his 
administration, and members of his political party consistently 
attacked the independent media, the political opposition, labor unions, 
the courts, the Church, and human rights groups. Many government 
supporters interpreted these remarks as tacit approval of violence; 
they then threatened, intimidated, and physically harmed at least 
dozens of individuals opposed to Chavez during the year. The 
International Association of Broadcasters complained that the 
Government abused its legal power to order that all television and 
radio stations air material of national interest by requiring the 
transmission of speeches by President Chavez and other government 
officials and of other political programming favorable to the 
Government. A press law enacted in December places restrictions on 
broadcast content that threaten press freedom. Violence and 
discrimination against women, abuse of children, discrimination against 
persons with disabilities, and inadequate protection of the rights of 
indigenous people remained problems. Trafficking in persons was a 
problem. The Government's confrontation with the Venezuelan Workers 
Confederation (CTV) and fired petroleum sector employees continued, and 
child labor increased.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Unlike in the 
previous year, there were no politically motivated killings by the 
Government or its agents; however, police, soldiers, and government 
supporters killed several persons at anti-government demonstrations 
(see Section 2.b.).
    According to human rights groups, security forces committed 
unlawful killings, including summary executions of criminal suspects, 
used excessive force, and mistreated persons in custody resulting in 
deaths.
    The human rights group Red de Apoyo reported that, on January 10, a 
group of men, presumably Lara State police officers dressed in black, 
rounded up nine men and executed them. On March 10, Juan Carlos 
Zambrano died after being beaten by soldiers who had detained him on 
March 4 in Lagunillas, Zulia. Six soldiers were arrested on charges of 
murder in October and ordered detained pending trial (see Section 
1.c.). Amnesty International (AI) reported that, in May, Enmary Cava 
was killed in Cagua, Aragua State, after she and her family had 
received death threats. The family had called on prosecutors to 
investigate the death of two brothers and their father at the hands of 
Aragua State police.
    The Venezuelan Program of Action and Education in Human Rights 
(PROVEA), a human rights nongovernmental organization (NGO), documented 
231 unlawful killings from October 2003 through September. PROVEA and 
the human rights NGO Committee for the Families of the Victims of 
February 1989 (COFAVIC) identified cases of police death squad 
activity, linked to police participation in criminal activity. PROVEA 
noted that such activity decreased in Portuguesa, Yaracuy, and 
Anzoategui States as a result of media attention and prosecutions.
    Prosecutors rarely brought cases against perpetrators of unlawful 
killings. The police characterized such incidents as ``confrontations'' 
(thereby asserting a legal justification for using deadly force) even 
when eyewitness testimony and evidence strongly indicated otherwise. 
When prosecutors did investigate, they alleged that unsecured crime 
scenes, poor investigative techniques, and constantly changing or 
inexperienced personnel ensured that political and human rights abuse 
cases were delayed indefinitely or had a pre-ordained result. In 
addition, the civilian judicial system struggled to implement the 
Organic Criminal Procedures Code (COPP) and remained highly inefficient 
and corrupt (see Section 1.e.). In the small number of cases in which 
the courts convicted perpetrators of unlawful and other killings, 
sentences frequently were light, or the convictions were overturned on 
appeal. Members of the security forces charged with or convicted of 
crimes rarely were imprisoned.
    In March, Red de Apoyo called on the mayor of Metropolitan Caracas 
to fire three Metropolitan Police officers found guilty of murder in 
November 2003, who were still working as police officers; the 
authorities subsequently opened administrative procedures to fire the 
officers but had not acted by year's end.
    On August 23, a judge approved release on bail for 14 Portuguesa 
State police officers being held on 68 counts of murder for their 
alleged participation in the death squad ``Exterminio.'' The men had 
been in custody for 20 months longer than the legal 24-month pre-trial 
detention limit, a delay due in part to the reluctance of citizens to 
serve as lay judges in the case. Prosecutors appealed the decision to 
release the officers from detention, and the measure was suspended. A 
trial was pending at year's end.
    There were no developments in the investigation of the August 2003 
killing of human rights worker Joe Luis Castillo in Machiques, Zulia 
State. Police suspected two Colombian alleged paramilitaries who were 
subsequently killed, according to press accounts, and no new 
developments were expected in the investigation.
    Police fired on criminal suspects who disobeyed orders to halt and 
often used deadly force when confronting suspects or rescuing kidnap 
victims. In November, for example, the Interior Ministry reported that 
police killed 135 persons who ``resisted authority'' that month. 
Security forces also killed some prisoners; however, the majority of 
deaths resulted from other causes (see Section 1.c.).
    In March, prosecutors charged four National Guardsmen with the 
November 2003 killing of seven prisoners at the Vista Hermosa prison; 
the guardsmen also allegedly participated in the severe beating of 200 
prisoners. While detained, two of the officers were promoted. The case 
had not gone to trial by year's end.
    During demonstrations from February 27 to March 5, unidentified 
persons killed between 9 (official figure) and 16 (opposition figure) 
persons and injured 193 throughout the country; on August 16, a group 
of government supporters fired into a crowd of protesters killing 1 
person and injuring 9 others, including a National Assembly deputy (see 
Section 2.b.).
    There were two high profile cases of mistreatment of soldiers 
resulting in death. On March 5, Army Private Roberto Aguilar died of 
drowning in a cesspool on a military installation in Zulia State. His 
family claimed he was forced into the cesspool as punishment. After a 
conflict between military and civilian courts, on August 4, the Supreme 
Court ruled that a civilian court had jurisdiction. Four soldiers were 
detained, and the case had not gone to trial by year's end.
    On March 30, eight soldiers were burned in a punishment cell in 
Fuerte Mara in Zulia State; two of the soldiers died of their injuries. 
Family members charged that one of the soldiers claimed the prisoners 
were set on fire from outside the cell. In December, prosecutors 
charged one of the victims with setting the fire, and three doctors 
with malpractice for the death of one of the soldiers.
    On April 2, army Lieutenant Alessandro Sicat was convicted of 
murder and attempted murder and sentenced to 21 years in prison. Sicat 
sprayed and ignited paint thinner in the holding cell of three 
allegedly disobedient soldiers in 2001.
    The press reported several cases of lynching and attempted lynching 
of suspected criminals. A significant portion of the population tacitly 
supported vigilante activity to control crime.

    b. Disappearance.--On October 31, retired Air Force Colonel Silvino 
Bustillo, one of the leaders of the Plaza Francia military dissidents 
in 2002, allegedly disappeared after being followed by agents of the 
DIM. The Government alleged that Colonel Bustillos was in hiding, and 
had contacted his family, which they denied. As of December, Colonel 
Bustillo's whereabouts and condition were unknown.
    Human rights groups noted that police officers sometimes disposed 
of the bodies of their victims to avoid investigations. PROVEA recorded 
11 reports of disappearances allegedly involving security forces from 
October 2003 to September.
    On May 16, CICPC officers allegedly detained three persons in San 
Cristobal, Tachira State. The three were never brought before a judge 
and were presumed to have been killed. Prosecutors began an 
investigation and ordered the detention of seven CICPC officers, but 
the officers had not been apprehended by year's end.
    From January through August, 88 ranchers were kidnapped, according 
to the National Cattle Ranchers Federation (Fedenaga). Although rancher 
kidnappings by Colombian terrorist organizations have been a problem in 
the border states for decades, Fedenaga attributed most of the increase 
to domestic criminal gangs, common criminals, and the Bolivarian 
Liberation Forces (FBL), a relatively new organization allegedly 
composed of militant supporters of the President. They believed that 
the FBL targeted ranchers as much for political as for economic 
reasons. The Government denied any links to the FBL. In September, the 
head of the CICPC in Tachira State told reporters that some police and 
National Guard officers collaborated with kidnappers.
    On August 9, the Inter-American Court of Human Rights agreed to 
hear a case against DISIP Commissioner Jose Yanez Casimiro and retired 
Commissioner General Justiniano Martinez Carreno in the alleged 
disappearances of Oscar Blanco Romero and Marco Monasterio following 
the Vargas floods in 1999. In December, Attorney General Isaias 
Rodriguez announced that the officers had been charged in the 
disappearance of the two men; a judge released the officers on bail.

    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; however, security forces continued to torture and abuse 
detainees. 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.
    PROVEA reported that between October 2003 and September, it 
received 58 complaints of torture and 491 regarding cruel, inhuman, and 
degrading treatment. From January to June, Red de Apoyo received 30 
complaints from alleged torture victims.
    The Government did not ensure independent investigation of 
complaints of torture. COFAVIC questioned the Attorney General's 
ability to oversee neutral investigations, because he was an active 
member of the President's political party and a former vice president 
in the current Government. Human rights groups also asserted that the 
Institute of Forensic Medicine, part of the CICPC, was unlikely to be 
impartial in the examinations of cases that involved torture by CICPC 
members. Few cases of torture resulted in convictions.
    The Human Rights Ombudsman documented 7 complaints of torture and 
17 of abuse during the disturbances from February 27 to March 5 (see 
Section 2.b.). Many of the complaints were reported to prosecutors, but 
no arrests had been made as of year's end. COFAVIC reported nine cases 
of torture, with an identifiable pattern throughout the country. There 
were no arrests associated with these cases. For example, on March 1, 
National Guard troops detained Carlos Eduardo Izcaray, a National 
Symphony cellist, near a violent street protest. According to AI, 
Izcaray was beaten repeatedly, given electric shocks, exposed to tear 
gas in a confined space, had tear gas powder smeared on his face, and 
was threatened with death.
    Reports of beatings and other humiliating treatment of suspects 
during arrests were common and involved various law enforcement 
agencies.
    In March, the soldiers who arrested Carlos Zambrano and beat him to 
death (see Section 1.a.) also raped his girlfriend.
    In November, police arrested three ex-police officers as suspects 
in the November 18 killing of prosecutor Danilo Anderson. Lawyers for 
the three accused the police of torturing the three men after illegally 
detaining them. All three were arrested days after being reported 
missing. The torture allegations included the use of electric shock, 
sensory deprivation, and psychological torture. A judge ordered an 
investigation into the allegations of torture, but no arrests had been 
made by year's end.
    Prison conditions were harsh due to scarce resources, poorly 
trained and corrupt prison staff, and violence by guards and inmates. 
The prison population was at 118 percent of capacity; 22 of the 
country's 32 prisons were overpopulated, some severely, according to 
the Ministry of the Interior and Justice. Severe overcrowding in some 
prisons constituted inhuman and degrading treatment. Prisoners often 
complained of food and water shortages.
    Inmates often had to pay guards and other inmates to obtain 
necessities such as space in a cell, a bed, and food. Most prisoners 
obtained 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 held with unsentenced or first-time petty offenders. Trafficking 
in arms and drugs fueled gang-related violence and extortion. Prison 
officials often illegally demanded payment from prisoners for 
transportation to judicial proceedings (see Sections 1.d. and 1.e.).
    The Government failed to provide adequate prison security. The 
National Guard and the Ministry of Interior and Justice have 
responsibility for exterior and interior security, respectively. The 
Venezuelan Prison Observatory (OVP), a prison monitoring NGO, estimated 
that interior guard force had only one-tenth the required strength. 
Violence between gangs was common, with shootouts and riots common 
occurrences. From January through December 31, the OVP recorded 327 
deaths and 655 injuries in the prisons. Security forces committed some 
of the killings in prisons (see Section 1.a.), but most inmate deaths 
resulted from prisoner-on-prisoner violence, riots, fires, and from 
generally unsanitary and unsafe conditions. Prisoners also died as a 
consequence of poor diet and inadequate medical care.
    On August 5, prisoners in the Barcelona prison staged a ``blood 
strike,'' inflicting wounds on themselves, to protest prison 
conditions.
    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. Pretrial detainees 
were not held separately from convicted prisoners.
    The Government permitted prison visits by independent human rights 
observers, and such visits took place during the year.

    d. Arbitrary Arrest or Detention.--The Constitution and the law 
prohibit arbitrary arrest and detention; however, the security forces 
continued to arrest and detain citizens arbitrarily.
    The National Guard, a 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 
counter narcotics operations, monitoring borders, and providing law 
enforcement in remote areas. The Ministry of Interior and Justice 
controls the CICPC, which conducts most criminal investigations, and 
the DISIP, which collects intelligence and is responsible for 
investigating cases of corruption, subversion, and arms trafficking. 
Mayors and governors oversee local and state police forces. Often, 
mayors and governors recruited retired National Guard officers for the 
top leadership of their police. Corruption was a major problem among 
all police forces, whose members were poorly paid and trained. Impunity 
for corruption, brutality, and other acts of violence were major 
problems. Some local police forces offered human rights training for 
their personnel.
    The COPP states that a person accused of a crime cannot be 
incarcerated during criminal proceedings unless that person was 
apprehended in the act of committing a crime or a judge determines that 
there is a danger that the accused may flee or impede the 
investigation. All detainees must be taken before a prosecutor within 
12 hours and before a judge within 48 hours to determine the legality 
of the detention. To keep a suspect in pretrial detention, a judge must 
rule that: A crime meriting a prison sentence of more than 2 years has 
been committed; there is solid evidence that the suspect is guilty of 
the crime; and there is a danger of flight or that the detainee might 
try to obstruct the investigation. A person accused of a crime may not 
be detained for longer than the possible minimum sentence for that 
crime, nor for longer than 2 years, except in certain circumstances, as 
when the defendant is responsible for the delay in the proceedings. 
Although COPP procedures generally were followed once suspects entered 
the justice system, confusion over its implementation remained, and 
arbitrary detention continued to be common.
    There was a bail system, but it was common to hold prisoners 
without according them access to bail. According to the OVP, there were 
approximately 18,781 prisoners in December, of whom 8,915 had not been 
convicted of a crime and were held without bail, and the Ministry of 
the Interior and Justice reported that 48 percent of all prisoners were 
in pretrial detention. Trials were delayed due to many factors, 
including the limited power of judges to compel authorities to 
transport prisoners to court.
    Prisoners often had to bribe police to transport them to court for 
hearings. Judges, prosecutors, and defense lawyers also were 
responsible for delays, due to excessive workload, corruption, and 
attempts to avoid controversial cases. Prisoners had reasonably good 
access to counsel and family members.
    The Human Rights Ombudsman's office reported that, during the 
disturbances from February 27 to March 5, authorities arrested 513 
persons and held 53 persons in pretrial detention for their actions. 
Arbitrary detentions by the Caracas Metropolitan Police, the DISIP, 
municipal police forces, the National Guard, and the CICPC continued; 
however, PROVEA estimated that the number of persons detained in anti-
drug sweeps had declined.
    The Government used the justice system selectively against the 
political opposition, including investigations against, and arrests of, 
opposition leaders on charges of conspiracy and treason.
    On May 4, a judge ordered Baruta mayor Henrique Capriles Radonski 
detained on charges relating to a violent demonstration in front of the 
Cuban Embassy in 2002, despite the lack of evidence and the fact that 
Capriles was a public official. On September 6, a judge ordered him 
released on bail. Human rights groups, the political opposition, and 
media called Capriles a political prisoner. On October 18, an appeals 
court dismissed the Capriles case, a decision that the prosecution 
appealed.
    On May 22, a military court ordered the detention of retired Army 
General Francisco Uson for ``defaming'' the army, despite the fact that 
Uson was retired and therefore not subject to military jurisdiction. 
When asked about the Fuerte Mara case (see Section 1.a.) in an 
interview program, Uson had explained how a flamethrower functions. On 
October 4, the military court found Uson guilty of insulting the army 
and sentenced him to 5 years in prison. The defense appealed the 
decision.
    On August 9, in the 2002 case against National Guard General Carlos 
Alfonzo Martinez, a judge ruled that the general was not guilty of 
instigating rebellion and abandoning his command but found him guilty 
of violating a security zone. General Martinez was sentenced to 5 
years' probation and was forbidden to contact the media. Prosecutors 
and defense lawyers appealed the decision, and prosecutors also opened 
a new investigation against General Martinez for his actions in support 
of the Plaza Francia military dissidents in 2002. In October, an 
appeals court overturned General Martinez' conviction and set him free, 
a decision that the prosecutors appealed.
    Prior to the August 15 presidential recall referendum, Carlos Melo, 
an opposition leader, was detained on charges of weapons possession, 
and was held until an appeals court ordered him released a few weeks 
later. Images captured by a video monitor at the time of Melo's 
detention supported his contention that the charges were fabricated.
    In March, three judges were fired without cause, immediately after 
releasing protesters arrested in the February-March disturbances (see 
Section 1.e.). In May, one of the tenured judges who ruled to free 
Carlos Melo was suspended indefinitely, while the tenured judge who 
wrote the decisions to release Capriles and General Alfonzo Martinez 
was suspended in December; in both cases, the alleged reasons for the 
suspensions were minor infractions of judicial rules.

    e. Denial of Fair Public Trial.--The civilian judiciary is an 
independent branch of power according to the Constitution; however, it 
was subject to political influence, highly inefficient, and sometimes 
corrupt.
    The judicial sector consists of the Supreme Court, the Attorney 
General's office, and the Ministry Interior and Justice. The Supreme 
Court is the country's highest court and directly administers the lower 
courts. It is divided into six chambers: Constitutional, criminal, 
social, administrative, electoral, and civil. The Supreme Court 
administers the lower courts through the Executive Directorate of the 
Magistracy (DEM). The competitive exams to select permanent judges 
remained suspended, and only provisional and temporary judges, who 
constituted 80 percent of all working judges, were hired. The Supreme 
Court's Judicial Committee may hire and fire temporary judges without 
cause and did so, without explanation. Provisional judges legally have 
the same rights as permanent judges; however, in March, the Judicial 
Committee fired without cause a temporary judge who had been working 
for 3 years and at least two provisional judges (see Section 1.d.). 
Human Rights Watch (HRW) raised the problem that this situation 
represents for judicial independence, as did leaders of the judicial 
system.
    On May 18, the National Assembly passed the Organic Law of the 
Supreme Court, which increased the number of Supreme Court judges from 
20 to 32 and allowed them to be appointed with a simple, rather than a 
two-thirds, majority vote of the National Assembly. The law also 
permits the Moral Council (Attorney General, Human Rights Ombudsman, 
and Comptroller General) to suspend judges and allows the National 
Assembly to revoke the appointment of Supreme Court judges by a simple 
majority vote, even if they were appointed by a two-thirds majority. On 
June 15, using this authority, the legislature annulled the appointment 
of the Court's vice president. HRW noted that the law threatens the 
independence of the judiciary by subjecting it to political control.
    Control judges oversee the protection of the rights of suspects and 
hear prosecution and defense motions prior to criminal cases going to 
trial judges. Executive judges oversee the application of sentences. 
Appeals courts, consisting of three-judge panels, review lower court 
decisions. The Attorney General oversees the prosecutors who 
investigate crimes and bring charges against criminal suspects.
    Corruption was widespread, and judges also were susceptible to 
political pressure. Following the February/March protests, several 
provisional judges who freed protesters were fired. Human rights groups 
and judicial observers believed that they were fired for their refusal 
to detain protesters. In September, police detained provisional control 
judge Juan Ramon Leon Villanueva for soliciting a bribe from the head 
of the CICPC. Leon was the most recent judge to confirm the detention 
of Baruta mayor Capriles, prior to his release (see Section 1.d.). Leon 
accused other judges of setting him up. Following the killing of 
prosecutor Danilo Anderson on November 18, prosecutors investigated 
allegations that Anderson may have been involved in extorting money 
from persons in return for not pursuing investigations against them. 
The investigation was ongoing at year's end.
    The COPP provides for the right to a fair trial and considers the 
accused innocent until proven guilty. The COPP also provides for open, 
public trials with oral proceedings. Suspects have the right to plead 
guilty without trial and make reparation agreements. Trial delays were 
common. A professional judge and two lay judges try serious cases. A 
single judge may hear serious cases, if the defendant or victim so 
requests and the judge agrees, or if attempts to appoint lay judges 
have failed. Difficulty in finding persons willing or able to serve as 
lay judges frequently caused delays. Usually, single judges try minor 
cases. Defendants and complainants have the right of appeal.
    The law provides for public defenders for those unable to afford an 
attorney; however, there were not enough public defenders. According to 
the DEM, as of September 2003, there were 619 public defense attorneys 
for the entire country, of whom 188 handled juvenile cases exclusively.
    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.).
    On July 19, the Supreme Court president swore in the members of the 
First and Second Courts for contentious administrative matters. The 
Committee of Judicial Restructuring disbanded the First Court in 2003 
following a series of decisions unfavorable to the Government. Citing 
reasons of workload, the DEM then created two courts.
    The military created executive courts, as part of the restructuring 
the military justice system, mirroring the civilian courts. The 
Constitution establishes 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.
    On April 2, army Lieutenant Alessandro Sicat was convicted of 
murder and attempted murder and sentenced to 21 years in prison (see 
Section 1.a.).
    man 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 linked 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. In May, without due administrative process, 
five military judges were fired for incompetence, although they had 
between 15 and 19 years' experience. Four of the judges were handling 
politically sensitive cases at the time.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
security forces continued to infringe on citizens' privacy rights by 
conducting searches of homes without warrants, such as during anticrime 
sweeps in poor neighborhoods. There were reports of illegal wiretapping 
and invasion of privacy by the security forces.
    Throughout the country, witnesses to abuses by security forces 
reported instances in which their family members later were harassed, 
threatened, or killed (see Section 1.a.). There were also reports that 
the family members of persons, including military personnel, who signed 
the petitions for a recall referendum were threatened with loss of jobs 
and benefits.
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, persons associated with 
the Government provoked, threatened, physically harmed, or encouraged 
others to attack private media owners, their installations, and 
journalists. The Government did not restrict academic freedom.
    International organizations such as the Inter American Press 
Association (IAPA) and domestic journalists charged the Government with 
encouraging a climate of hostility toward the media. The IAPA called on 
the Government to end anti-democratic practices. Although assaults 
against the media declined compared with 2003, journalists attributed 
this trend to their lack of access to government events and their 
avoidance of activities in pro-government neighborhoods. Pro-government 
assailants shot and injured four reporters, and one reporter was 
killed, allegedly by drug traffickers. National Guard troops shot and 
injured several reporters with rubber bullets and tear gas cannisters, 
sometimes fired at close range. Legislative and administrative efforts 
to limit private media's right to freedom of expression continued, 
including threats of prosecution and the enactment of a restrictive law 
to govern media content.
    The country has 15 national newspapers (14 based in Caracas, 1 in 
Maracaibo); 77 regional newspapers; 89 magazines and weekly journals; 
34 representatives of foreign media outlets; 47 national and 
international television and radio news agencies; 344 commercial and 
over 150 FM and AM community radio stations; and 31 television 
channels, 23 of which were in the interior. Both government and private 
media were highly politicized. The majority of the larger newspapers 
opposed the President. One tabloid in Caracas, whose sole source of 
advertisement appeared to be the Government, sided fully with the 
Government.
    Print and electronic media were independent, and many criticized 
the Government, although they felt threatened by the Government and 
pro-government sympathizers. In 2003, the OAS's Inter-American 
Commission on Human Rights (IACHR) Special Reporter on Press Freedom 
noted that reprisals and threats of violence restricted freedom of 
expression in practice. During the year, the IACHR granted 
``precautionary'' protective measures to petitioners in 12 cases and 
granted ``provisional'' protective measures in another 4 cases. The 
Supreme Court ruled in 2002 that such international orders were not 
binding in the country, and media owners and journalists complained 
that they were not carried out in good faith by the Government. 
President Chavez repeatedly singled out media owners and editors, 
charging that the media provoked political unrest. The National Press 
Union accused the Government of punishing or firing state press 
employees for political reasons, particularly for signing the petition 
for the August 15 referendum. The country remained on the International 
Press Institute's watch list of countries with a growing tendency 
toward suppression or restriction of press freedom.
    Journalists lodged 30 complaints of harassment during the year. 
Supporters of the Government committed most of the incidents against 
the private media; however, opposition supporters committed a few acts 
against state-owned or community media. The National Guard, the DIM, 
the DISIP, and some local police forces also harassed journalists. 
Government sympathizers also harassed, vandalized property and 
equipment, and threatened the private media.
    On September 1, unidentified assailants killed radio personality, 
opinion columnist, and activist Mauro Marcano Ramos of the State of 
Monagas. Ramos was known as a harsh critic of drug traffickers. In 
February and March, National Guard and other unidentified persons shot 
and injured several journalists covering protests in Caracas.
    The National Union of Press Workers reported 35 cases of assaults 
on journalists in the first 8 months of the year. The Committee to 
Protect Journalists investigated and verified 28 of those cases.
    Pro-government and state-owned media reported four assaults, one 
case of vandalism, and three cases of harassment. On March 2, for 
example, opposition supporters vandalized the offices of VTV. Outside 
the capital, opposition demonstrators surrounded, threatened, and beat 
two operators of a community radio station. The IACHR later granted the 
couple precautionary measures.
    The Government had two national television stations, a national 
radio network, and a newswire service whose directors were named by the 
President. The President had a weekly show on television and radio and 
frequently demanded access to major media outlets. Independent media 
observers criticized the state media for extreme pro-government 
politicization. Most community media--radio and television stations 
with different frequency licensing requirements and advertising 
regulations--were pro-government in editorial policy.
    The 2002 Organic Telecommunications Law establishes that the 
President can suspend telecommunications broadcasts. The President 
referred to this law repeatedly and threatened to revoke commercial 
broadcast licenses or not convert pre-2000 licenses to new ones. Media 
professionals complained that investigations of television and radio 
stations by state broadcast regulation agency CONATEL were politically 
motivated.
    On August 11, government sympathizers attacked a crew from news 
channel Globovision in front of the vice presidency in sight of both 
the building's staff and nearby National Guard troops. The National 
Guard troops made no effort to intervene. The attackers stole one of 
the station's radios and used the stolen radio to disrupt the station's 
ability to communicate with its crews. National Guard troops prevented 
a crew from changing the radio frequency and detained crew members at 
the site of the tower for 2 days, during which they were not allowed to 
receive any food or supplies. On August 15, the day of the presidential 
recall referendum, CONATEL workers made surprise inspections of the 
facilities of several private television stations.
    Media analysts, journalists, and other observers alleged that the 
Government used criminal defamation and libel laws to intimidate or 
harass the media.
    On December 7, the Government enacted the Law of Social 
Responsibility in Radio and Television, which restricts certain 
content, such as sex and violence, to specific hours of the day and 
requires disclosure of sources of information. The law also requires 
private radio and television stations to show a set amount of 
domestically and independently produced programming. The law makes 
CONATEL the arbiter of compliance with the law. The IAPA criticized the 
law as a ``clear interference in news media content and a restriction 
of the work of journalists to report and provide opinion.'' HRW said 
that the law ``severely threatens press freedom.'' The IACHR also 
expressed concern over enactment of the law, noting that it places 
conditions on information carried by news broadcasts, employs vague 
terminology, provides for ``potentially excessive penalties,'' and 
places broad restrictions on the content of programs that could have 
the effect of intimidating the media.
    The Government influenced the media through licensing requirements 
for journalists, broadcast licensing concessions for television and 
radio stations, and lucrative public sector advertising. In July, the 
Supreme Court reaffirmed the law that requires practicing journalists 
to have journalism degrees and be members of the National College of 
Journalists and prescribes 3- to 6-month jail terms for those who 
practice journalism illegally. These requirements are waived for 
foreigners and for opinion columnists.
    Some commercial radio stations complained that broadcasting 
frequencies for community radios were not allocated in accordance with 
broadcast regulations. According to the National Venezuelan Radio 
Broadcasting Chamber, most of these community radio stations neither 
received broadcasting licenses nor followed regulations and interfered 
with the broadcasts of licensed stations. The Government, not the 
communities, reportedly funded the community stations, whose 
broadcasting was pro-government and anti-opposition.
    The law permits the Government to order national broadcasts 
(cadenas) requiring all broadcast media to pre-empt scheduled 
programming and transmit the Government's message in its entirety. 
Domestic and international observers criticized the Government for 
abusing this legal provision. The International Association of 
Broadcasters stated that it considered the Government's ``unlimited 
abuse of official 'cadenas' on radio and television'' a violation of 
Article 13 of the American Convention on Human Rights and ``one of 
several direct or indirect means the Government uses to intimidate the 
communications media and society in general.'' According to private 
media sources, through December, there had been 282 hours of cadenas.
    The Government denied private media equal access to many official 
events, and, in cases when private media had access to government 
facilities, they often did not have access to officials and 
information. For example, only the government radio and television 
stations were authorized to have reporters at the presidential palace. 
State-controlled television and radio stations and many foreign news 
reporters continued to have full access to official events.
    There were recurrent, violent pro-government demonstrations in 
front of the studios of RCTV. On June 3, a group of men surrounded the 
station's headquarters, shot at office windows, vandalized the 
building, and drove a truck into the lobby of the building and set it 
afire. On June 8, video captured by the station showed a DISIP truck 
pulling up to the same building and several men, dressed in civilian 
clothing, getting out of the truck and further vandalizing the 
building.
    Also on June 3, government sympathizers attacked the offices of the 
dailies El Nacional and Asi es la Noticia for 4 hours. Approximately 20 
persons threw rocks and bottles, crashed a truck into the building's 
parking lot, set ablaze a distribution truck, and ransacked the offices 
of Asi es la Noticia.
    Journalists complained that official actors, including the National 
Guard, DIM, DISIP, and some local and municipal police forces, 
perpetrated a significant number of violent or threatening incidents 
against the media. Complaints lodged with the National Syndicate of 
Press Workers listed 7 assaults, 13 cases of harassment, and 2 
incidents of vandalism directly involving such official perpetrators. 
In February, several police officers beat Victor Serra, a Merida 
reporter. On March 2, three National Guardsmen harassed and attacked 
Juan Carlos Aguirre and Francisco Marcano, of CMT television, while 
they covered a protest in Caracas. On May 10, DIM agents stopped a 
reporter, photographer, and driver at a roadblock; beat and threatened 
them at gunpoint; and confiscated their cameras, tape recorders, 
radios, and press credentials.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom 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, although government supporters disrupted numerous marches 
and rallies. The Government required permits for public marches but did 
not deny them for political reasons. A 2002 government decree 
established eight security zones in Caracas and 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 headquarters of 
Petroleos de Venezuela, S.A. (PDVSA).
    The Constitution prohibits the use of firearms to control peaceful 
demonstrations. Supporters and opponents of the Government repeatedly 
demonstrated in the capital and other cities during the year, and 
several demonstrations resulted in injuries or loss of life. The 
authorities used firearms (including military weapons), tear gas, and 
billy clubs against demonstrators, and occasionally demonstrators 
fought back with clubs and rocks.
    On February 27, National Guard troops confronted a peaceful 
opposition march using tear gas and rubber bullets. The Government had 
changed the ending point of the march 24 hours beforehand. The ensuing 
violent confrontation continued for many hours, with civilian Chavez 
supporters and police using firearms to support the National Guard. A 
preschool was evacuated when the children were affected by tear gas. 
Demonstrations throughout the country, at times violent, followed for 
the next 7 days. According to the Human Rights Ombudsman, 9 persons 
were killed, 193 injured, and 513 detained. Human rights organizations 
and the political opposition claimed 16 persons were killed. Among 
those killed was Evangelina Coromoto Carrizo Leal, a local leader of 
Democratic Action, who was shot to death during a demonstration in 
Machiques, Tachira State on March 4. One National Guard officer was 
arrested, but was confined to his base, rather than detained. In 
November, a judge ordered the case to go forward. Many of those 
detained, and human rights organizations accused the police and 
National Guard of excessive use of force, torture, and abuse, and the 
Human Rights Ombudsman documented 7 cases of torture and 17 cases of 
abuse (see Section 1.c.).
    On August 16, some 50 persons demonstrated at Caracas' Plaza 
Francia against alleged fraud in the August 15 referendum. A group of 
government supporters arrived, and after a verbal confrontation, began 
shooting. One demonstrator was killed, and nine injured. Police 
arrested three of the gunmen after the media showed photos and 
videotape of them shooting into the crowd. In November, a judge ordered 
the three to stand trial.
    Professional and academic associations generally operated without 
interference; however, in 2000, the Supreme Court defined which 
organizations could act in the name of ``civil society'' to defend 
collective rights before the courts. The ruling declared that groups 
belonging to civil society could not receive money from foreign 
governments or groups influenced by foreign governments, engage in 
political activism, or be run by members of the military or religious 
groups. The Government brought charges of conspiracy against the NGO 
SUMATE based in part on the fact that the organization received 
financing from abroad (see Section 4).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, on the condition that its practice does not violate public 
morality, decency, or the public order, and the Government generally 
respected this right in practice.
    The Government and the Holy See have 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. Other religious groups are free to 
establish and run their own schools. While these groups do not receive 
subsidies from the Government, they may receive funding to repair 
buildings for religious use.
    Religious groups must register with the Ministry of Interior and 
Justice's Directorate of Justice and Religion to hold legal status as a 
religious organization and to own property. The requirements for 
registration are largely administrative; however, some groups 
complained that the process was slow and inefficient. Foreign 
missionaries must have a special visa to enter the country. 
Missionaries generally were not refused entry but faced the general 
bureaucratic inefficiency of the Government taking months or years to 
process a request.
    Several senior government officials, including the President, 
personally attacked Catholic Church leaders and made numerous public 
statements intended to intimidate the Church. In April, President 
Chavez denounced the country's Catholic Church leadership as ``immoral 
liars.''
    Statements by senior government officials supporting Iraq's Saddam 
Hussein and Islamic extremist movements raised tensions and intimidated 
the country's Jewish community. In April, the office of Vice President 
Rangel released a press statement referring to the owners of a business 
involved in a labor dispute as being ``of Jewish nationality,'' 
although they were citizens of the country. Anti-Semitic leaflets also 
were available to the public in an office waiting room at the Ministry 
of Interior and Justice.
    On May 27, small explosive devices went off near two Mormon 
churches. Damages were slight, and there were no injuries. Anti-Mormon 
propaganda pamphlets were found at each site.
    In November, CICPC officers investigating the killing of prosecutor 
Danilo Anderson searched the Hebrew Center of Caracas, just as a school 
on the site was opening. Jewish community leaders expressed outrage and 
indicated doubt regarding the authorities' explanation for the search.
    For a more detailed discussion, see the 2004 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 numerous reports that persons were denied passports 
and other official documents by government agencies for having signed 
the petition for the recall of the President. There were also reports 
that those whose identification numbers appeared on a list of petition 
signers had to pay exorbitant bribes to receive their documents.
    A judge issued an order preventing the departure from the country 
of a lawyer representing former National Assembly workers in a 
corruption suit against the former President of the National Assembly.
    The Constitution prohibits forced exile, and the Government did not 
use it.
    Both the Constitution and the Organic Refugee Law 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. In 
practice, the Government provided protection against refoulement, the 
return of persons to a country where they feared persecution.
    In February, the Government began granting refugee status to a 
small number of applicants. As of December, 3,800 persons had applied 
for refugee status to the National Refugee Commission (NRC), which was 
constituted in August 2003. The NRC approved 207 persons and denied 200 
persons. The U.N. High Commissioner for Refugees (UNHCR) worked with 
the NCR to investigate cases to speed the Commission's work.
    Persons who applied formally for refugee status received a 90-day 
renewable identification card allowing them to work, attend public 
school, or receive public health services. As of September 13, 
approximately 300,000 Colombians along the border were naturalized or 
granted residency through a government campaign that began in February. 
There were no statistics on how many of those naturalized or given 
residency were refugees, because it was common for Colombians fleeing 
across the boarder to blend into local communities where they had 
familial or ethnic ties rather than apply for formal refugee status. 
The NCR and UNHCR assumed that many Colombians chose to be naturalized 
rather than apply for refugee status because the process was quicker, 
required minimal documentation, and offered greater protection under 
the law.
    Few undocumented aliens found at security checkpoints along the 
border were deported unless an investigation revealed a criminal 
background. In late May, some 300 indigenous Wayuu fled into the 
country from Colombia and received temporary protective 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 through 
periodic 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. The Constitution also 
permits citizens to request recall referenda after the mid-point of the 
term of any elected official. Political parties organize and their 
candidates are allowed to run for office freely and to seek the support 
of voters. The President has extensive powers, and the legislature 
appoints the members of the Supreme Court and the Citizen Power Branch 
consisting of the Ombudsman, Public Prosecutor, and Comptroller 
General. In August 2003, after the National Assembly failed to do so, 
the Supreme Court appointed a transitional five-member CNE, which 
included two members and a president generally known to be pro-
government.
    Opponents of the President have sought to remove him from power 
since 2002. Following a national strike from December 2002 to February 
2003, government and opposition representatives signed an agreement in 
May 2003 that committed both sides to follow the Constitution and laws 
and acknowledged the constitutional right to hold a recall referendum 
if legal criteria were met. At the end of November 2003, opponents of 
President Chavez gathered sufficient signatures for the recall 
referendum. Opposition and pro-government parties also collected 
signatures to recall 70 National Assembly deputies. In February, the 
CNE disallowed more than 1 million of the approximately 3.7 million 
signatures collected for a presidential recall, on what appeared to be 
political rather than legal grounds. The opposition subsequently 
obtained sufficient signatures to activate the presidential recall 
referendum through the appeals process (reparos) in which nearly 1.2 
million signers were asked to appear again to confirm their signatures.
    The Carter Center found that signature collections during the 
reparo period were conducted in ``an atmosphere mostly free of 
violence--and with mostly clear and transparent procedures''; however, 
MVR Deputy Luis Tascon placed the names and national identification 
numbers of all those persons who had signed the petitions on his 
webpage. The information was used to discriminate against those who had 
signed, some of whom lost their government jobs, and many more of whom 
were denied government services, such as passports and identity cards. 
There were numerous reports that persons were intimidated by government 
officials not to ratify their signatures or to withdraw them, 
threatening loss of jobs, scholarships, pensions, and even denial of 
medical treatment.
    Following the CNE's June 3 decision to allow the referendum, the 
Government engaged in a massive naturalization and identification 
effort that took place in a few months. The Government claimed that the 
intention was to redress years of unjustified delays in granting 
citizenship and identity documents to poor citizens. CNE employees 
whose loyalty to the Government was unclear were reportedly not allowed 
to work in the units responsible for changes in the registry. 
Opposition supporters were denied any opportunity to observe the 
process, and the electoral registry grew by more than 1.4 million. Many 
of these voters had no addresses. Additional unexplained changes in 
voter addresses occurred just before the referendum, making it 
impossible for some persons to vote.
    On August 15, the country held its first-ever referendum to recall 
a president. The OAS found that irregularities and pro-government bias 
marked the process leading up to the vote. Because of delays reportedly 
related to the implementation of an untried electronic voting and 
fingerprint system, the CNE allowed the polls to stay open an extra 8 
hours. On August 16, some 3 hours after the polls closed, the CNE 
announced that President Chavez had won the vote. International 
observers declared that the CNE results were compatible with their 
findings. Chavez opponents challenged the CNE results, alleging 
irregularities, including that the vote count had been manipulated 
electronically and that the Government had illegally registered more 
than 1 million new voters. There were widespread media reports of 
intimidation, forced retractions, and threats of government retaliation 
against those who signed the petition or intended to vote to recall the 
President. Neither the CNE nor the Supreme Court found merit in the 
opposition's challenges, the Carter Center concluded that the automated 
machines worked well, and the CNE announced that the Government had 
received 59 percent of the nearly 10 million votes recorded. The OAS 
``found no element of fraud in the process,'' although the Carter 
Center observers noted that the process ``suffered from some 
irregularities, politicization, and intimidation.'' The OAS and the 
Carter Center stated that the official results were compatible with 
their own quick count and ``reflected the will of the electorate,'' and 
the OAS Permanent Council passed a resolution that acknowledged the 
referendum results.
    There was a popular perception of widespread corruption among all 
levels of the Government. The Comptroller General's office was largely 
inactive, except to accuse the Government's opponents of corruption. 
Journalists reported several cases of apparent corruption implicating 
high-level government officials, but none were investigated. The 
National Office of Identification and Immigration, the agency 
responsible for issuing identity cards and passports, was corrupt, a 
fact openly acknowledged by officials.
    The Constitution provides for citizens' access to government 
information and forbids censoring. Human rights groups reported that 
the Government routinely ignored this requirement, and did not make 
information available.
    On September 24, in response to a lawsuit by the NGO PROVEA, the 
Human Rights Ombudsman's office defended its right to refuse to release 
information on human rights abuses on the grounds that it was 
protecting the privacy rights of victims and that it had no legal 
responsibility to give information to PROVEA.
    Women and minorities participated fully in government and politics. 
The National Assembly's Family, Women, and Youth Committee promoted 
political opportunities for women. In the 2000 elections, women won 20 
seats in the 165-seat Assembly. There were 3 women in the 21-member 
cabinet and 8 women among the 32 Supreme Court justices.
    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 Constitution 
reserves three seats in the National Assembly for indigenous people, 
and these seats were filled in the 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, during the year, NGOs complained that a 2000 Supreme Court 
ruling that restricts the rights of NGOs that receive funding from 
foreign sources was being used to prosecute some NGOs (see Section 
2.b.).
    On February 15, President Chavez accused the electoral NGO SUMATE 
of treason for accepting funding from a foreign source. Prosecutors 
subsequently began an investigation of four principal members of the 
NGO and, in August, charged SUMATE with conspiracy to destroy the 
country's republican form of government. Following a Supreme Court 
ruling that the prosecution had violated procedures, the case was 
suspended pending the gathering of testimony from overseas. Prosecutors 
also opened an investigation of the leader of the education reform NGO 
Assembly of Educators for receiving money from a foreign source.
    President Chavez and NGOs have not met to discuss human rights 
problems since 1999. However, NGOs developed relationships with 
specific government bodies such as the Ministry of Education, the 
Ministry of Foreign Affairs, and the National Assembly. The CNE 
designated the nonpartisan NGO Electoral Eye as the only national 
observation group for the August 15 referendum.
    Several human rights NGOs received threats and intimidation by 
government representatives and supporters. Throughout the year, COFAVIC 
received e-mail and telephone threats from persons who identified 
themselves as Chavez supporters. The Metropolitan Police provided 
bodyguards for the COFAVIC director and protection in and around 
COFAVIC's office, in fulfillment by local authorities of an IACHR 
protective order. In February, the Government complied with a December 
2003 IACHR order to pay $1.56 million (2,496 million bolivars) to 
compensate relatives of the victims of the Caracazo riots and killings 
of 1989.
    In June, police harassed the leader of a local human rights NGO on 
two occasions, and presumed government supporters spread threatening 
material near his home.
    Police stated that they suspected Colombian paramilitaries killed 
human rights activist Joe Luis Castillo in 2003 (see Section 1.a.).
    In June, HRW criticized the new Organic Law of the Supreme Court 
and the politicization of the justice system. The Government responded 
with a personal attack on the HRW Executive Director, but did not 
address the substance of HRW's concerns (see Section 1.e.).
    PROVEA reported that, in December, the president of Corpozulia (a 
government-owned and controlled regional development corporation in the 
State of Zulia) and a Ministry of Energy and Mines official accused an 
environmental activist of being an agent of a foreign government and a 
terrorist. The activist was protesting potentially environmentally 
destructive coal mining operations.
    The Ombudsman is responsible for ensuring that citizens' rights are 
protected in a conflict with the state; however, human rights NGOs 
claimed that the Ombudsman's office acted on only a small number of 
cases presented to it. COFAVIC claimed that the Ombudsman and the 
Attorney General's office were not independent of the Executive Branch 
and therefore were unable to carry out effective investigations. During 
the year, the Ombudsman's office repeatedly defended the Government 
when accusations of human rights violations were made against it. In 
February and March, while recognizing the excesses of the security 
forces, the Ombudsman's office justified the repression against 
demonstrators by stating that protesters violated citizens' rights to 
work, travel, and education. The Ombudsman's office played no role in 
protesting the CNE's lack of openness and partisan decisions in the 
run-up to the presidential recall referendum.
    The National Assembly's Sub-Commission on Human Rights played an 
insignificant role in the national debate on human rights and released 
no public reports.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution 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 persons with disabilities access 
to jobs and public services, nor did it safeguard adequately the rights 
of indigenous people during the year.

    Women.--Violence against women continued to be a problem, and women 
faced substantial institutional and societal prejudice with respect to 
rape and domestic violence. Domestic violence and rape often were not 
reported to the police. According to the Center for Women's Studies at 
the Central University of Venezuela (CEM), there were 900 reported rape 
cases as of June, compared with 2,100 such cases throughout 2003. There 
were 8,000 cases of reported domestic violence from January 2003 to 
June 2004. Police generally were reluctant to intervene to prevent 
domestic violence, and the courts rarely prosecuted those accused of 
such abuse. The law requires police to report domestic violence and 
obligates hospital personnel to notify the authorities when they admit 
patients who are victims of domestic abuse cases. Women generally were 
unaware of legal remedies and had little access to them. Few police 
officers were trained to assist rape victims. Only 1,500 of the 11,000 
women who reported rape or abuse in 2003 and the first half of the year 
filed formal charges. In August, Linda Loaiza, the victim of brutal 
mistreatment and torture, staged a 6-day hunger strike to protest that 
her alleged aggressor had not been brought to trial in 2 years and thus 
could be released.
    Rape was difficult to prove largely because a medical examination 
was required within 48 hours of the crime. 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. If the rape victim is a prostitute, the rapist must serve only 
one-fifth of the sentence if convicted, a rule that applies to any 
crime committed against a prostitute. Prostitution is not illegal.
    Sexual harassment in the workplace was a common problem but is not 
a criminal offense.
    Women accounted for approximately half the student body of most 
universities and worked in many professions, including medicine and 
law. They were underrepresented in leadership positions and, on 
average, earned 30 percent less than men. Women attended military 
academies and served as officers in the armed forces.
    Women and men are legally equal in marriage. The Constitution 
provides for sexual equality in exercising the right to work. The Labor 
Code specifies that employers must not discriminate against women with 
regard to pay or working conditions, must not fire them during 
pregnancy or for 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 CTV, these regulations were enforced in the formal 
sector.
    The National Institute for Women, a government agency, had two 
programs to assist women in need and enhance the economic independence 
of women. The Women's Bank provided approximately 40,000 women with 
business and empowerment training and small-scale financing for micro-
enterprises managed by women. During the year, the Women's Shelters 
Program opened its first shelter to receive, care for, and rehabilitate 
women in distress.
    There were at least 10 NGOs in Caracas 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. Political differences 
created division among women's organizations, decreasing their 
effectiveness in advancing women's rights.

    Children.--The Organic Procedural Law on Adolescents and Children 
establishes legal protection of children under the age of 18, 
regardless of nationality; however, the law was not fully implemented. 
The Constitution provides that the State is to provide free education 
up to the university-preparatory level, and the law provides for 
universal, compulsory, and free education; however, an estimated 57 
percent of children left school before the ninth grade. The Ministry of 
Education, Culture, and Sports provided a public school feeding program 
for some children to promote school access and attendance through the 
high school level. Primary and secondary education was chronically 
underfunded.
    There were numerous government health care programs provided for 
boys and girls on the basis of equal access. UNICEF reported that the 
under-5 mortality rate was 21 per 1,000 and that the Government 
financed the expanded program of immunization.
    Reports of child abuse were rare due to a fear of entanglement with 
the authorities and societal ingrained attitudes regarding family 
privacy. According to UNICEF and other NGOs working with children and 
women, child abuse often included incest. 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 were inadequate and had poorly trained 
staff.
    UNICEF and CECODAP estimated that approximately 15,000 children 
lived on the street. Authorities in Caracas and several other 
jurisdictions tried to cope with the phenomenon of street children by 
imposing curfews for unsupervised minors. Reform institutions were 
filled to capacity, so hundreds of children accused of infractions, 
such as curfew violations, were confined in inadequate juvenile 
detention centers (see Section 1.c.).

    Trafficking in Persons.--The Constitution prohibits trafficking in 
persons, although there is no implementing law specifically for 
prosecution of all forms of trafficking in persons; however, there were 
reports that the country was a source, destination, and transit country 
for trafficked men, women, and children.
    Trafficking may be prosecuted under laws against forced 
disappearance and kidnapping (punishable by 2 to 6 years imprisonment) 
and, in the case of children, under the Organic Law to Protect Children 
and Adolescents (which carries a fine of 1 to 10 months' income for 
trafficking in children). The Law of Migration and Immigration, 
published on May 24, makes human smuggling punishable by 4 to 8 years 
in prison.
    In January, the Ministry of Foreign Affairs inaugurated an 
interdepartmental working group to develop plans to combat trafficking 
in persons. The working group designed but has yet to implement an 
informational campaign.
    The Government did not arrest or prosecute any individuals for 
trafficking in persons during the year, and no figures on trafficking 
were available from either government or NGO sources. CICPC's Interpol 
Division worked on two human trafficking cases involving seven women 
trafficked to Mexico and Spain. The two women lured to Mexico for 
sexual exploitation with false offers of employment were repatriated, 
but, despite cooperation with Spanish law enforcement, the five women 
trafficked to Spain had not been repatriated by year's end.
    PROVEA received complaints that women were trafficked to Europe for 
purposes of prostitution. Undocumented or fraudulently documented 
Ecuadorian and Chinese nationals transited the country and reportedly 
were forced to work off the cost of their transportation in conditions 
of servitude. Organized criminal groups, possibly including Colombian 
drug traffickers, Ecuadorian citizens, and Chinese mafia groups, 
reportedly were behind some of these trafficking activities. The 
Ombudsman's office continued to investigate whether some of the 
children separated from their parents in the 1999 flooding in Vargas 
State may have been trafficked.
    An underdeveloped legal framework, corruption among immigration 
authorities, and the ease with which fraudulent passports, identity 
cards, and birth certificates could be obtained created favorable 
conditions for trafficking.
    There were small specially trained CICPC sections devoted to 
prostitution and the protection of women.
    Government efforts to prevent trafficking are the responsibility of 
the Public Prosecutor's Family Protection Directorate and the National 
Institutes for Women and Minors. NGOs such as CECODAP and the Coalition 
Against Trafficking in Women also were involved in activities to combat 
trafficking; however, no details on their work were available.

    Persons With Disabilities.--According to local advocates, persons 
with disabilities encountered discrimination in many sectors, including 
education, health care, and employment. Persons with disabilities had 
minimal access to public transportation, and ramps were practically 
nonexistent, even in government buildings. The law requires that all 
newly constructed or renovated public parks and buildings provide 
access and prohibits 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 to 
change societal prejudice against persons with disabilities.
    There were no reports of discrimination against persons with mental 
disabilities.

    Indigenous People.--Although the law prohibits discrimination based 
on ethnic origin, members of the country's indigenous population 
suffered from inattention to and violation of their rights. There were 
approximately 316,000 indigenous people in 27 ethnic groups, many of 
whom were isolated from modern civilization and lacked access to basic 
health and educational facilities. High rates of cholera, hepatitis B, 
malaria, and other diseases plagued their communities. The Government 
included indigenous people in its literacy campaigns, in some cases, 
teaching them to read and write in their own languages as well as in 
Spanish.
    The Constitution creates three seats in the National Assembly for 
indigenous deputies 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, traditions, or the 
allocation of natural resources. Few indigenous people held title to 
their land, and many did not want to do so 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.
    There were no developments in the May 2003 case of the Yaruro 
indigenous group in Apure State who complained to the human rights 
group PROVEA that ranchers and others had invaded their lands, 
adversely impacting the area's natural resources on which the 
indigenous community depended. The Yaruro had also demanded compliance 
with Articles 120 and 129 of the Constitution requiring that any 
exploitation of natural resources within an indigenous group's 
territory only be undertaken after consultation with the effected 
group.
Section 6. Worker Rights
    a. The Right of Association.--Both the Constitution and the Labor 
Code recognize and encourage the right of workers to organize; however, 
the Government continued to violate the right of association. According 
to the Constitution, all workers, without prejudice or need of previous 
authorization, have the right to form and join unions of their choice. 
The Labor Code extends this right to all private and public sector 
employees, except members of the armed forces. Approximately 10 to 12 
percent of the 12-million-member national labor force was unionized.
    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. The CNE has the authority to 
administer the internal elections of labor confederations, which 
contravenes International Labor Organization (ILO) Conventions 87 and 
98. A 2002 law gives the CNE a technical advisory role in elections, 
which has proven to be the general practice. However, labor groups 
complained that the CNE is still empowered to certify union election 
winners, nullify elections, and adjudicate disputes.
    The Inter-American Regional Organization of Workers and 
International Confederation of Free Trade Unions (ICFTU) concluded that 
the Government seriously violated the right of association. The ILO 
repeatedly expressed concerns that the Labor Code violates freedom of 
association by requiring a high number of workers (100 workers) to form 
workers' trade unions and a high number of employers to form employer 
trade unions (10 employers). A constitutional requirement for 
alternation in union leadership leaves vague the right of unions to re-
elect their leaders. The ILO noted the Government's intent to reform 
the Labor Code to address these deficiencies, although the legislation 
remained pending in the National Assembly.
    The Government still refused to recognize the legitimacy of the 
CTV's elected leadership and refused to appoint the CTV Secretary 
General as labor's representative at the ILO's annual meetings in 2003 
and during the year. The ILO determined that the CTV was the country's 
most representative labor confederation.
    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. 
Nonetheless, the Ministry of Labor continued to deny registration to 
UNAPETROL, a union composed of oil workers who were later fired for 
participating in the December 2002-February 2004 national strike (see 
Section 6.b.).
    The CTV filed a formal complaint with the ILO that, during the 
year, 1,200 public sector workers had been fired or forced to retire in 
retaliation for having signed the petition calling for a recall 
referendum on President Chavez. The CTV alleged that the total number 
of public sector workers removed from their positions was more than 
5,000 (see Section 3).

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides that all public and private sector workers have 
the right to voluntary collective bargaining and to arrive at 
collective bargaining agreements. The Constitution directs the 
Government to ensure development of collective bargaining and to 
establish conditions favorable to collective relationships and the 
resolution of labor conflicts. The Labor Code stipulates that employers 
must negotiate a collective contract with the union that represents the 
majority of their workers. The ILO continued to object to this 
provision and 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 Government continued to show preference in collective 
bargaining agreements toward sympathetic unions and fostered the 
creation of parallel unions. CTV leaders claimed that the Ministry of 
Labor routinely rejected collective bargaining agreements negotiated by 
CTV affiliates on administrative grounds. CTV leaders further claimed 
that, in those sectors or firms where contracts were rejected, Ministry 
of Labor officials facilitated the rapid formation of parallel unions, 
which legally could force a vote among workers over which union would 
represent them. The CTV also complained that the Labor Ministry usually 
designated the parallel union as the one authorized to negotiate the 
contract.
    The Constitution and the 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 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.''
    The status of approximately 19,000 employees of PDVSA who were 
fired during and in the aftermath of the December 2002-February 2003 
national strike remained legally uncertain. The Government continued to 
deny the former workers severance and pension benefits as well as 
access to company housing, schools, and medical clinics. The Minister 
of Labor rejected a petition from the workers requesting compensation 
for what they claimed was an illegal firing. Although the ILO concluded 
in June that the PDVSA workers had engaged in a national strike, the 
Government permitted only a few employees to return to their jobs. The 
Government reportedly reinstated or compensated some workers who were 
on excused leave prior to or during the strike. The Government 
continued to pursue criminal charges against seven former PDVSA 
executives for alleged incitement to rebellion and sabotage of the oil 
industry.
    There were unconfirmed reports that CTV President Carlos Ortega, 
who fled the country in March 2003, had returned but was in hiding. 
Prosecutors were seeking to try Ortega for civil rebellion and 
incitement to commit a crime for his participation in the national 
strike. The ILO recommended the Government lift the arrest orders 
against the strike leaders.
    There were brief strikes throughout the year, including one in 
April-May in an important steel complex in Bolivar State.
    Labor law and practice are the same in the sole export processing 
zone of Punto Fijo, Falcon State, as in the rest of the country.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
states that no one may ``obligate others to work against their will,'' 
and such practices generally were not known to occur; however, there 
were reports of trafficking in children for employment purposes (see 
Sections 5 and 6.d.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law contains provisions to protect children from exploitation in the 
workplace. The Ministry of Labor and the National Institute for Minors 
enforced child labor policies effectively in the formal sector of the 
economy but less so in the informal sector. UNICEF's latest data 
reported that, as of 2001, 7 percent of children were in the labor 
market. A 2002 ICFTU report estimated that 1.2 million children were 
working in such areas as agriculture, domestic service, and street 
vending and that approximately 300,000 children worked in the formal 
sector.
    The Labor Code allows children between the ages of 12 and 14 to 
work only if the National Institute for Minors or the Ministry of Labor 
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 (see Section 5). The 
Criminal Code prohibits inducing the prostitution and corruption of 
minors. Persons convicted of these crimes may be sentenced to 
imprisonment from 3 to 18 months, and up to 4 years if the minor is 
younger than 12 years old.
    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. Children working in the informal sector, 
mostly as street vendors, generally worked more hours than permitted 
under the law. According to a 2003 Foundation for Social Action study, 
63 percent of child street vendors worked 7 days a week. The Ministry 
of Education, Culture, and Sports ran educational programs to 
reincorporate school drop-outs and adults into the educational system; 
however, there was no independent accounting of the effectiveness of 
the programs.

    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 Labor Code, 
minimum wage rates are set by administrative decree, which the 
legislature may suspend or ratify but may not change. The national 
minimum wage did not provide a decent standard of living for a worker 
and family, although the Government in May raised the monthly minimum 
wage by 30 percent to $167 (321,235 bolivars). Unions noted that a 
worker's income was often less than the cost of basic monthly food for 
a family of five, which, in June, was estimated by the Government's 
Central Office of Statistics and Information to be $168 (322,088 
bolivars). The figure did not include other necessities such as medical 
care, transportation, clothing, and housing. The Ministry of Labor 
enforced minimum wage rates effectively in the formal sector of the 
economy, but approximately 50 percent of the population worked 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 time, 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, authorities have not yet promulgated 
regulations to implement the Health and Safety Law, which was not 
enforced. 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.

                               __________
                               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 year-end 
developments may not be reflected fully. We make every effort to 
include references 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 sometimes 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, problems, and notable improvements 
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; discrimination against persons with HIV/
AIDS; societal violence against women, children, homosexuals, 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 a government or by opposition 
groups. Also covers extrajudicial killings (for example, the unlawful 
and deliberate killing of individuals carried out by order of a 
government or with its complicity), 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). In general, 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 classified 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 or 
Detention.''

    Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Covers torture (an act of intentionally inflicting severe 
pain, whether physical or mental) and cruel, inhuman, or degrading 
treatment or punishment, committed by or at the instigation of 
government forces or opposition groups. 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. In some reports, there may 
be discussion of poor treatment that may not constitute torture or 
cruel, inhuman, or degrading treatment. Covers prison conditions, 
including information based on international standards, and deaths in 
prison due to negligence by government officials.

    Arbitrary Arrest or Detention.--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.

    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 with arbitrary detention), defined as 
those convicted and imprisoned essentially for political beliefs or 
nonviolent acts of dissent or expression, regardless of the actual 
legal charge. Also includes the systemic failure of a government to 
enforce court orders with respect to restitution or compensation for 
the taking of private property under domestic law.

    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 and External Conflicts.--An optional section for use in 
describing abuses that occur in countries experiencing significant 
internal or external armed conflict. Includes indiscriminate, 
nonselective killings arising from excessive use of force, 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 or external 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 Internet and 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. The annual 
International Religious Freedom Report supplements the information in 
this section.

    Freedom of Movement Within the Country, Foreign Travel, Emigration, 
and Repatriation.--Includes discussion of internally displaced persons 
(IDPs); ``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. Also discusses whether, and under what 
circumstances, governments exile citizens.

    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), whether these groups are subject to 
reprisal by government or other forces, and whether government 
officials are cooperative and responsive to their views. 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. Discusses corruption in the executive or 
legislative branches of government and whether the public has access in 
lay and practice to government information.

    Discrimination, Societal Abuses, and Trafficking in Persons.--
Contains subheadings on Women, Children, Trafficking in Persons, and 
Persons with Disabilities. As appropriate, also includes subheadings on 
National/Racial/Ethnic Minorities, Indigenous People, Incitement to 
Acts of Discrimination, and Other Societal Abuses and Discrimination. 
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 disabilities, are subject to 
discrimination in, among other things, employment, education, and the 
provision of other government services.
    The trafficking in persons subheading covers 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.

    Worker Rights.--See Appendix B.

                           Explanatory Notes

    In many cases, the Country Reports on Human Rights Practices state 
that a country ``generally respected'' the rights of its citizens. The 
phrase ``generally respected'' is used because the protection and 
promotion of human rights is a dynamic endeavor; it cannot accurately 
be stated that any government fully respected these rights all the time 
without qualification, in even the best of circumstances. Accordingly, 
``generally respected'' 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.
    Since the Secretary of State designates foreign groups or 
organizations as Foreign Terrorist Organizations (FTOs) on the FTO 
list, only those groups on the FTO list dated October 19, 2004 will be 
described as ``terrorists'' in the reports.
    When describing whether a government provides ``protection against 
refoulement,'' the reports are referring to the international legal 
principle that prohibits states from expelling or returning a refugee 
in any manner whatsoever to the frontiers of territories where his or 
her life or freedom would be threatened on account of race, religion, 
nationality, political opinion, or membership in a particular social 
group.
    Subject headings in these reports are used to introduce general 
topics, and the report text that follows such headings is intended to 
describe facts generally relevant to those topics and is not intended 
to reach conclusions of a legal character.
                               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.'' 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 anti-union 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 149 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, not to the basic human rights standards, that is, freedom 
of association, the right to organize and bargain collectively, the 
prohibition of forced labor and child labor, and the absence of 
discrimination in employment.

                                                                       APPENDIX C--International Human Rights Conventions
                                                    [See the footnotes for a key to the International Human Rights Conventions listed here.]
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                              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    Y
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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    P
Algeria............................................................   P    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    P
Antigua & Barbuda..................................................   P    P    P    P    P    P    P   --   --    1    P    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    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    P
Azerbaijan.........................................................   P    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    P
Bahrain............................................................   P    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    P
Barbados...........................................................   P    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    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    P
Belize.............................................................   1    P    P    P    P    P    P   --   --   --    1    P    P    P    S    P    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    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    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    P
Botswana...........................................................   1    P    P   --    P    P    P   --   --   --    1    P    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    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    P
Burkina Faso.......................................................  --    P    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    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    P
Canada.............................................................   P   --    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    P
Cen. African Rep...................................................   2    P    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    P
Chile..............................................................   P    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    P
  Hong Kong........................................................   P   --   --    P   --   --   --   --   --    P   --   --    P   --   --   --   --   --   --   --   --    P    P    P   --
  Macau from 12-20-99..............................................  --   --   --    P   --   --   --   --   --   --   --   --    P   --   --   --   --   --   --   --   --   --    P   --   --
  Macau to 12-19-99................................................  --   --   --    P   --   --   --    P   --   --    P   --    P    P    P    P    P   --   --   --   --    P    P    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    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    P
Congo, Republic of.................................................   2    P    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    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    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    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    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    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    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    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    P
East Timor.........................................................  --   --   --   --   --   --    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    P
Egypt..............................................................   P    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    P
Equatorial Guinea..................................................  --    P    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    P
Ethiopia...........................................................   P   --    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    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    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    P
Gabon..............................................................  --    P    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    P
Georgia............................................................  --    P    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    P
Ghana..............................................................   2    P    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    P
Grenada............................................................   1    P    P    1    P    P    P   --   --    1    1    P    S    P    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    P
Guinea.............................................................   P    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    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    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    P
Iceland............................................................  --    P    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    P
Iran...............................................................   S    P   --    P   --    P    P    S   --   --    P    P    P    P    P    P    P   --   --    S   --   --    S    P    P
Iraq...............................................................   P    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    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    P
Jamaica............................................................   P    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    P
Jordan.............................................................   P    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    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    P
Kuwait.............................................................   P    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    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    P
Lesotho............................................................   P    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    P
Libya..............................................................   P    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    P
Luxembourg.........................................................  --    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P
Macedonia..........................................................   2    P    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    P
Malawi.............................................................   P    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    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    P
Malta..............................................................   P    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    P
Mauritius..........................................................   P    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    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    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    P
Morocco............................................................   P    P   --    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    S    S    P    P    P    P
Mozambique.........................................................  --   --    P    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    P
Nauru*.............................................................  --   --   --   --   --   --   --   --   --   --   --   --    S    S   --   --   --   --   --   --   --   --    S    P   --
Nepal..............................................................   P    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    P
New Zealand........................................................   P    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    P
Niger..............................................................   P    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    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    P
Oman*..............................................................  --    P   --   --   --    P    P   --   --   --   --   --    P   --   --   --   --   --   --    P    P   --   --    P    P
Pakistan...........................................................   P    P    P    P    P    P    P    P   --    P    P    P    P   --   --   --   --   --   --    S    S    P   --    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    P
Papua New Guinea...................................................   P    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    P
Peru...............................................................  --    P    P    P    P    P    P   --   --    P    S    P    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    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    P
Portugal...........................................................   2    P    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    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    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    P
Rwanda.............................................................  --    P    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    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    P
Senegal............................................................   2    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P
Serbia & Montenegro................................................  --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --    P   --   --    P
Seychelles.........................................................   2    P    P    P    P    P    P    P   --    1    P    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    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    P
Slovenia...........................................................  --    P    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    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    P
Sri Lanka..........................................................   P    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    P
St. Lucia..........................................................   P    P    P    1    P    P    P   --   --    1    P    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    P
Sudan..............................................................   P    P   --   --    P    P    P   --   --   --    P    P    P    P    P    P    P   --   --   --   --   --    S    P    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    P
Sweden.............................................................   P    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    P
Syria..............................................................   P    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    P
Thailand...........................................................  --    P   --   --   --    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    P
Tonga*.............................................................   1   --   --    P   --    P    P   --   --    1    1    1    P   --   --   --   --   --   --    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    P
Tunisia............................................................   P    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    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    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    P
United Arab Emir...................................................  --    P   --   --   --    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    P
United States......................................................   P   --   --    P   --    P    P   --   --    P    P    P    P    P    S   --    P    S   --    S    S    S    P    S    P
Uruguay............................................................   P    P    P    P    P    P    P   --   --    S    P    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    P
Yemen..............................................................   P    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    P
Zimbabwe...........................................................   1    P   --    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  Y--
  ILO Convention 182
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                               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.

    Y.  Convention Concerning the Prohibition and Immediate Action for 
the Elimination of the Worst Forms of Child Labor of June 17, 1999 (ILO 
Convention 182).

                                          APPENDIX E.--2004 Selected U.S. Assistance Programs--Actual Obligations Country/Account Summaries (`Spigots')
                                                                                        ($ in thousands)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
     Countries/Accounts          CSH         DA        ESF        FMF        FSA      GHAI      IMET      INCLE      ACI        MRA        NADR       PKO        SEED        Other       Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Africa
  Africa Regional...........     23,027    45,707-         --         --        --        --     2,830        --         --         --      9,761         --          --      81,325
  Africa Regional Fund......         --         --     11,929         --        --        --        --        --         --         --         --         --          --          --      11,929
  African Contingency                --         --         --         --        --        --        --        --         --         --         --     15,410          --          --      15,410
   Operations Training and
   Assistance...............
  African Development Bank..         --         --         --         --        --        --        --        --         --         --         --         --          --       5,075       5,075
  African Development                --         --         --         --        --        --        --        --         --         --         --         --          --      18,579      18,579
   Foundation...............
  African Development Fund..         --         --         --         --        --        --        --        --         --         --         --         --          --     112,060     112,060
  Angola....................      8,100      6,171      3,479         --        --        --       300        --         --         --      5,300         --          --          --      23,350
  ATA Regional--Africa......         --         --         --         --        --        --        --        --         --         --     10,718         --          --          --      10,718
  Benin.....................      7,550      8,209         --         --        --        --        --        --         --         --         --         --          --       2,622      18,381
  Botswana..................         --         --         --        500        --     8,806       922        --         --         --         --         --          --       1,430      11,658
  Burkina Faso..............         --         --         --         --        --        --       115        --         --         --         --         --          --       2,719       2,834
  Burundi...................        700      2,270      3,479         --        --        --        --        --         --         --         --         --          --          --       6,449
  Cameroon..................         --         --         --         --        --        --       361        --         --         --         --         --          --       3,142       3,503
  Cape Verde................         --         --         --         --        --        --       200        --         --         --         --         --          --       1,519       1,719
  Central Africa Regional...         --     16,000         --         --        --        --        --        --         --         --         --         --          --          --      16,000
  Chad......................         --         --         --         --        --        --       574        --         --         --        950         --          --       1,569       3,093
  Comoros...................         --         --         --         --        --        --       121        --         --         --         --         --          --          --         121
  Cote d'Ivoire.............         --         --         --         --        --     7,523        --        --         --         --         --         --          --          --       7,523
  Democratic Republic of         22,404     12,699      4,971         --        --        --       332        --         --         --         --         --          --          --      40,406
   Congo....................
  Djibouti..................         --         --         --      6,378        --        --       406        --         --         --        271         --          --          --       7,055
  Eritrea...................      5,000      1,739         --         --        --        --        42        --         --         --      1,452         --          --          --       8,233
  Ethiopia..................     33,600     18,426      3,971      2,480        --    15,231       542        --         --         --         --         --          --          --      74,250
  Gabon.....................         --         --         --         --        --        --       283        --         --         --         --         --          --       2,372       2,655
  Gambia....................         --         --         --         --        --        --       183        --         --         --         --         --          --       1,936       2,119
  Ghana.....................     18,620     18,645         --        737        --        --       921        --         --         --         --         --          --       2,545      41,468
  Guinea....................      6,350     12,505         --         --        --        --       482        --         --         --         --         --          --       2,543      21,880
  Kenya.....................     34,877     12,001      7,953      6,635        --    34,631       638        --         --         --      1,488         --          --       2,937     101,160
  Kimberley Process.........         --         --      1,491         --        --        --        --        --         --         --         --         --          --          --       1,491
  Lesotho...................         --         --         --         --        --        --        --        --         --         --         --         --          --       2,282       2,282
  Liberia...................      2,819         --         --         --        --        --        --        --         --         --        160         --          --     200,000     202,979
  Madagascar................     10,365     10,378         --         --        --        --       333        --         --         --         --         --          --       2,203      23,279
  Malawi....................     19,800     12,441         --         --        --        --       415        --         --         --         --         --          --       2,173      34,829
  Mali......................     14,200     25,267         --         --        --        --        --        --         --         --         --         --          --       3,573      43,040
  Mauritania................         --         --         --         --        --        --       234        --         --         --         --         --          --       1,840       2,074
  Mauritius.................         --         --         --         --        --        --       144        --         --         --         --         --          --          --         144
  Military Health Affairs...         --         --         --      1,490        --        --        --        --         --         --         --         --          --          --       1,490
  Mozambique................     20,380     24,572         --         --        --    11,083       243        --         --         --      1,492         --          --       2,092      59,862
  MRA Africa................         --         --         --         --        --        --        --        --         --    226,387         --         --          --          --     226,387
  Namibia...................      3,965      6,631         --         --        --    14,147        --        --         --         --         --         --          --       2,092      26,835
  NED Democracy Programs--AF         --         --      2,982         --        --        --        --        --         --         --         --         --          --          --       2,982
  Niger.....................         --         --         --         --        --        --        --        --         --         --         --         --          --       2,735       2,735
  Nigeria...................     32,208     15,396      4,971         --        --    25,415        --     2,250         --         --         --         --          --          --      80,240
  REDSO/ESA.................     12,500     22,977         --         --        --        --        --        --         --         --         --         --          --          --      35,477
  Regional Center for             5,950     18,921         --         --        --        --        --        --         --         --         --         --          --          --      24,871
   Southern Africa..........
  Regional Organizations....         --         --      2,982         --        --        --        --        --         --         --         --         --          --          --       2,982
  Republic of the Congo.....         --         --         --         --        --        --        27        --         --         --         --         --          --          --          27
  Rwanda....................     13,300      5,871         --         --        --    16,382       298        --         --         --         --         --          --          --      35,851
  Safe Skies................         --         --      4,971         --        --        --        --        --         --         --         --         --          --          --       4,971
  Sao Tome and Principe.....         --         --         --         --        --        --       188        --         --         --         50         --          --          --         238
  Senegal...................     14,675     13,896         --        737        --        --     1,188        --         --         --        112         --          --       3,448      34,056
  Seychelles................         --         --         --         --        --        --        98        --         --         --         --         --          --          --          98
  Sierra Leone..............        100      3,685      4,971         --        --        --       416        --         --         --         --         --          --          --       9,172
  Somalia...................        100        899         --         --        --        --        --        --         --         --         --         --          --          --         999
  South Africa..............     31,028     29,398      1,988         --        --    31,787        --     1,770         --         --         --         --          --       3,114      99,085
  Sudan.....................     11,500     50,263     10,941         --        --        --        --        --         --         --      2,858      5,000          --      90,000     170,562
  Swaziland.................         --         --         --         --        --        --       131        --         --         --         --         --          --       1,574       1,705
  Tanzania..................     23,000      7,523         --         --        --    25,027        --        --         --         --        844         --          --       2,545      58,939
  Togo......................         --         --         --         --        --        --       204        --         --         --         --         --          --       2,489       2,693
  Uganda....................     36,020     28,176         --      1,990        --    44,598       371        --         --         --        150         --          --       1,535     112,840
  West Africa Regional......     19,300     20,489         --         --        --        --        --        --         --         --         --         --          --          --      39,789
  Zambia....................     34,801     14,186         --         --        --    29,210       461        --         --         --         --         --          --       3,421      82,079
  Zimbabwe..................     11,100      1,375      2,982         --        --        --        --        --         --         --         --         --          --          --      15,457
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Africa................    477,339    466,716     74,061     20,947        --   263,840    11,173     6,850         --    226,387     25,845     30,171          --     488,164   2,091,493
================================================================================================================================================================================================
East Asia and the Pacific
  ASEAN.....................         --         --        994         --        --        --        --        --         --         --         --         --          --          --         994
  ATA Regional--East Asia            --         --         --         --        --        --        --        --         --         --      8,707         --          --          --       8,707
   and the Pacific..........
  Burma.....................         --         --     12,923         --        --        --        --        --         --         --         --         --          --          --      12,923
  Cambodia..................     29,360      2,750     16,900         --        --        --        --        --         --         --      3,916         --          --          --      52,926
  China.....................         --         --         --         --        --        --        --        --         --         --         --         --          --         863         863
  East Timor................         --         --     22,367      2,420        --        --       159        --         --         --         --      1,050          --       1,320      27,316
  Environmental Programs....         --         --      1,740         --        --        --        --        --         --         --         --         --          --          --       1,740
  Fiji......................         --         --         --         --        --        --       229        --         --         --         --         --          --       1,439       1,668
  Indonesia.................     33,000     33,291     49,705         --        --        --       599        --         --         --      5,998         --          --          --     122,593
  Kiribati..................         --         --         --         --        --        --        --        --         --         --         --         --          --       1,322       1,322
  Laos......................         --         --         --         --        --        --        --     2,000         --         --      1,412         --          --          --       3,412
  Malaysia..................         --         --         --         --        --        --       939        --         --         --        230         --          --          --       1,169
  Micronesia................         --         --         --         --        --        --        --        --         --         --         --         --          --       1,963       1,963
  Mongolia..................         --         --      9,941        995        --        --       872        --         --         --         --      1,000          --       1,646      14,454
  MRA East Asia.............         --         --         --         --        --        --        --        --         --     20,404         --         --          --          --      20,404
  NED Democracy Programs--           --         --      2,982         --        --        --        --        --         --         --         --         --          --          --       2,982
   EAP......................
  Papua New Guinea..........         --         --         --         --        --        --       292        --         --         --         --         --          --          --         292
  Philippines...............     28,850     21,568     17,645     19,880        --        --     2,700     2,000         --         --        750     15,000          --       2,774     111,167
  Regional Development           17,073      9,200         --         --        --        --        --        --         --         --         --         --          --          --      26,273
   Mission/Asia.............
  Regional Women's Issues...         --         --      1,988         --        --        --        --        --         --         --         --         --          --          --       1,988
  Samoa.....................         --         --         --         --        --        --        --        --         --         --         --         --          --       1,293       1,293
  Singapore.................         --         --         --         --        --        --        --        --         --         --        430         --          --          --         430
  Solomon Islands...........         --         --         --         --        --        --        45        --         --         --         --         --          --          27          72
  South Pacific Fisheries...         --         --     17,894         --        --        --        --        --         --         --         --         --          --          --      17,894
  Taiwan....................         --         --         --         --        --        --        --        --         --         --        550         --          --          --         550
  Thailand..................         --         --         --        881        --        --     2,572     2,000         --         --      1,380        500          --       1,840       9,173
  Tibet.....................         --         --      3,976         --        --        --        --        --         --         --         --         --          --          --       3,976
  Tonga.....................         --         --         --        500        --        --       136        --         --         --         --         --          --       1,093       1,729
  Vanuatu...................         --         --         --         --        --        --       100        --         --         --         --         --          --       1,778       1,878
  Vietnam...................      6,100      3,000         --         --        --    10,000        --        --         --         --      3,214         --          --          --      22,314
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total East Asia and the         114,383     69,809    159,055     24,676        --    10,000     8,643     6,000         --     20,404     26,587     17,550          --      17,358     474,465
 Pacific....................
================================================================================================================================================================================================
Europe and Eurasia
  Albania...................         --         --         --      5,000        --        --     1,198        --         --         --        600         --      28,235       1,501      36,534
  Armenia...................         --         --         --      2,485    74,558        --       869        --         --         --        300         --          --       1,604      79,816
  ATA Regional--Europe and           --         --         --         --        --        --        --        --         --         --     20,079         --          --          --      20,079
   Eurasia..................
  Azerbaijan................         --         --         --      2,485    38,782        --     1,084        --         --         --      3,068         --          --       1,326      46,745
  Belarus...................         --         --         --         --     8,055        --        --        --         --         --         --         --          --          --       8,055
  Bosnia and Herzegovina....         --         --         --     18,400        --        --       991        --         --         --        600         --      44,735          --      64,726
  Bulgaria..................         --         --         --      8,450        --        --     1,463        --         --         --      2,000         --      27,835       3,214      42,962
  Central and Eastern Europe        250         --         --         --        --        --        --        --         --         --         --         --          --          --         250
   Regional.................
  Central Asian Republics...      1,000         --         --         --        --        --        --        --         --         --         --         --          --          --       1,000
  Croatia...................         --         --         --         --        --        --        --        --         --         --        850         --      24,853          --      25,703
  Cyprus....................         --         --     38,420         --        --        --        --        --         --         --        400         --          --          --      38,820
  Czech Republic............         --         --         --      7,869        --        --     2,276        --         --         --         --         --          --          --      10,145
  Estonia...................         --         --         --      5,979        --        --     1,408        --         --         --        995         --          --          --       8,382
  European Bank for                  --         --         --         --        --        --        --        --         --         --         --         --          --      35,222      35,222
   Reconstruction and
   Development..............
  Georgia...................         --         --         --     12,000    71,701        --     1,228        --         --         --      1,500      3,000          --       1,525      90,954
  Greece....................         --         --         --         --        --        --       568        --         --         --         --         --          --          --         568
  Hungary...................         --         --         --      6,938        --        --     2,044        --         --         --         --         --          --          --       8,982
  International Fund for             --         --     18,391         --        --        --        --        --         --         --         --         --          --          --      18,391
   Ireland..................
  Irish Visa Program........         --         --      3,479         --        --        --        --        --         --         --         --         --          --          --       3,479
  Kazakhstan................         --         --         --      2,980    33,342        --     1,233        --         --         --      2,000         --          --       2,312      41,867
  Kosovo....................         --         --         --         --        --        --        --        --         --         --         --         --      78,534          --      78,534
  Kyrgyz Republic...........         --         --         --      4,075    36,238        --     1,047        --         --         --        500         --          --       1,669      43,529
  Latvia....................         --         --         --      6,496        --        --     1,337        --         --         --      2,185         --          --          --      10,018
  Lithuania.................         --         --         --      6,389        --        --     1,343        --         --         --        840         --          --          --       8,572
  Macedonia.................         --         --         --      7,950        --        --       858        --         --         --        550         --      38,770       1,542      49,670
  Malta.....................         --         --         --         --        --        --        --        --         --         --        250         --          --          --         250
  Moldova...................         --         --         --        990    22,543        --     1,225        --         --         --        640         --          --       2,253      27,651
  MRA Europe................         --         --         --         --        --        --        --        --         --     54,558         --         --          --          --      54,558
  OSCE Bosnia...............         --         --         --         --        --        --        --        --         --         --         --     11,500          --          --      11,500
  OSCE Croatia..............         --         --         --         --        --        --        --        --         --         --         --      1,800          --          --       1,800
  OSCE Kosovo...............         --         --         --         --        --        --        --        --         --         --         --      7,000          --          --       7,000
  OSCE Regional--Europe and          --         --         --         --        --        --        --        --         --         --         --      8,014          --          --       8,014
   Eurasia..................
  Poland....................         --         --         --     32,500        --        --     2,283        --         --         --         --         --          --          --      34,783
  Portugal..................         --         --         --         --        --        --       752        --         --         --         --         --          --          --         752
  Regional FSA..............         --         --         --         --    42,646        --        --        --         --         --         --         --          --          --      42,646
  Regional SEED.............         --         --         --         --        --        --        --        --         --         --         --         --      37,775          --      37,775
  Romania...................         --         --         --      8,950        --        --     1,529        --         --         --        715         --      27,835       3,141      42,170
  Russia....................      3,000         --         --         --    96,350        --       778        --         --         --      1,800         --          --          --     101,928
  Science Centers/Bio                --         --         --         --        --        --        --        --         --         --     50,202         --          --          --      50,202
   Redirection..............
  Serbia and Montenegro.....         --         --         --         --        --        --        --        --         --         --        750         --     133,803          --     134,553
  Slovakia..................         --         --         --      6,603        --        --     1,075        --         --         --        305         --          --          --       7,983
  Slovenia..................         --         --         --      1,974        --        --       950        --         --         --        365         --          --          --       3,289
  Tajikistan................         --         --         --      1,995    24,451        --       351        --         --         --        300         --          --          --      27,097
  Turkey....................         --         --     10,000     35,000        --        --     5,000        --         --         --        600         --          --          --      50,600
  Turkmenistan..............         --         --         --        500     5,700        --       340        --         --         --         --         --          --       1,858       8,398
  Ukraine...................      1,750         --         --      5,000    94,283        --     1,834        --         --         --      2,142      3,500          --       4,504     113,013
  Uzbekistan................         --         --         --         --    35,888        --       484        --         --         --         --         --          --       2,070      38,442
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Europe and Eurasia....      6,000         --     70,290    191,008   584,537        --    35,548        --         --     54,558     94,536     34,814     442,375      63,741   1,577,407
================================================================================================================================================================================================
Near East
  Algeria...................         --         --         --         --        --        --       722        --         --         --         --         --          --          --         722
  ATA Regional--Near East            --         --         --         --        --        --        --        --         --         --     11,781         --          --          --      11,781
   Asia.....................
  Bahrain...................         --         --         --     24,682        --        --       568        --         --         --         --         --          --          --      25,250
  Egypt.....................         --         --    571,608  1,292,330        --        --     1,369        --         --         --         --         --          --          --   1,865,307
  Iraq......................         --         --         --         --        --        --        --        --         --         --        500         --          --          --         500
  Israel....................         --         --    477,168  2,147,256        --        --        --        --         --         --         --         --          --          --   2,624,424
  Jordan....................         --         --    348,525    204,785        --        --     3,225        --         --         --      2,030         --          --       1,268     559,833
  Lebanon...................         --        400     34,794         --        --        --       700        --         --         --        900         --          --          --      36,794
  Middle East Partnership            --         --     89,469         --        --        --        --        --         --         --         --         --          --          --      89,469
   Initiative...............
  Middle East Regional               --         --      5,467         --        --        --        --        --         --         --         --         --          --          --       5,467
   Cooperation..............
  Morocco...................         --      5,400         --      9,940        --        --     1,997        --         --         --        350         --          --       3,110      20,797
  MRA Humanitarian Migrants          --         --         --         --        --        --        --        --         --     49,705         --         --          --          --      49,705
   to Israel................
  MRA Near East.............         --         --         --         --        --        --        --        --         --    100,538         --         --          --          --     100,538
  Multinational Force and            --         --         --         --        --        --        --        --         --         --         --     16,213          --          --      16,213
   Observers................
  NED Muslim Democracy               --         --      3,479         --        --        --        --        --         --         --         --         --          --          --       3,479
   Programs.................
  Oman......................         --         --         --     24,850        --        --       825        --         --         --        400         --          --          --      26,075
  Saudi Arabia..............         --         --         --         --        --        --        24        --         --         --         --         --          --          --          24
  Tunisia...................         --         --         --      9,827        --        --     1,899        --         --         --         --         --          --          --      11,726
  United Arab Emirates......         --         --         --         --        --        --        --        --         --         --        250         --          --          --         250
  West Bank/Gaza............         --         --     74,558         --        --        --        --        --         --         --         --         --          --          --      74,558
  Yemen.....................         --         --     11,432     14,910        --        --       886        --         --         --      1,243      5,000          --          --      33,471
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Near East.............         --      5,800  1,616,500  3,728,580        --        --    12,215        --         --    150,243     17,454     21,213          --       4,378   5,556,383
================================================================================================================================================================================================
South Asia
  Afghanistan...............     31,000    148,822    899,558    413,705        --        --       674   220,000         --         --     64,902     20,000          --          --   1,798,661
  ATA Regional--South Asia..         --         --         --         --        --        --        --        --         --         --      6,524         --          --          --       6,524
  Bangladesh................     35,500     18,200      4,971         --        --        --       862        --         --         --         --         --          --       1,566      61,099
  India.....................     47,800     22,539     14,912         --        --        --     1,366        --         --         --        685         --          --          --      87,302
  Maldives..................         --         --         --         --        --        --       181        --         --         --         --         --          --          --         181
  MRA South Asia............         --         --         --         --        --        --        --        --         --     73,741         --         --          --          --      73,741
  Nepal.....................     24,840      8,874      4,971      3,975        --        --       546        --         --         --         --         --          --       2,108      45,314
  Pakistan..................     25,600     49,400    200,000     74,560        --        --     1,384    31,500         --         --      4,930         --          --          --     387,374
  South Asia Regional Fund..         --         --      1,988         --        --        --        --        --         --         --         --         --          --          --       1,988
  Sri Lanka.................        300      4,750     11,929      2,495        --        --       553        --         --         --      1,775         --          --          --      21,802
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total South Asia............    165,040    252,585  1,138,329    494,735        --        --     5,566   251,500         --     73,741     78,816     20,000          --       3,674   2,483,986
================================================================================================================================================================================================
Western Hemisphere
  Administration of Justice.         --         --      4,424         --        --        --        --        --         --         --         --         --          --          --       4,424
  Amazon Environmental               --     10,000         --         --        --        --        --        --         --         --         --         --          --          --      10,000
   Initiative...............
  Argentina.................         --         --         --         --        --        --     1,087        --         --         --         --         --          --          --       1,087
  ATA Regional--Western              --         --         --         --        --        --        --        --         --         --      5,331         --          --          --       5,331
   Hemisphere...............
  Bahamas...................         --         --         --         99        --        --       165     1,000         --         --         --         --          --          --       1,264
  Belize....................         --         --         --        191        --        --       277        --         --         --         --         --          --       1,614       2,082
  Bolivia...................     14,602     12,032      8,000      3,976        --        --       589        --     91,000         --         --         --          --       2,870     133,069
  Brazil....................      9,650      7,643        750         --        --        --        --        --     10,200         --         --         --          --          --      28,243
  Caribbean Regional........      4,029      6,281         --         --        --        --        --        --         --         --         --         --          --          --      10,310
  Central American Regional.      4,950     15,807         --         --        --        --        --        --         --         --         --         --          --          --      20,757
  Chile.....................         --         --         --        347        --        --       600        --         --         --         --         --          --          --         947
  Colombia..................         --         --         --     98,450        --        --     1,676        --    473,900         --         --         --          --          --     574,026
  Costa Rica................         --         --         --         --        --        --        --        --         --         --         --         --          --       1,395       1,395
  Cuba......................         --         --     21,369         --        --        --        --        --         --         --         --         --          --          --      21,369
  Dominican Republic........     13,166     11,413      3,682      2,000        --        --       973        --         --         --         --         --          --       2,734      33,968
  Eastern Caribbean.........         --         --         --      3,137        --        --       719        --         --         --         --         --          --       3,044       6,900
  Ecuador...................         --      7,068     10,473         --        --        --        --        --     35,000         --         --         --          --       2,995      55,536
  El Salvador...............      7,150     27,155         --      5,000        --        --     1,480        --         --         --         --         --          --       2,158      42,943
  Guatemala.................     11,400     12,362      4,971         --        --        --       504     3,000         --         --         --         --          --       3,601      35,838
  Guyana....................      1,700      2,850         --         95        --     5,097       359        --         --         --         --         --          --       1,489      11,590
  Haiti.....................     22,783      8,899     54,982        295        --    13,047       235        --         --         --         --        210          --       1,403     101,854
  Hemispheric Cooperation            --         --      6,941         --        --        --        --        --         --         --         --         --          --          --       6,941
   Program..................
  Honduras..................     12,777     22,797         --      2,375        --        --     1,309        --         --         --         --         --          --       4,063      43,321
  Inter-American Development         --         --         --         --        --        --        --        --         --         --         --         --          --      24,853      24,853
   Bank--Multilateral
   Investment Fund..........
  Inter-American Foundation.         --         --         --         --        --        --        --        --         --         --         --         --          --      16,238      16,238
  Jamaica...................      4,621     14,160         --        597        --        --       700     1,500         --         --         --         --          --       2,608      24,186
  LAC Regional..............     12,144     33,527         --         --        --        --        --        --         --         --         --         --          --          --      45,671
  Latin America Regional....         --         --         --         --        --        --        --     4,850         --         --         --         --          --          --       4,850
  Mexico....................      3,700     17,282     11,432         --        --        --     1,275    37,000         --         --         --         --          --         987      71,676
  MRA Western Hemisphere....         --         --         --         --        --        --        --        --         --     21,526         --         --          --          --      21,526
  Nicaragua.................      7,406     25,536         --        938        --        --       779        --         --         --        300        500          --       2,499      37,958
  OAS Demining..............         --         --         --         --        --        --        --        --         --         --      2,611         --          --          --       2,611
  OAS Development Assistance         --         --         --         --        --        --        --        --         --         --         --         --          --       5,468       5,468
   Programs.................
  OAS Fund for Strengthening         --         --         --         --        --        --        --        --         --         --         --         --          --       2,982       2,982
   Democracy................
  OAS Special Mission in             --         --         --         --        --        --        --        --         --         --         --         --          --       4,971       4,971
   Haiti....................
  Panama....................         --      5,622      1,000      2,000        --        --       558        --      6,487         --         40         --          --       2,478      18,185
  Paraguay..................      2,325      4,140      2,982         --        --        --        --        --         --         --         --         --          --       3,020      12,467
  Peru......................     17,582     13,786      7,453         --        --        --        --        --    116,000         --         --         --          --       1,892     156,713
  Peru-Ecuador Peace........         --         --      3,976         --        --        --        --        --         --         --         --         --          --          --       3,976
  South America Regional....         --      2,400         --         --        --        --        --        --         --         --         --         --          --          --       2,400
  Suriname..................         --         --         --        114        --        --       151        --         --         --         --         --          --       1,206       1,471
  Third Border Initiative...         --         --      4,976         --        --        --        --        --         --         --         --         --          --          --       4,976
  Venezuela.................         --         --      1,497         --        --        --        --        --      5,000         --         --         --          --          --       6,497
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Western Hemisphere....    149,985    260,760    148,908    119,614        --    18,144    13,436    47,350    737,587     21,526      8,282        710          --      96,568   1,622,870
================================================================================================================================================================================================
Global
  Asia Regional.............         --         --         --         --        --        --        --     1,000         --         --         --         --          --          --       1,000
  Asia--Near East Regional..      2,317     19,667         --         --        --        --        --        --         --         --         --         --          --          --      21,984
  Asian Development Fund....         --         --         --         --        --        --        --        --         --         --         --         --          --     143,569     143,569
  ATA Course Translations...         --         --         --         --        --        --        --        --         --         --      2,748         --          --          --       2,748
  ATA Program Management....         --         --         --         --        --        --        --        --         --         --      5,888         --          --          --       5,888
  Center for Human                   --         --         --         --        --        --        --        --         --         --         --         --          --         746         746
   Settlements..............
  Central Programs..........         --         --         --         --        --   129,797        --        --         --         --         --         --          --          --     129,797
  Civilian Police Program...         --         --         --         --        --        --        --     2,700         --         --         --         --          --          --       2,700
  CTBT International                 --         --         --         --        --        --        --        --         --         --     18,888         --          --          --      18,888
   Monitoring System........
  Debt Restructuring........         --         --         --         --        --        --        --        --         --         --         --         --          --      94,440      94,440
  Demand Reduction..........         --         --         --         --        --        --        --     5,000         --         --         --         --          --          --       5,000
  Demining Administrative            --         --         --         --        --        --        --        --         --         --        690         --          --          --         690
   Expenses.................
  Demining Crosscutting              --         --         --         --        --        --        --        --         --         --      4,019         --          --          --       4,019
   Initiatives..............
  Demining Research and              --         --         --         --        --        --        --        --         --         --        744         --          --          --         744
   Training.................
  Democracy, Conflict &           4,345     86,429         --         --        --        --        --        --         --         --         --         --          --          --      90,774
   Humanitarian Assistance..
  Development Credit                 --         --         --         --        --        --        --        --         --         --         --         --          --       7,953       7,953
   Program--Admin. Exp......
  E-D--IMET Schools.........         --         --         --         --        --        --     3,360        --         --         --         --         --          --          --       3,360
  Economic Growth,                   --    172,987         --         --        --        --        --        --         --         --         --         --          --          --     172,987
   Agriculture and Trade....
  Enhanced International             --         --         --      1,990        --        --        --        --         --         --         --         --          --          --       1,990
   Peacekeeping Capabilities
  Export Control Program             --         --         --         --        --        --        --        --         --         --      1,850         --          --          --       1,850
   Administration...........
  Export Control Regional            --         --         --         --        --        --        --        --         --         --      6,426         --          --          --       6,426
   Advisors.................
  Export-Import Bank--               --         --         --         --        --        --        --        --         --         --         --         --          --      72,467      72,467
   Administrative Expenses..
  Export-Import Bank--Direct         --         --         --         --        --        --        --        --         --         --         --         --          --    (42,000)    (42,000)
   Loans, Negative Subsidies
  FMF Administrative Costs..         --         --         --     40,260        --        --        --        --         --         --         --         --          --          --      40,260
  General Costs.............         --         --         --         --        --        --       500        --         --         --         --         --          --          --         500
  Global Development                 --     14,960         --         --        --        --        --        --         --         --         --         --          --          --      14,960
   Alliance.................
  Global Environment                 --         --         --         --        --        --        --        --         --         --         --         --          --     138,418     138,418
   Facility.................
  Global Health.............    328,806      1,000         --         --        --        --        --        --         --         --         --         --          --          --     329,806
  Global Regional Export             --         --         --         --        --        --        --        --         --         --        585         --          --          --         585
   Controls.................
  Human Rights and Democracy         --         --     34,296         --        --        --        --        --         --         --         --         --          --          --      34,296
   Fund.....................
  INL Anticrime Programs....         --         --         --         --        --        --        --    11,324         --         --         --         --          --          --      11,324
  International Atomic               --         --         --         --        --        --        --        --         --         --     52,687         --          --          --      52,687
   Energy Agency Voluntary
   Contribution.............
  International Civil                --         --         --         --        --        --        --        --         --         --         --         --          --         994         994
   Aviation Organization....
  International Conservation         --         --         --         --        --        --        --        --         --         --         --         --          --       6,362       6,362
   Programs.................
  International                      --         --         --         --        --        --        --        --         --         --         --         --          --       1,889       1,889
   Contributions for
   Scientific, Educational,
   and Cultural Activities..
  International Development          --         --         --         --        --        --        --        --         --         --         --         --          --     907,812     907,812
   Association..............
  International Disaster and         --         --         --         --        --        --        --        --         --         --         --         --          --     253,993     253,993
   Famine Assistance........
  International Fund for             --         --         --         --        --        --        --        --         --         --         --         --          --      14,916      14,916
   Agricultural Development.
  International Law                  --         --         --         --        --        --        --    14,500         --         --         --         --          --          --      14,500
   Enforcement Academies....
  International                      --         --         --         --        --        --        --    12,200         --         --         --         --          --          --      12,200
   Organizations............
  International                 564,900         --         --         --        --        --        --        --         --         --         --         --          --          --     564,900
   Organizations/
   Partnerships.............
  International Panel on             --         --         --         --        --        --        --        --         --         --         --         --          --       5,567       5,567
   Climate Change/UN
   Framework Convention on
   Climate Change...........
  International Trust Fund--         --         --         --         --        --        --        --        --         --         --      9,941         --          --          --       9,941
   NADR.....................
  Interregional Aviation             --         --         --         --        --        --        --    70,000         --         --         --         --          --          --      70,000
   Support..................
  Legislative and Public             --      2,000         --         --        --        --        --        --         --         --         --         --          --          --       2,000
   Affairs..................
  MANPADS...................         --         --         --         --        --        --        --        --         --         --      2,000         --          --          --       2,000
  Millennium Challenge               --         --         --         --        --        --        --        --         --         --         --         --          --     994,100     994,100
   Account..................
  Mobile Antiterrorism               --         --         --         --        --        --        --        --         --         --      4,776         --          --          --       4,776
   Training Team (MATT).....
  Montreal Protocol                  --         --         --         --        --        --        --        --         --         --         --         --          --      20,876      20,876
   Multilateral Fund........
  MRA Administrative                 --         --         --         --        --        --        --        --         --     20,876         --         --          --          --      20,876
   Expenses.................
  MRA Migration.............         --         --         --         --        --        --        --        --         --     17,303         --         --          --          --      17,303
  MRA Refugee Admissions....         --         --         --         --        --        --        --        --         --    132,464         --         --          --          --     132,464
  MRA Strategic Global               --         --         --         --        --        --        --        --         --     63,210         --         --          --          --      63,210
   Priorities...............
  Multilateral Investment            --         --         --         --        --        --        --        --         --         --         --         --          --       1,117       1,117
   Guarantee Agency.........
  New Course Development....         --         --         --         --        --        --        --        --         --         --      3,300         --          --          --       3,300
  No-Year/Carry Forward.....         --         --         --         --        --        --       718        --         --         --         --         --          --          --         718
  Non-Proliferation and              --         --         --         --        --        --        --        --         --         --     29,823         --          --          --      29,823
   Disarmament Fund.........
  Oceans, Environmental and          --         --      3,976         --        --        --        --        --         --         --         --         --          --          --       3,976
   Science Initiative.......
  Office of Transition               --         --         --         --        --        --        --        --         --         --         --         --          --      54,676      54,676
   Initiatives..............
  OPIC--Administrative               --         --         --         --        --        --        --        --         --         --         --         --          --      41,141      41,141
   Expenses.................
  OPIC--Credit Funding......         --         --         --         --        --        --        --        --         --         --         --         --          --      23,858      23,858
  OPIC--Net Offsetting               --         --         --         --        --        --        --        --         --         --         --         --          --   (288,999)   (288,999)
   Collections..............
  Other Bilateral Programs..         --         --         --         --        --    16,500        --        --         --         --         --         --          --          --      16,500
  Other Programs............      6,749      5,718     12,426         --        --        --        --        --         --         --         --         --          --          --      24,893
  Partnership to Eliminate           --         --      1,988         --        --        --        --        --         --         --         --         --          --          --       1,988
   Sweatshops...............
  Peace Corps Other.........         --         --         --         --        --        --        --        --         --         --         --         --          --     149,736     149,736
  Program & Policy                4,310      5,898         --         --        --        --        --        --         --         --         --         --          --          --      10,208
   Coordination.............
  Program Development and            --         --         --         --        --        --        --    13,850         --         --         --         --          --          --      13,850
   Support..................
  Program Equipment.........         --         --         --         --        --        --        --        --         --         --        500         --          --          --         500
  Reconciliation Programs...         --         --      7,953         --        --        --        --        --         --         --         --         --          --          --       7,953
  SA/LW Conference..........         --         --         --         --        --        --        --        --         --         --         30         --          --          --          30
  Security and                       --         --      2,982         --        --        --        --        --         --         --         --         --          --          --       2,982
   Sustainability Programs..
  Strategic Information/             --         --         --         --        --    14,850        --        --         --         --         --         --          --          --      14,850
   Evaluation...............
  Systems Support and                --         --         --         --        --        --        --     5,000         --         --         --         --          --          --       5,000
   Upgrades.................
  Technical Oversight and            --         --         --         --        --    34,972        --        --         --         --         --         --          --          --      34,972
   Management...............
  Trade and Development              --         --         --         --        --        --        --        --         --         --         --         --          --      49,705      49,705
   Agency...................
  Trafficking in Persons....         --         --     12,427         --        --        --        --    12,000         --         --         --         --          --          --      24,427
  Treasury Technical                 --         --         --         --        --        --        --        --         --         --         --         --          --      18,888      18,888
   Assistance...............
  U.S. Emergency Refugee and         --         --         --         --        --        --        --        --         --         --         --         --          --      29,823      29,823
   Migration Assistance Fund
  UN Children's Fund........         --         --         --         --        --        --        --        --         --         --         --         --          --     119,292     119,292
  UN Development Fund for            --         --         --         --        --        --        --        --         --         --         --         --          --         994         994
   Women....................
  UN Development Program....         --         --         --         --        --        --        --        --         --         --         --         --          --     101,398     101,398
  UN Environment Program....         --         --         --         --        --        --        --        --         --         --         --         --          --      10,935      10,935
  UN High Commissioner,              --         --         --         --        --        --        --        --         --         --         --         --          --       2,484       2,484
   Human Rights.............
  UN Voluntary Fund for              --         --         --         --        --        --        --        --         --         --         --         --          --       1,491       1,491
   Technical Cooperation in
   the Field of Human Rights
  UN Voluntary Fund for              --         --         --         --        --        --        --        --         --         --         --         --          --       5,468       5,468
   Victims of Torture.......
  United Nations Crime               --         --         --         --        --        --        --     1,000         --         --         --         --          --          --       1,000
   Center...................
  USAID Capital Investment           --         --         --         --        --        --        --        --         --         --         --         --          --      98,315      98,315
   Fund.....................
  USAID Inspector General            --         --         --         --        --        --        --        --         --         --         --         --          --      36,694      36,694
   Operating Expenses.......
  USAID Operating Expenses..         --         --         --         --        --        --        --        --         --         --         --         --          --     651,136     651,136
  Wheelchairs...............         --         --      4,971         --        --        --        --        --         --         --         --         --          --          --       4,971
  World Meteorological               --         --         --         --        --        --        --        --         --         --         --         --          --       1,988       1,988
   Organization.............
  World Trade Organization..         --         --         --         --        --        --        --        --         --         --         --         --          --         994         994
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Global................    911,427    308,659     81,019     42,250        --   196,119     4,578   148,574         --    233,853    144,895         --          --   3,733,236   5,804,610
================================================================================================================================================================================================
Total FY 2004...............  1,824,174  1,364,329  3,288,162  4,621,810   584,537   488,103    91,159   460,274    737,587    780,712    396,415    124,458     442,375   4,407,119  19,611,214
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


              APPENDIX F--Resolutions Adopted by the Commission on Human Rights at its 60th Session
----------------------------------------------------------------------------------------------------------------
                                                                                                        Agenda
         Year/Res. No.                          Res. Title                    Method of  Adoption        Item
----------------------------------------------------------------------------------------------------------------
2004/1                          Grave situation in the Occupied              Recorded vote 31/2/18            8
                                 Palestinian Territory.
2004/2                          Strengthening the Office of the United        Recorded vote 51/0/2           18
                                 Nations High Commissioner for Human
                                 Rights.
2004/3                          Situation in Occupied Palestine..........     Recorded Vote 52/1/0            5
2004/4                          Question of Western Sahara...............           Without a vote            5
2004/5                          Use of mercenaries as a means of             Recorded vote 36/14/3            5
                                 violating human rights and impeding the
                                 exercise of the right of peoples to self/
                                 determination.
2004/6                          Combating Defamation of Religions........    Recorded vote 29/16/7            6
2004/7                          Right to Development.....................     Recorded vote 49/3/0            7
2004/8                          Human Rights in the occupied Syrian Golan    Recorded vote 31/1/21            8
2004/9                          Israeli settlements in the occupied Arab     Recorded vote 27/2/24            8
                                 territories.
2004/10                         Question of the violation of human rights    Recorded vote 31/7/15            8
                                 in the occupied Arab territories,
                                 including Palestine.
2004/11                         Situation of Human Rights in Cuba........   Recorded vote 22/21/10            9
2004/12                         Situation of Human Rights in Turkmenistan   Recorded vote 25/11/17            9
2004/13                         Situation of Human Rights in the             Recorded vote 29/8/16            9
                                 Democratic People's Republic of Korea.
2004/14                         Situation of Human Rights in Belarus.....   Recorded Vote 23/13/17            9
2004/15                         Cooperation with representatives of                 Without a vote            9
                                 United Nations human rights bodies.
2004/16                         Inadmissibility of certain practices that    Recorded vote 36/13/4            6
                                 contribute to fuelling contemporary
                                 forms of racism, racial discrimination,
                                 xenophobia and related intolerance.
2004/17                         Adverse effects of the illicit movement      Recorded vote 38/13/2           10
                                 and dumping of toxic and dangerous
                                 products and wastes on the enjoyment of
                                 human rights.
2004/18                         Effects of structural adjustment policies   Recorded vote 29/14/10           10
                                 and foreign debt on the full enjoyment
                                 of all human rights, particularly
                                 economic, social and cultural rights.
2004/19                         The right to food........................     Recorded vote 51/1/1           10
2004/20                         Promotion of the enjoyment of the            Recorded vote 38/1/14           10
                                 cultural rights of everyone and respect
                                 for different cultural identities.
2004/21                         Adequate housing as a component of the              Without a vote           10
                                 right to an adequate standard of living.
2004/22                         Human rights and unilateral coercive         Recorded Vote 36/14/3           10
                                 measures.
2004/23                         Human Rights and Extreme Poverty.........           Without a vote           10
2004/24                         Globalization and its impact on the full     Recorded vote 38/15/0           10
                                 enjoyment of all human rights.
2004/25                         The Right to Education...................           Without a vote           10
2004/26                         Access to medication in the context of              Without a vote           10
                                 pandemics such as HIV/AIDS, tuberculosis
                                 and malaria.
2004/27                         The right of everyone to the enjoyment of     Recorded vote 52/1/0           10
                                 the highest attainable standard of
                                 physical and mental health.
2004/28                         Prohibition of forced evictions..........     Recorded vote 45/1/7           10
2004/29                         Question of the realization in all            Recorded vote 48/0/5           10
                                 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 these human rights.
2004/30                         Enhancing the role of regional, sub/          Recorded vote 45/0/8           11
                                 regional and other organizations and
                                 arrangements in promoting and
                                 consolidating democracy.
2004/31                         Strengthening of popular participation,     Recorded vote 28/14/11           11
                                 equity, social justice and non/
                                 discrimination as essential foundations
                                 of democracy.
2004/32                         Integrity of the judicial system.........           Without a vote           11
2004/33                         Independence and impartiality of the                Without a vote           11
                                 judiciary, jurors and assessors and the
                                 independence of lawyers.
2004/34                         The right to restitution, compensation              Without a vote           11
                                 and rehabilitation for victims of grave
                                 violations of human rights and
                                 fundamental freedoms.
2004/35                         Conscientious objection to military                 Without a vote           11
                                 service.
2004/36                         Elimination of all forms of religious               Without a vote           11
                                 intolerance.
2004/37                         Extrajudicial, summary or arbitrary          Recorded vote 39/0/12           11
                                 executions.
2004/38                         The incompatibility between democracy and           Without a vote           11
                                 racism.
2004/39                         Arbitrary detention......................           Without a vote           11
2004/40                         Enforced or involuntary disappearances...           Without a vote           11
2004/41                         Torture and other cruel, inhuman or                 Without a vote           11
                                 degrading treatment or punishment.
2004/42                         The right to freedom of opinion and                 Without a vote           11
                                 expression.
2004/43                         Human rights in the administration of         Recorded vote 43/1/8           11
                                 justice, in particular juvenile justice.
2004/44                         Human rights and terrorism...............    Recorded vote 31/14/8           11
2004/45                         Trafficking in women and girls...........           Without a vote           12
2004/46                         Elimination of violence against women....           Without a vote           12
2004/47                         Abduction of children in Africa..........           Without a vote           13
2004/48                         Rights of the child......................     Recorded vote 52/1/0           13
2004/49                         Violence against women migrant workers...           Without a vote         14.A
2004/50                         Missing persons..........................     Recorded vote 52/0/1         14.D
2004/51                         Rights of persons belonging to national             Without a vote         14.B
                                 or ethnic, religious and linguistic
                                 minorities.
2004/52                         Human rights of persons with disabilities           Without a vote         14.D
2004/53                         Human rights of migrants.................           Without a vote         14.A
2004/54                         Tolerance and pluralism as indivisible              Without a vote         14.B
                                 elements in the promotion and protection
                                 of human rights.
2004/55                         Internally displaced persons.............           Without a vote          14.C
2004/56                         International Convention on the                     Without a vote         14.A
                                 Protection of the Rights of All Migrant
                                 Workers and Members of Their Families.
2004/57                         Working Group on Indigenous Populations      Recorded vote 38/15/0           15
                                 of the Sub/Commission on the Promotion
                                 and Protection of Human Rights.
2004/58                         Working Group on Indigenous Populations      Recorded vote 38/2/13           15
                                 of the Sub/Commission on the Promotion
                                 and Protection of Human Rights, and the
                                 International Decade of the World's
                                 Indigenous Peoples.
2004/59                         Working group of the Commission on Human            Without a vote           15
                                 Rights to elaborate a draft declaration
                                 in accordance with paragraph 5 of
                                 General Assembly resolution 49/214 of 23
                                 December 1994.
2004/60                         The work of the Sub/Commission on the               Without a vote           16
                                 Promotion and Protection of Human Rights.
2004/61                         Situation of human rights in Myanmar.....           Without a vote            9
2004/62                         HR and indigenous issues.................           Without a vote           15
2004/63                         Enhancement of international cooperation.           Without a vote           17
2004/64                         Promotion of a democratic and equitable      Recorded vote 31/15/7           17
                                 international order.
2004/65                         Promotion of peace as a vital requirement    Recorded vote 32/15/6           17
                                 for the full enjoyment of all human
                                 rights by all.
2004/66                         Human rights and international solidarity    Recorded vote 37/15/1           17
2004/67                         Question of the death penalty............    Recorded vote 29/19/5           17
2004/68                         Human rights Defenders...................           Without a vote           17
2004/69                         Status of the International Covenants on            Without a vote           17
                                 Human Rights.
2004/70                         The role of good governance in the                  Without a vote           17
                                 promotion of human rights.
2004/71                         Follow/up to the United Nations Decade              Without a vote           17
                                 for Human Rights Education.
2004/72                         Impunity.................................           Without a vote           17
2004/73                         Composition of the staff of the Office of    Recorded vote 35/14/4           18
                                 the United Nations High Commissioner for
                                 Human Rights.
2004/74                         Regional cooperation for the promotion              Without a vote           18
                                 and protection of human rights in the
                                 Asian and Pacific region.
2004/75                         National institutions for the promotion             Without a vote           18
                                 and protection of human rights.
2004/76                         Human rights and special procedures......    Recorded vote 35/0/18           --
2004/77                         Protection of United Nations personnel...           Without a vote           18
2004/78                         Effective implementation of international           Without a vote           --
                                 instruments on human rights, including
                                 reporting obligations under
                                 international instruments on human
                                 rights.
2004/79                         Technical cooperation and advisory                  Without a vote           19
                                 services in Cambodia.
2004/80                         Assistance to Somalia in the field of               Without a vote           19
                                 human rights.
2004/81                         Advisory services and technical                     Without a vote           19
                                 cooperation in the field of human rights.
2004/82                         Advisory services and technical                     Without a vote           19
                                 assistance in Burundi.
2004/83                         Technical cooperation and advisory                  Without a vote           19
                                 services in Liberia.
2004/84                         Technical cooperation and advisory                  Without a vote           19
                                 services in the Democratic Republic of
                                 the Congo.
2004/85                         Technical cooperation and advisory                  Without a vote           19
                                 services in Chad.
2004/86                         Assistance to Sierra Leone in the field             Without a vote           19
                                 of human rights.
2004/87                         Protection of human rights and                      Without a vote           17
                                 fundamental freedoms while countering
                                 terrorism.
2004/88                         World Conference against Racism, Racial      Recorded vote 38/1/14            6
                                 Discrimination, Xenophobia and Related
                                 Intolerance and the comprehensive
                                 implementation of and follow/up to the
                                 Durban Declaration and Programme of
                                 Action.
----------------------------------------------------------------------------------------------------------------


                                                         APPENDIX G--United Nations Commission on Human Rights Voting History, 2003-2004
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Belarus          Chechnya            Cuba            Turkmenistan          DPRK       Iraq    China (n/a)      Zimbabwe (n/a)
                                                         ---------------------------------------------------------------------------------------------------------------------------------------
                                                             03       04       03       04       03       04        03         04          03         03         04           03          04
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AFRICA-15
  Algeria (03)..........................................       a       --        n       --        n       --          a         --            n        *            --           y          --
  Burkina Faso (05).....................................       a        a        a        a        n        n          a          a            a        *             y           y           y
  Cameroon (03).........................................       a       --        a       --        y       --          a         --            a        a            --           y          --
  DROC (03).............................................       a        a        n        n        n        n          a          a            a        a             y           y           y
  Egypt (08)............................................      --        n       --        n       --        n         --          n           --       --             y          --           y
  Eritrea (08)..........................................      --        a       --        n       --        a         --          a           --       --             y          --           y
  Ethiopia..............................................      --        a       --        n       --        n         --          a           --       --             y          --           y
  Gabon (05)............................................       a        a        n        n        n        a          n          a            y        a             y           y           y
  Kenya (03)............................................       y       --        a       --        a       --          a         --            y        y            --           y          --
  Libya (03)............................................       n       --        n       --        n       --          n         --            n        *            --           y          --
  Mauritania (08).......................................      --        a       --        a       --        a         --          a           --       --             y          --           y
  Nigeria (08)..........................................      --        n       --        n       --        n         --          a           --       --             y          --           y
  Senegal (03)..........................................       a       --        a       --        a       --          a         --            a        a            --           y          --
  Sierra Leone (04).....................................       a        n        a        n        y        n          a          a            a        *             y           y           y
  South Africa (03).....................................       n        n        n        n        n        n          a          a            a        *             y           y           y
  Sudan (04)............................................       n        n        n        n        n        n          n          n            n        y             y           y           y
  Swaziland (05)........................................       n        a        n        n        a        n          a          a            a        a             y           y           y
  Togo (04).............................................       a        a        n        n        a        n          a          a            a        a             y           y           y
  Uganda (04)...........................................       a        a        n        n        a        a          a          a            a        y             a           y           y
  Zimbabwe (05).........................................       n        n        n        n        n        n          n          n            n        n             y           y           y
================================================================================================================================================================================================
ASIA-12
  Bahrain (04)..........................................       a        a        a        a        n        n          n          n            a        y             y           y           y
  Bhutan (08)...........................................      --        a       --        a       --        a         --          a           --       --             y          --           y
  China (05)............................................       n        n        n        n        n        n          n          n            n        *             y           y           y
  India (03)............................................       n        n        n        n        n        n          n          a            a        a             y           y           y
  Indonesia (08)........................................      --        n       --        n       --        n         --          n           --       --             y          --           y
  Japan (05)............................................       y        y        a        a        y        y          y          y            y        y             n           n           n
  Korea (04)............................................       y        y        a        a        y        y          y          y            *        y             a           n           n
  Malaysia (03).........................................       n       --        a       --        n       --          n         --            n        n            --           y          --
  Nepal (08)............................................      --        a       --        n       --        a         --          a           --       --             y          --           y
  Pakistan (04).........................................       a        a        a        a        n        n          n          n            a        a             y           y           y
  Qatar.................................................      --        a       --        a       --        n         --          n           --       --             y          --           y
  Saudi Arabia (03).....................................       a        a        a        a        n        n          n          n            y        y             y           y           y
  Sri Lanka (05)........................................       y        y        n        n        a        a          y          y            a        y             y           y           y
  Syria (03)............................................       n       --        n       --        n       --          n         --            n        a            --           y          --
  Thailand (03).........................................       a       --        a       --        a       --          a         --            a        y            --           y          --
  Vietnam (03)..........................................       n       --        n       --        n       --          n         --            n        a            --           y          --
================================================================================================================================================================================================
GRULAC-11
  Argentina (05)........................................       a        a        a        a        a        a          y          y            y        y             a           n           n
  Brazil (05)...........................................       y        y        n        n        a        a          a          y            y        y             y           a           a
  Chile (04)............................................       y        y        y        a        y        y          y          y            y        y             a           n           n
  Costa Rica (03).......................................       y        y        y        a        y        y          y          y            y        y             n           n           n
  Cuba (03).............................................       n        n        n        n        n        n          n          n            n        n             y           y           y
  Dominican.............................................      --        y       --        a       --        y         --          y           --       --             a          --           n
    Republic (08).......................................
  Guatemala (03)........................................       a        y        a        a        y        y          y          y            y        y             n           n           n
  Honduras (08).........................................      --        a       --        a       --        y         --          y           --       --             n          --           n
  Mexico (04)...........................................       y        y        y        a        y        y          y          y            y        *             a           n           a
  Paraguay (05).........................................       y        y        a        a        y        a          y          y            y        y             a           n           n
  Peru (03).............................................       y        y        a        a        y        y          y          y            y        y             a           n           n
  Uruguay (03)..........................................       y       --        a       --        y       --          y         --            y        y            --           n          --
  Venezuela (03)........................................       a       --        n       --        n       --          a         --            y        a            --           y          --
================================================================================================================================================================================================
E. EURO-5
  Armenia (04)..........................................       n        n        n        n        y        y          n          a            y        y             a           n           n
  Croatia (04)..........................................       y        y        y        y        y        y          y          y            y        y             n           n           n
  Hungary (08)..........................................      --        y       --        y       --        y         --          y           --       --             n          --           n
  Poland (03)...........................................       y       --        y       --        y       --          y         --            y        y            --           n          --
  Russian Federation....................................       n        n        n        n        n        n          n          a            n        a             y           y           y
  Ukraine (05)..........................................       n        n        n        n        n        n          n          n            y        y             y           n           n
================================================================================================================================================================================================
WEOG-10
  Australia (05)........................................       y        y        y        y        y        y          y          y            y        y             n           n           n
  Austria (04)..........................................       y        y        y        y        y        y          y          y            y        y             n           n           n
  Belgium (03)..........................................       y       --        y       --        y       --          y         --            y        y            --           n          --
  Canada (03)...........................................       y       --        y       --        y       --          y         --            y        y            --           n          --
  France (04)...........................................       y        y        y        y        y        y          y          y            y        y             n           n           n
  Germany (05)..........................................       y        y        y        y        y        y          y          y            y        y             n           n           n
  Ireland (05)..........................................       y        y        y        y        y        y          y          y            y        y             n           n           n
  Italy (08)............................................      --        y       --        y       --        y         --          y           --       --             n          --           n
  Netherlands (08)......................................      --        y       --        y       --        y         --          y           --       --             n          --           n
  Sweden (04)...........................................       y        y        y        y        y        y          y          y            y        y             n           n           n
  UK (03)...............................................       y        y        y        y        y        y          y          y            y        y             n           n           n
  U.S. (05).............................................       y        y        y        y        y        y          y          y            y        y             n           n           n
================================================================================================================================================================================================
Final Vote
  yes...................................................      23       23       15       12       24       22         23         25           28       31            28          28          27
  no....................................................      14       13       21       23       20       21         16         11           10        3            16          24          24
  abstain...............................................      16       17       17       18        9       10         14         17           14       12             9          --          1
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* = Did not vote.
n/a = No Action Vote.
Countries in bold were new to the CHR in 2004.
Numbers within parenthesis indicate the year a country's term ends.

           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

 (this material is in the public domain and may be reprinted without 
          permission; citation of this source is appreciated.)

                                 
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